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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. 1994, c. 25

The Highway Traffic Amendment Act

(Assented to July 5, 1994)

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2           Subsection 26(1.1) is repealed and the following is substituted:

Issuance of learner's licence to person under 16

26(1.1)     Notwithstanding clause 24(9)(a), the registrar may issue a learner's licence to operate a class 5 motor vehicle to a person

(a) who is less than 16 years but not less than 15 years and six months of age;

(b) who is enrolled as a student in a high school driver education course and has completed at least four hours of classroom instruction in that course; and

(c) whose right to have a licence is not subject to a suspension under subsection 264(1) or (1.1) that is to commence on the date of that person's 16th birthday.

3(1)        Subsection 31(6) is amended

(a) in the part preceding clause (a), by striking out "whose licence" and substituting "whose licence or right to have a licence"; and

(b) in the part following clause (b), by striking out "issue another licence" and substituting "issue a licence or another licence".

3(2)        Subsection 31(9) is amended by striking out "any further driver's licence" and substituting "issue a licence or any further licence".

4           Subsection 263(1) is amended by striking out "or section 249, 252, 253, 254, 255, 259 or 335 of the Criminal Code".

5(1)        Clause 264(1)(a) is repealed and the following is substituted:

(a) in the case of a first conviction, for a period of one year; and

5(2)        The following is added after subsection 264(1):

Automatic suspension for other offences

264(1.1)    The licence and the right to have a licence of a person who is convicted of an offence or an attempt to commit an offence under section 334, 335, 354 or 430 of the Criminal Code, committed in relation to a motor vehicle or any equipment that is permanently attached to a motor vehicle, is hereby suspended

(a) in the case of a first conviction, for a period of one year; and

(b) in the case of a second or subsequent conviction, for a period of 5 years.

Commencement of period of suspension

264(1.2)    A period of suspension imposed under subsection (1) or (1.1) commences on the later of

(a) the date of the conviction; and

(b) the date of the person's 16th birthday.

5(3)        Subsection 264(2) is amended by adding "or (1.1)" after "subsection (1)" wherever it occurs.

5(4)        Subsection 264(3) is amended

(a) by adding "or (1.1)" after "subsection (1)"; and

(b) by adding "or clause (1.1)(a) or (b)" after "clause (1)(a) or (b)".

5(5)        Subsection 264(15) is amended

(a) by adding "or (1.1)" after "mentioned in subsection (1)"; and

(b) by adding "or (1.1), as the case may be" after "prescribed by subsection (1)".

6           Section 266 is amended by adding "or (1.1), as the case may be" after "subsection 264(1)" wherever it occurs.

7           Subsection 279(1.1) is repealed and the following is substituted:

Certain persons not eligible to apply

279(1.1)    A person who is convicted of three or more of the offences referred to in subsections 264(1) and (1.1) committed within a five year period is not eligible to apply to the appeal board until the period of suspension or disqualification imposed in respect of the offences has expired.

Coming into force

8           This Act comes into force on a day fixed by proclamation.