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The Highway Traffic Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1993, c. 35

The Highway Traffic Amendment Act

(Assented to July 27, 1993)

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 adding the following definition in alphabetical order:

"school" means

(a) a public school or a private school as defined in The Education Administration Act, or

(b) an educational institution established under the Indian Act (Canada) or under any other Act of the Parliament of Canada,

but does not include a post-secondary educational institution; (« école »)

(b) by repealing the definition "school bus" and substituting the following:

"school bus" means a vehicle that is designed and classified by the manufacturer as a school bus and used for the purpose of transporting pupils and other authorized persons to or from school or to or from approved school related activities; (« autobus scolaire »)

3           The following is added after section 5:

MOTOR VEHICLE SAFETY INSPECTION CERTIFICATES

"Qualified mechanic" defined

5.1(1)      In this section, "qualified mechanic" means a person who is authorized by the registrar to perform the inspections and to issue the certificates required under subsection (2).

Certificate required for registration

5.1(2)      Subject to subsection (3), the registrar shall refuse to register a motor vehicle unless the applicant for registration submits to the registrar

(a) a certificate of inspection issued by a qualified mechanic certifying that the motor vehicle and its equipment have been inspected by the issuer and that, at the time of the inspection, the motor vehicle and its equipment were in compliance with this Act and the regulations;

(b) a certificate of inspection issued by a qualified mechanic certifying that the motor vehicle and its equipment have been inspected by the issuer and that, at the time of the inspection, the motor vehicle or its equipment or both were not in compliance with this Act and the regulations, and indicating the repairs needed to remedy the non-compliance, and the certificate of inspection shall have appended to it a certificate of repair issued by a qualified mechanic certifying that those repairs have been made and that the motor vehicle and its equipment were inspected after the repairs were made and were found to be in compliance with this Act and the regulations;

(c) a certificate issued under section 20 certifying that, on the date of issuance of the certificate, the motor vehicle and its equipment were in compliance with this Act and the regulations;

(d) a certificate of approval issued for the motor vehicle under section 327; or

(e) evidence satisfactory to the registrar that this section does not apply in respect of the motor vehicle.

Application of section

5.1(3)      This section does not apply in respect of the transfer of a motor vehicle

(a) that is registered in Manitoba in the name of the transferor and is being transferred

(i) to the spouse of the transferor, or to a person to whom the transferor is not married but with whom the transferor has cohabited continuously as his or her spouse for a period of not less than 12 months,

(ii) to a child of the transferor,

(iii) to a parent of the transferor, or

(iv) as an inheritance, to the beneficiary of an estate; or

(b) that is registered as an antique car, truck or motorcycle under section 333.

Form and content of certificates

5.1(4)      A certificate required under subsection (2) shall be in a form and shall contain the information prescribed by the regulations.

Time lapse between inspection and application

5.1(5)      The registrar shall refuse to accept a certificate submitted under subsection (2) unless it indicates, to the registrar's satisfaction, that the inspection upon which it is based was performed no more than two years before the application for registration, or no more than such other period of time before the application for registration as may be prescribed as the period of validity of the certificate by or under any other provision of this Act for the purposes of that provision.

Cost of inspections

5.1(6)      The fee chargeable for performing an inspection required under subsection (2) shall not exceed the maximum fee prescribed by the regulations.

Offence and penalty

5.1(7)      Any person who

(a) not being a qualified mechanic, issues a certificate required under subsection (2);

(b) issues a certificate required under subsection (2), knowing that it is false or misleading or that it misrepresents or fails to disclose a material fact; or

(c) submits a certificate under subsection (2), knowing that it was issued by a person who is not a qualified mechanic or that it is false or misleading or that it misrepresents or fails to disclose a material fact;

is guilty of an offence and liable on summary conviction to a fine of not more than $5,000.00.

Cancellation of registration

5.1(8)       Where the registrar registers a motor vehicle upon the submission of a certificate under subsection (2) but subsequently finds

(a) that the certificate was issued by a person who is not a qualified mechanic; or

(b) that the certificate is false or misleading or that it misrepresents or fails to disclose a material fact;

the registrar may cancel the registration, and the cancellation is in addition to any penalty that may be imposed under subsection (7).

4           Subsection 319(1) is amended by adding the following after clause (aaaa):

(bbbb) prescribing the form and content of the certificates required under section 5.1;

(cccc) prescribing the maximum fee that may be charged for an inspection required under section 5.1.

Coming into force

5(1)        This Act, except sections 3 and 4, comes into force on the day it receives royal assent.

Coming into force: sections 3 and 4

5(2)        Sections 3 and 4 come into force on January 1, 1995.