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The Highway Traffic Amendment (Miscellaneous Provisions) Act

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If you need an official copy, contact Statutory Publications.

S.M. 1996, c. 26

THE HIGHWAY TRAFFIC AMENDMENT (MISCELLANEOUS PROVISIONS) ACT


 

(Assented to November 19, 1996)

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 repealing the definition "emergency vehicle" and substituting the following:

"emergency vehicle" means

(a) a vehicle used by a police force,

(b) a vehicle used by a fire department,

(c) a vehicle used by an ambulance service,

(d) an authorized emergency vehicle,

(e) a vehicle used to respond to emergencies and operated under the authority of a government emergency organization,

(f) a vehicle used for the purpose of maintaining a public utility and designated as an emergency vehicle by a traffic authority, or

(g) a vehicle not ordinarily used for emergency purposes that is operated by a volunteer, part-time or on-call fire-fighter or emergency medical responder for the purpose of responding to a fire, medical or other emergency; (« véhicule d'urgence »)

(b) by adding the following definitions in alphabetical order:

"ambulance service" means an ambulance service licensed under The Ambulance Services Act; (« service d'ambulance »)

"authorized emergency vehicle" means a vehicle used for fire-fighting or rescue purposes by an organization, other than the government or a municipality, local government district or other local authority, that

(a) operates the vehicle primarily for its own use, and

(b) is authorized in writing by the registrar for the purpose of this clause; (« véhicule d'urgence autorisé »)

"government emergency organization" means the Fire Commissioners Office, the Manitoba Emergency Measures Organization or the Emergency Health Unit of the Department of Health; (« organisme d'urgence gouvernemental »)

"vehicle used by a police force" includes a vehicle owned or leased by the government and used by a person employed by the government as a peace officer for the enforcement of an Act or regulation of the Parliament of Canada or the Legislature; (« véhicule utilisé par un service de police »)

3         Subsection 2(4) is repealed.

4(1)      Subsection 37(6) is amended in the part preceding clause (a) by striking out "clauses 38(1)(a) and (b)" and substituting "subsection 38(1)".

4(2)      Subsection 37(7) is amended in the part following clause (b) by striking out "clause 38(1)(c)" and substituting "subsection 38(1)".

5(1)      Subsection 38(1) is amended by repealing the part preceding clause (a) and substituting the following:

Prohibited lamps

38(1)     Except as otherwise provided in this Act, the regulations or the Motor Vehicle Safety Act (Canada), or when authorized by permit under subsection 37(6) or (7), a motor vehicle on a highway shall not be equipped with

5(2)      Subsections 38(3) to (5) are repealed.

6         The following is added after section 38:

LIGHTING EQUIPMENT ON EMERGENCY VEHICLES

Vehicles used by police forces

38.1(1)   An emergency vehicle that is used by a police force shall be equipped with at least one of the following:

(a) white alternating flashing headlamps;

(b) one or more rotating, oscillating, pulsating or flashing red or red and blue lamps, alone or in combination with a white rotating, oscillating, pulsating or flashing lamp;

(c) one or more amber lamps on the roof or rear of the vehicle that light intermittently or in flashes.

Vehicles used by fire departments etc.

38.1(2)   An emergency vehicle that is used by a fire department, that is an authorized emergency vehicle or that is a vehicle used to respond to emergencies and operated under the authority of a government emergency organization shall be equipped with at least one of the following:

(a) white alternating flashing headlamps;

(b) one or more rotating, oscillating, pulsating or flashing red lamps, alone or in combination with a white rotating, oscillating, pulsating or flashing lamp;

(c) one or more amber lamps on the roof or on the rear of the vehicle that light intermittently or in flashes;

(d) one or more red lamps on the side or rear of the vehicle that light intermittently or in flashes.

Vehicle used by an ambulance service

38.1(3)   An emergency vehicle that is a vehicle used by an ambulance service shall be equipped with at least one of the following:

(a) white alternating flashing headlamps;

(b) one or more rotating, oscillating, pulsating or flashing red or red and white lamps, alone or in combination with a white rotating, oscillating, pulsating or flashing lamp;

(c) one or more amber lamps on the roof or on the rear of the vehicle that light intermittently or in flashes;

(d) one or more red lamps on the side or rear of the vehicle that light intermittently or in flashes.

Lamp on roof of vehicle not ordinarily used for emergency purposes

38.1(4)   An emergency vehicle that is a vehicle not ordinarily used for emergency purposes that is driven by a volunteer, part-time or on-call fire-fighter or emergency medical responder and is responding to a fire, medical or other emergency is permitted to be equipped with a red rotating, oscillating, pulsating or flashing lamp on the roof only while the vehicle is being used to respond to the emergency.

Lamp on dash of vehicle not ordinarily used for emergency purposes

38.1(5)   An emergency vehicle that is a vehicle not ordinarily used for emergency purposes that is driven by a volunteer, part-time or on-call fire-fighter or emergency medical responder for the purpose of responding to a fire, medical or other emergency may be equipped with a red rotating, oscillating, pulsating or flashing lamp on the dash.

Lamp to be covered except during emergency response

38.1(6)   When a vehicle described in subsection (5) is equipped with a red rotating, oscillating, pulsating or flashing lamp on the dash, the lamp shall be covered so as to obscure it except when the vehicle is driven by a volunteer, part-time or on-call fire-fighter or emergency medical responder while responding to a fire, medical or other emergency.

Certain utility vehicles

38.1(7)   A vehicle owned by Manitoba Hydro, The Manitoba Telephone System or The City of Winnipeg that is equipped or designed for overhead wire construction or repair work may be equipped with one or more amber lamps that rotate, oscillate, pulsate, flash or light intermittently.

Spot or flood lamps permitted

38.2      A vehicle described in subsection 38.1(1), (2), (3) or (7) may be equipped with one or more spot or flood lamps.

7         Subsection 44(2) is repealed and the following is substituted:

Sirens

44(2)     Subject to subsection (3), no vehicle shall be equipped with a siren or any device that is capable of producing a sound that resembles that of a siren.

Exception

44(3)     Subsection (2) does not apply to an emergency vehicle that is

(a) used by a police force;

(b) used by a fire department;

(c) used by an ambulance service;

(d) an authorized emergency vehicle; or

(e) a vehicle used to respond to emergencies and operated under the authority of a government emergency organization.

8         Section 78 is repealed.

9(1)      The following is added after subsection 88(1):

Exception for separate signal assembly for left turn

88(1.1)    Notwithstanding anything in this section, when there is a signal assembly at an intersection for the left turn movement of vehicles that is separate from the signal assembly for the through and right turn movement of vehicles, the driver of a vehicle at or approaching the intersection and intending to turn left shall obey the instructions of the traffic control device governing the left turn movement of vehicles only.

9(2)      Subsection 88(5) is amended by adding "or arrow"

(a) in the section heading, after "light";

(b) in the part preceding clause (a), after "amber traffic control light";

(c) in clause (a), after "facing the light";

(d) in subclause (b)(i), after "facing the light"; and

(e) in subclause (b)(ii), in the part preceding paragraph (A), after "light".

9(3)      Subclause 88(9)(a)(i) is repealed and the following is substituted:

(i) may enter the intersection to make only

(A) the movement indicated by the arrow, or

(B) a U-turn if the green arrow indicates a left turn and there is no traffic control device prohibiting the movement, and

9(4)      Subsection 88(15) is amended in the part preceding clause (a) by adding "in a steady or flashing mode" after "pedestrian control signal".

9(5)      Subclause 88(17)(a)(ii) is repealed and the following is substituted:

(ii) may proceed through the intersection to make

(A) a left turn, or

(B) subject to a traffic control device prohibiting any such movement, a U-turn, and

9(6)      The following is added after subsection 88(19):

Red traffic control light with transit priority signal

88(20)    When a red traffic control light in conjunction with a transit priority signal is shown at an intersection by a traffic control signal,

(a) the driver of a public transit vehicle at or approaching the intersection may enter the intersection and

(i) shall yield the right-of-way to other traffic lawfully within the intersection or within an adjacent crosswalk at the time the light is shown, and

(ii) the driver of any other vehicle at or approaching the intersection and facing the light shall not enter the intersection until a traffic control light permitting him to do so is shown; and

(b) a pedestrian

(i) facing the light shall not begin to cross the roadway until a pedestrian control signal or traffic control light permitting him to do so is shown, and

(ii) if proceeding across, and still in, the roadway and facing such a traffic control light that begins to be displayed after he entered the roadway,

(A) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and

(B) has a right-of-way for that purpose over vehicles.

10        Clause 90(1)(e) is amended by adding "including pedestrian corridors" after "traffic".

11        Clauses 93(2)(a) and (b) are repealed.

12(1)     Subsection 106(1) is amended by repealing everything preceding clause (c) and substituting the following:

Operation of emergency vehicles

106(1)    Notwithstanding anything in this Part, but subject to subsections (2), (3) and (4),

(a) the driver of an emergency vehicle;

(b) a peace officer driving a vehicle;

(b.1) the driver of any vehicle

(i) who is accompanied by a peace officer or is driving a vehicle that is escorted by a vehicle driven by a peace officer, or

(ii) that is carrying first aid or rescue equipment;

when responding to an emergency or when in pursuit of an actual or suspected violator of the law, may

12(2)     Clauses 106(2)(a) and (b) are repealed and the following is substituted:

(a) the driver is sounding the horn or siren; and

(b) if the vehicle is an emergency vehicle, it is equipped with lighting that complies with section 38.1 for that type of emergency vehicle and the lighting is illuminated.

12(3)     Clause 106(3)(b) is amended by striking out "call or alarm".

12(4)     Subsections 106(5) and (6) are repealed.

12(5)     Subsection 106(7) is repealed and the following is substituted:

Prohibitions re use of sirens and emergency lighting

106(7)    Subject to subsection (2), the driver of an emergency vehicle on a highway shall not sound the siren or illuminate any of the forms of lighting described in section 38.1 unless the vehicle is responding to an emergency or is in pursuit of an actual or suspected violator of the law.

Exception to subsection (7)

106(7.1)  Subsection (7) does not apply to

(a) a vehicle used by a peace officer in connection with the exercise of his or her powers under section 76 or 76.1;

(b) an emergency vehicle used in a parade, special event or in a public demonstration of the use of its equipment.

13        The following is added after subsection 122(1):

When parking permitted in intersection, crosswalk etc.

122(1.1)  Notwithstanding clauses (1)(c), (e) and (f), a person may park a vehicle next to the edge or curb of a "T" intersection when a traffic authority permits and there is a traffic control device displayed that permits parking.

Definition

122(1.2)  In subsection (1.1), "'T' intersection" means an intersection formed when two highways join one another at an angle but do not cross.

14         Section 132 is repealed and the following is substituted:

Emergency vehicles to have right-of-way

132       Unless otherwise directed by a peace officer, a driver of a vehicle on a highway shall, on the immediate approach of an emergency vehicle that is sounding its siren and has illuminated the lighting required under section 38.1,

(a) yield the right-of-way to the emergency vehicle by immediately driving to a position parallel to and as close as possible to the curb of the roadway and clear of any intersection; and

(b) stop and remain stopped until the emergency vehicle has passed.

15(1)     Subsection 145(2.3) is amended by striking out "No person" and substituting "Subject to subsection (2.4), no person".

15(2)     The following is added after subsection 145(2.3):

Exception to subsection (2.3)

145(2.4)  Subsection (2.3) does not apply to a sidewalk that is marked by a traffic control device permitting the operation of a bicycle on the sidewalk.

16        Subsection 238(1) is repealed.

17        Section 239 is amended in the part following clause (c) by striking out "$100 and," and substituting "$500. and".

18        Subsection 264(1.1) is amended by striking out "354 or 430" and substituting "353, 354, 430 or 434".

Consequential amendment

19        If, during the second session of the 36th Legislature, Bill 37 entitled The Ambulance Services Amendment Act is assented to, the definition "ambulance service" in clause 2(b) of this Act is repealed, and the following definition is substituted:

"ambulance service" means an emergency medical response system licensed under The Emergency Medical Response Act; (« service d'ambulance »)

Coming into force

20(1)     This Act, except section 18 and 19, comes into force on royal assent.

Coming into force: section 18

20(2)     Section 18 comes into force on January 1, 1997.

Coming into force: section 19

20(3)     Section 19 comes into force on the day The Ambulance Services Amendment Act, Bill 37 of the second session of the 36th Legislature, comes into force.