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The Highway Traffic Amendment and Consequential Amendments Act

S.M. 1991-92, c. 24

Bill 47, 2nd Session, 35th Legislature

The Highway Traffic Amendment and Consequential Amendments Act

(Assented to July 26, 1991)

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 109(1) amended

2           Subsection 109(1) is amended by adding "or" at the end of clause (e) and by adding the following as clause (f):

(f) when permitted under section 124.2.

Sections 124.1 to 124.9 added

3           The following is added after section 124:

PHYSICALLY DISABLED PERSONS PARKING

Definitions

124.1       In sections 124.2 to 124.9,

"designated parking space" means a parking space designated by signs or pavement markings as being for the sole use of motor vehicles displaying a permit and that is located

(a) on a highway,

(b) in a public parking lot or facility, or

(c) in a private parking lot or facility to which the public has access; («aire de stationnement désignée»)

"permit" means a physically disabled person's parking permit issued under section 124.3. («permis»)

Disabled persons parking on the left

124.2(1)    Subject to subsection (2), a driver who is the holder of a permit may, when it is necessary for the driver to enter or egress from a motor vehicle,

(a) drive the motor vehicle on the left side of a highway the minimum distance required to stand, stop or park a vehicle on the left side of a highway; and

(b) notwithstanding subsection 123(1), stand, stop or park the motor vehicle on the left side of a highway with the left-hand wheels thereof parallel to that side and, where there is a curb, within 450 millimetres of the curb.

Application of subsection (1)

124.2(2)    Subsection (1) applies only

(a) in a city or town;

(b) on a highway other than a divided highway;

(c) where the motor vehicle displays a permit in accordance with this Act and the regulations;

(d) where the motor vehicle's emergency lamps, as described in subsection 37(13), are lighted intermittently or put into a flashing operation; and

(e) where the driver drives or stands, stops or parks the motor vehicle with due regard for the safety of other users on the highway and complies with all other lawful requirements.

Permit issuance

124.3(1)    The registrar may issue a physically disabled person's parking permit to a person or organization that meets the requirements prescribed in the regulations and applies in the form required by the registrar.

Delegation of authority to issue permits

124.3(2)    The registrar may delegate the authority to issue permits under subsection (1), and when the authority is delegated, the delegate may issue a permit to a person or organization that meets the requirements prescribed in the regulations and applies in the form required by the delegate.

Fee for permit issued by delegate

124.3(3)    When a permit is issued under subsection (2), the delegate is entitled to retain the amount of any fee that is prescribed in the regulations.

Permit issued by another jurisdiction

124.3(4)    A valid physically disabled person's parking permit, decal, placard or other similar device issued by a competent authority outside the province is deemed to be a permit issued under this section, but it expires 3 months after the holder becomes a resident of the province.

Transitional

124.3(5)    A physically disabled person's parking decal, placard or other similar device issued in the province by a government department, municipality, corporation or organization that is valid on the day this section comes into force is deemed to be a permit issued under this section until the decal, placard or device expires or until six months after this section comes into force, whichever comes first.

Authorized use

124.4       A valid permit authorizes the permit holder or a person who is transporting the permit holder to stop, stand or park a motor vehicle in a designated parking space if the permit is used and displayed in accordance with this Act and the regulations.

Unauthorized use

124.5       No person shall

(a) have in his or her possession a permit that is fictitious, altered, or obtained contrary to this Act or the regulations;

(b) display a permit in a motor vehicle parked in a designated parking space when the holder is not transported in the vehicle;

(c) display a permit that is cancelled or has expired; or

(d) display or use a permit otherwise than in accordance with this Act and the regulations.

Permit cancellation

124.6(1)    On being satisfied that

(a) a permit has been obtained or used in contravention of this Act, the regulations or a by-law of a municipality;

(b) a permit has been lost, stolen, defaced, or altered; or

(c) a permit holder no longer meets the requirements of the regulations;

the registrar, or a delegate of the register who issued the permit, may cancel the permit and may refuse to replace, re-issue, or renew the permit.

Return of cancelled permit

124.6(2)    On receiving notification served personally or by registered mail that a permit has been cancelled by the registrar or a delegate of the registrar, the permit holder shall immediately deliver the cancelled permit to the registrar, or, if the permit was issued by a delegate of the registrar, to the delegate.

Permit inspection and surrender

124.7(1)    Every person having possession of a permit shall, upon the demand of a peace officer, surrender the permit for reasonable inspection to ensure that the provisions of this Act, the regulations and any by-law of a municipality are being complied with.

Permit retained by peace officer

124.7(2)    A peace officer to whom a permit has been surrendered may retain it if the peace officer believes on reasonable grounds that the permit

(a) is fictitious or was not issued under this Act;

(b) was obtained under false pretenses;

(c) has been defaced or altered;

(d) has expired or been cancelled; or

(e) is being or has been used in contravention of this Act, the regulations or a by-law of a municipality.

Notification of retention of permit

124.7(3)    A peace officer who retains a permit under subsection (2) shall without delay notify the registrar or the delegate of the registrar who issued the permit of

(a) the permit issuance number, if the permit is numbered;

(b) the name and address of the person who was in possession of the permit; and

(c) the date the permit was retained.

Entry on private land

124.8       A peace officer may enter on private land for the purpose of enforcing this Act and the regulations, and while so engaged is not liable for trespass.

Regulations

124.9       The Lieutenant Governor in Council may make regulations

(a) prescribing the form and design of permits and the information to be shown on them;

(b) prescribing the requirements for obtaining a permit;

(c) respecting the issuance, renewal, cancellation and replacement of permits;

(d) governing the manner of displaying permits on or in motor vehicles;

(e) prescribing the fees for issuance of permits;

(f) respecting any matter necessary or advisable to carry out effectively the intent and purpose of sections 124.1 to 124.8.

Subsection 229(1) amended

4           Subsection 229(1) is amended

(a) in the words preceding clause (a), by striking out "or of the regulations" and substituting ", the regulations or a rule or by-law made by a traffic authority under subsection 90(1)"; and

(b) in the words following clause (b), by striking out "herein".

C.C.S.M. c. M225 amended

5(1)        The Municipal Act is amended by this section.

Subdivision heading preceding section 298 amended

5(2)        The Subdivision heading preceding section 298 is amended by adding "PHYSICALLY DISABLED PERSONS PARKING," before "ABANDONING".

Sections 299.1 and 299.2 added

5(3)        The following is added after section 299:

Interpretation

299.1(1)    In this section and in section 299.2,

"designated parking space" means a parking space designated by signs or pavement markings as being for the sole use of motor vehicles displaying a permit and that is located

(a) on a highway,

(b) in a public parking lot or facility, or

(c) in a private parking lot or facility to which the public has access; («aire de stationnement désignée»)

"motor vehicle" means a motor vehicle as defined in The Highway Traffic Act; («véhicule automobile»)

"permit" means a physically disabled person's parking permit issued under section 124.3 of The Highway Traffic Act. («permis»)

Parking by-law for physically disabled persons

299.1(2)    A municipality may, by by-law, make it an offence for a person to stop, stand or park a motor vehicle

(a) in a designated parking space; or

(b) in a manner that makes a designated parking space inaccessible;

unless a permit is displayed in the vehicle and is used in accordance with The Highway Traffic Act and the regulations under that Act.

Cities required to pass parking by-law

299.1(3)    A municipality that is

(a) a city;

(b) a town with a population of more than 3,000 persons; or

(c) designated by regulation as a municipality to which this subsection applies;

shall, by by-law, make it an offence for a person to stop, stand or park a motor vehicle in a designated parking space, or in a manner that makes a designated parking space inaccessible, unless a permit is displayed in the vehicle and is used in accordance with The Highway Traffic Act and the regulations under that Act.

Penalty

299.1(4)    A by-law required to be made under subsection (3) shall impose a fine for its contravention which shall be an amount equal to or greater than the maximum fine for any other parking violation imposed in that municipality.

Transitional

299.1(5)    A municipality required to pass a by-law under subsection (3) shall do so within six months from the day this section comes into force.

Designation of municipalities

299.1(6)    The Lieutenant Governor in Council may, by regulation, designate municipalities to which subsection (3) applies, and may set a time within which the municipality shall comply with that subsection.

By-law respecting designated parking spaces for the physically disabled

299.2(1)    The council of a municipality may pass by-laws requiring owners or operators of parking lots or other parking facilities to which the public has access, whether on payment of a fee or otherwise, to provide designated parking spaces for the use of motor vehicles displaying a permit in accordance with The Highway Traffic Act and the regulations under that Act and for prohibiting the use of such spaces by other vehicles.

Contents of by-law

299.2(2)    A by-law under subsection (1) may

(a) specify the dimensions of designated parking spaces and the number of such spaces to be provided by each owner or operator, and the number of spaces may be based on a proportion of the total number of parking spaces in the parking lot or parking facility; and

(b) specify the requirements for the design, dimensions and location of signs or traffic control devices for designated parking spaces.

City of Winnipeg Act amended

6(1)        The City of Winnipeg Act, S.M. 1989-90, c. 10, is amended by this section.

Sections 427.1 and 427.2 added

6(2)         The following is added after section 427:

Interpretation

427.1(1)    In this section and in section 427.2,

"designated parking space" means a parking space designated by signs or pavement markings as being for the sole use of motor vehicles displaying a permit and that is located

(a) on a highway,

(b) in a public parking lot or facility, or

(c) in a private parking lot or facility to which the public has access; («aire de stationnement désignée»)

"motor vehicle" means a motor vehicle as defined in The Highway Traffic Act; («véhicule automobile»)

"permit" means a physically disabled person's parking permit issued under section 124.3 of The Highway Traffic Act. («permis»)

City required to pass by-law re parking for physically disabled persons

427.1(2)    Within six months of the coming into force of this section, council shall, by by-law, make it an offence for a person to stop, stand or park a motor vehicle

(a) in a designated parking space; or

(b) in a manner that makes a designated parking space inaccessible;

unless a permit is displayed in the vehicle and is used in accordance with The Highway Traffic Act and the regulations under that Act.

Penalty

427.1(3)    A by-law under subsection (2) shall impose a fine for its contravention which shall be an amount equal to or greater than the maximum fine for any other parking violation imposed by by-law under this Act.

By-law respecting designated parking spaces for the disabled

427.2(1)    The council may pass by-laws requiring owners or operators of parking lots or other parking facilities to which the public has access, whether on payment of a fee or otherwise, to provide designated parking spaces for the use of motor vehicles displaying a permit in accordance with The Highway Traffic Act and the regulations under that Act and for prohibiting the use of such spaces by other vehicles.

Contents of by-law

427.2(2)    A by-law under subsection (1) may

(a) specify the dimensions of designated parking spaces and the number of such spaces to be provided by each owner or operator, and the number of spaces may be based on a proportion of the total number of parking spaces in the parking lot or parking facility; and

(b) specify the requirements for the design, dimensions and location of signs or traffic control devices for designated parking spaces.

Repeal

7           The Physically Disabled Persons Parking Act, S.M. 1989-90, c. 61, is repealed.

Coming into force

8           This Act comes into force on the day that is two months after the day it receives royal assent.