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The Highway Traffic Amendment Act (2)

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S.M. 1995, c. 31

The Highway Traffic Amendment Act (2)

(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           Subsection 1(1) is amended by adding the following definitions in alphabetical order:

"medical review committee" means the medical review committee established under subsection 157(4); (« comité d'étude des dossiers médicaux »)

"recognized agency" means

(a) The Addictions Foundation of Manitoba, or

(b) any other agency or person engaged in the diagnosis and treatment of persons suffering from alcoholism or drug addiction and approved by the registrar; (« organisme reconnu »)

3(1)        Subsection 4.12(1) as enacted by S.M. 1994, c. 4 s. 3 is renumbered as subsection 4.12(1.1) and the following is added as subsection 4.12(1):

Definition

4.12(1)     In this section, "registration" means registration by registration card.

3(2)        Subsection 4.12(2) as enacted by S.M. 1994, c. 4 s.3 is repealed and the following is substituted:

Inspection certificate required for registration

4.12(2      ) If

(a) a motor vehicle not previously registered is transferred from one person to another; or

(b) a motor vehicle has been transferred from one person to another since its last registration;

no registration shall be issued for the motor vehicle unless the applicant for registration files with the registrar a certificate of inspection for the vehicle in accordance with this section.

3(3)         The following is added after subsection  4.12(4) as enacted by S.M. 1994, c. 4 s. 3:

Inspections certificates from other jurisdictions

4.12(4.1)   Notwithstanding subsection (4), the applicant for registration of a motor vehicle that on the date of application is not required by regulation to be inspected periodically may file a certificate of inspection that was issued for the vehicle, and is currently valid, under the laws of a jurisdiction outside Manitoba if the certificate of inspection is substantially similar to a certificate of inspection under clause (4)(a), (b) or (c), and the motor vehicle

(a) has not been previously registered; or

(b) was last registered under the laws of a jurisdiction outside Manitoba.

4           Subsection 4.31(1) is amended

(a) by repealing clause (l), as enacted by S.M. 1994, c. 4 s. 3, and substituting the following:

(l) respecting inspections and the issue of certificates of inspection and prescribing the form and content of certificates for the purpose of clause 4.12(4)(a);

(b) by striking out "required" in clause (m), as enacted by S.M. 1994, c. 4 s. 3;

(c) by adding the following after clause (m):

(m.1) prohibiting the registration of a motor vehicle that immediately before registration was registered under the laws of a jurisdiction outside Manitoba unless the vehicle and its equipment have been inspected and a certificate of inspection is filed with the registrar;

(m.2) in relation to a regulation made under clause (m.1),

(i) respecting

(A) the types of certificates issued under the laws of a jurisdiction outside Manitoba that may be filed, and

(B) inspections of vehicles and equipment in Manitoba and the issue of certificates of inspection, and

(ii) prescribing the form and content of the certificates referred to in paragraph (i)(B) and the maximum fee that may be charged for an inspection made in respect of a certificate;

5           Subsection 20(9) is repealed and the following is substituted:

Regulations

20(9)       The Lieutenant Governor in Council may make regulations

(a) respecting inspections and the issue of certificates of inspection under this section; and

(b) prescribing the form and content of certificates to be furnished under this section.

6(1)        Clause 24(6)(b) is amended by striking out "or" and substituting ", the medical review committee or the".

6(2)        Subsection 24(9) is amended

(a) by adding the following after clause (b):

(b.1) a driver's licence of any class of licence or a permit to a person who is not a resident of Manitoba unless that person is exempted by the regulations;

(b) by repealing subclause (c)(iv) and substituting the following:

(iv) to a person who has a disease or disability that may be expected to interfere with the safe operation of a motor vehicle that may be operated with a licence of the class of licence or permit applied for,

except as permitted under this Act, or

7(1)        Subsection 27(6) is amended by striking out "physical disability that would be likely to cause the driving by him of a motor vehicle to be a source of danger to the public" and substituting "disability that may be expected to interfere with the safe operation of a motor vehicle that may be operated with the class of licence applied for".

7(2)        Subsection 27(7) is repealed.

7(3)        Subsections 27(8) and (9) are repealed and the following is substituted:

Refusal of licence to incompetent

27(8)       Subject to subsection (9.1), if, from the declaration of an applicant, a driver's examination or otherwise, the registrar is satisfied that  a person is not competent to drive a motor vehicle, the registrar may, by serving a written notice, refuse to issue a licence or permit to the person or may cancel the person's licence or permit.

Service of certain notices

27(9)       A notice under subsection (8) shall be served on the person

(a) personally; or

(b) by mailing it by registered mail addressed to the person at his or her last known address as shown in the records maintained by the registrar, in which case there is a rebuttable presumption that it was received by the person.

Examination of applicant

27(9.1)     A person to whom a licence or permit has been refused, or whose licence has been cancelled under subsection (8), and who requests an examination as to his or her competency shall be entitled to such an examination.

When person passes examination

27(9.2      ) The registrar shall issue a licence or permit to a person who passes an examination requested under subsection (9.1) if the person is otherwise entitled to a licence or permit under this Act.

When person does not pass examination

27(9.3)     A person who does not pass the examination requested under subsection (9.1) is not entitled to take another examination as to his or her competency without the consent of the registrar.

8            Section 28 is repealed and the following is substituted:

Medical report required

28(1)       The registrar may, by serving a written notice, require an applicant for, or the holder of, a licence of any class of licence or permit

(a) to be examined by, and to provide a report to the registrar from,

(i) a duly qualified medical practitioner,  optometrist or other expert as to whether the person has a disease or disability that may be expected to interfere with the safe operation of a motor vehicle that may be operated with the class of licence or permit  applied for or held, or

(ii) a recognized agency as to whether the person has a disease or disability in the form of alcoholism or drug addiction or an alcohol or drug-related problem that may be expected to interfere with the safe operation of a motor vehicle that may be operated with the class of licence or permit applied for or held; and

(b) if the registrar considers it advisable, to be examined again by, and to provide a further report from, a person described in clause (a).

Content of notice under subsection (1)

28(2)       A notice under subsection (1) shall specify what report is required and from whom and the day by which it is to be provided.

Temporary suspension

28(3)       At the time a notice under subsection (1) is served, or at any time after that, the registrar may, by serving a written notice, suspend a person's licence or permit or a person's right to have a licence or permit, or both, until the person provides the report or reports required under subsection (1) and thereafter until the registrar takes action under subsection (7) or (8).

Content of notice under subsection (3)

28(4)       A notice under subsection (3) shall specify the action taken by the registrar and state that it is effective until the registrar takes further action under subsection (7) or (8).

When all reports not provided

28(5        ) If a person, other than a person served with a notice under subsection (3), does not provide each report required under subsection (1) within the time specified in the notice or any extension of time given by the registrar, the registrar may do one or more of the following by serving a written notice on the person:

(a) suspend the person's right to have a licence or permit;

(b) cancel the person's licence or permit;

(c) issue a lower class of licence to the person under subsection 31(12).

No appeal

28(6)       Notwithstanding anything in this Act, no appeal lies from a suspension under subsection  (3) or from an action of the registrar under clause (5)(a), (b) or (c).

When report indicates no disease etc.

28(7)       When a person provides the report or reports required under subsection (1), and they indicate that the person does not have a disease or disability, including a disease or disability in the form of alcoholism or drug addiction or an alcohol or drug-related problem, that may be expected to interfere with the safe operation of a motor vehicle that may be operated with the class of licence or permit applied for or held, the registrar shall do one or more of the following:

(a) terminate the suspension of the person's licence or permit or of the person's right to have a licence or permit under subsection (3);

(b) terminate the suspension of the person's right to have a licence or permit under clause (5)(a);

(c) reinstate a licence or permit cancelled under clause (5)(b);

(d) if a lower class of licence was issued to a person under clause (5)(c), issue a licence of the original class to the person.

When report indicates disease etc.

28(8)       If a person provides the report or reports required under subsection (1), and they indicate that the person has a disease or disability, including a disease or disability in the form of alcoholism or drug addiction or an alcohol or drug-related problem, that may be expected to interfere with the safe operation of a motor vehicle that may be operated with the class of licence or permit applied for or held, the registrar shall do one or more of the following:

(a)  suspend the person's right to have a licence or permit by serving written notice on him or her;

(b) cancel the person's licence or permit by serving a written notice on him or her;

(c) issue a licence or permit with restrictions as provided in subsection 24(6);

(d) issue a lower class of licence to the person under subsection 31(12);

(e) require the person to take such steps in relation to an action under clause (c) or (d) as the registrar considers appropriate in the circumstances.

Service of certain notices

28(9)       A notice under subsection (3) or (5) or clause (8)(a) or (b) shall be served on the applicant or holder

(a) personally; or

(b) by mailing it by registered mail addressed to the person at his or her last known address as shown in the records maintained by the registrar, in which case there is a rebuttable presumption that it was received by the applicant or holder.

Service of other notices

28(10)      The registrar may give such notice in respect of an action under subsection (1) or clause (8)(c), (d) or (e) as the registrar considers appropriate.

Appeal to medical review committee

28.1        A person may in the form required by the registrar appeal the action of the registrar under subsection 28(8) in respect of the person's licence or permit to the medical review committee.

No action against doctor, optometrist or agency etc.

28.2        No action lies

(a) against a duly qualified medical practitioner,  optometrist or other expert or against a recognized agency or an employee or agent of a recognized agency for any injury or damage suffered as a result of a report provided by the person or agency under subsection 28(1); or

(b) against a recognized agency or an employee or agent of a recognized agency for any injury or damage suffered as a result of an assessment provided by the person or agency under section 28.3.

9           Subsection 29(2) is repealed.

10(1)       Subsection 31(3) is amended in the part preceding clause (a) by striking out "or the regulations".

10(2)       Subsection 31(8) is amended by striking out everything after clause (b).

10(3)       Subsection 31(13) is renumbered as section 28.3.

10(4)       Subsection 31(14) is repealed.

11(1)       Subsection 157(1) is amended

(a) by striking out "medical condition" wherever it occurs and substituting "disease or disability"; and

(b) by striking out everything after "in the opinion of the duly qualified medical practitioner or optometrist," and substituting "has a disease or disability that may be expected to interfere with the safe operation of a motor vehicle that may be operated with the class of licence or permit held by the person."

11(2)       The part of subsection 157(4) preceding clause (a) is repealed and the following is substituted:

Medical review committee established

157(4)      There is established a medical review committee consisting of at least five members who shall be appointed by the minister and who shall include

11(3)       Subsection 157(4.1) is repealed.

11(4)       The following is added after subsection 157(4.1):

Function of medical review committee

157(4.2)    The medical review committee shall hear and determine appeals under section 28.1.

Quorum

157(4.3)    A quorum of the medical review committee is three members.

12          Clause 174(1)(b) is repealed and the following is substituted:

(b) who has a disease or disability that may be expected to interfere with the safe operation of a motor vehicle that may be operated with the class of licence or permit held by the person.

13          Section 269 is repealed and the following is substituted:

Cancellation of licences etc. when cheque dishonoured

269(1)      When a cheque given in payment of

(a) a fee prescribed by regulation; or

(b) a premium, additional premium, surcharge or other amount prescribed by regulation under The Manitoba Public Insurance Corporation Act;

is dishonoured, the registrar may, until the indebtedness is paid, do one or more of the following:

(c) suspend the person's licence or permit or the registration of any vehicle registered in the person's name;

(d) suspend the person's right to have a licence or permit or to register any vehicle;

(e) refuse to issue a licence or permit to the person or to register any vehicle in the person's name.

Indebtedness to registrar or M.P.I.C.

269(2)      When a person is indebted for

(a) a fee prescribed by regulation;

(b) a premium, additional premium, surcharge or other amount prescribed by regulation under The Manitoba Public Insurance Corporation Act;

(c) payment of benefits or insurance money or the assumption of liability for payment of benefits or insurance money by the Manitoba Public Insurance Corporation;

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

(d) suspend the person's licence or permit or the registration of any vehicle registered in the person's name;

(e) suspend the person's right to have a licence or permit or to register any vehicle;

(f) refuse to issue a licence or permit to the person or to register any vehicle in the person's name.

Payment of indebtedness

269(3)      When a person in respect of whom the registrar has taken action under subsection (1) or (2) or under subsection 55.1(2) of The Off-Road Vehicles Act applies for a licence or permit or for registration of a vehicle,

(a) the registrar may deny the application unless the applicant pays all

(i) the fees, premiums, additional premiums,  surcharges and other amounts and the indebtedness for benefits, insurance money and the assumption of liability for payment of benefits and insurance money referred to in subsections (1) and (2), and

(ii) any indebtedness referred to in subsection 55.1(1) of The Off-Road Vehicles Act; and

(b) if the payment made with the application is not sufficient to pay all of the amounts described in clause (a), the registrar

(i) may apply the payment, firstly, toward any indebtedness to the registrar in the order in which the indebtedness was incurred and, secondly, toward payment of any indebtedness to The Manitoba Public Insurance Corporation in the order in which the indebtedness was incurred, and

(ii) subject to The Financial Administration Act, shall refund any balance to the applicant.

14          Section 306 is amended by adding "and" at the end of clause (b), by striking out "and" at the end of clause (c) and by repealing clause (d).

15          Subsection 319(1) is amended

(a) by repealing clauses (s), (qq) and (uu); and

(b) by adding the following after clause (aaaa):

(bbbb) defining a person resident in Manitoba or establishing rules for determining who is a person resident in Manitoba for the purpose of clause 24(9)(b.1) and exempting persons from the requirement to be a person resident in Manitoba.

S.M. 1994, c. 4 s. 5(5) repealed

16          Subsection 5(5) of The Highway Traffic Amendment and Consequential Amendments Act is repealed.

Coming into force

17(1)       This Act, except sections 3, 4, 5 and 16,  comes into force on a day fixed by proclamation.

17(2)       Sections 3, 4, 5 and 16 come into force on July 1, 1995 and in the event that this Act receives royal assent after that date, sections 3, 4, 5 and 16 are retroactive and are deemed to have come into force on July 1, 1995.