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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. 1995, c. 19

The Highway Traffic Amendment Act

(Assented to November 3, 1995)

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           The following is added after subsection 281(1.1):

Exception re certain p.s.v.'s

281(1.2)    On and after January 1, 1998,

(a) clauses (1)(c), (f), (j) and (m) do not apply to the operation of a public service vehicle that is used solely for the transportation of property; and

(b) clauses (1)(b), (g), (h) and (i) apply to the operation of a public service vehicle that is used solely for the transportation of property only to the extent that they relate to the safe condition of the vehicle and its equipment and to its safe operation.

3(1)        Subsections 290(2) and 290(2.1) are repealed and the following is substituted:

Issue of certificates

290(2)      The transport board may grant a certificate to an applicant for the operation of public service vehicles

(a) if the transport board finds, from the evidence and its consideration of the matter,  that the existing facilities for transportation are insufficient or that the public convenience will be promoted by the establishment or continuance from year to year of the proposed transportation service; and

(b) the applicant meets the criteria relating to fitness prescribed by the transport board.

Application of subsec. (2) on and after January 1, 1998

290(2.1)    On or after January 1, 1998, clause (2)(a) does not apply to the operation of a public service vehicle that is used solely for the transportation of property.

Commercial truck licence

290(2.2)    The registrar shall not issue a commercial truck licence in respect of a commercial truck that has a registered gross weight of 4500 kilograms or more unless the applicant meets the criteria relating to fitness prescribed by the transport board.

3(2)        The following is added after subsection 290(3.2):

Effect and application of subsec. (3) on and after January 1, 1996

290(3.3)    Notwithstanding subsection (3),

(a) no certificate that contains a condition with respect to any matter referred to in clause 281(1)(c) shall be issued on or after January 1, 1996 for a public service vehicle that is used solely for the transportation of property; and

(b) any condition with respect to any matter referred to in clause 281(1)(c) in a subsisting certificate issued for a public service vehicle that is used solely for the transportation of property ceases to have effect on December 31, 1995.

4           The following is added after section 290:

Application of s. 291 and 292: Jan. 1, 1996 to Dec. 31, 1997

290.1       Notwithstanding sections 291 and 292,

(a) any tariff of maximum tolls or fixed or minimum toll in effect on December 31, 1995 in respect of a public service vehicle that is used solely for the transportation of property ceases to have effect on that day; and

(b) in the period beginning on January 1, 1996 and ending on December 31, 1997, no tariff of maximum tolls shall be established or revised, and no fixed or minimum toll shall be prescribed, by the transport board in respect of any public service vehicle that is used solely for the transportation of property unless the transport board is satisfied that no alternative, effective, adequate and competitive means is available for the transportation of the property.

Application of s. 291 and 292 on and after Jan. 1, 1998

290.2       Notwithstanding sections 291 and 292,

(a) any tariff of maximum tolls or fixed or minimum toll in respect of any public service vehicle that is used solely for the transportation of property in effect on December 31, 1997 ceases to have effect on that day; and

(b) on and after January 1, 1998, no tariff of maximum tolls shall be established, and no fixed or minimum toll shall be prescribed, by the transport board in respect of a public service vehicle that is used solely for the transportation of property.

5           Section 292 is amended in the English version by striking out "prescribed" and substituting "prescribe".

6           The following is added after subsection 294(2):

Exception to subsection (2)

294(3)      Notwithstanding subsection (2), on and after January 1, 1998, a renewal of a certificate for a public service vehicle that is used solely for the transportation of property shall be given if the applicant meets the critieria relating to fitness prescribed by the transport board.

7           The following is added after subsection 300(4):

Exception to subsection (4)

300(4.1)    On and after January 1, 1998, subsection (4) does not apply in respect of a public service vehicle that is used solely for the transportation of property.

Coming into force

8           This Act comes into force on the day it receives royal assent.