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The Highway Traffic Amendment Act (2)

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If you need an official copy, contact Statutory Publications.

S.M. 1997, c. 38

THE HIGHWAY TRAFFIC AMENDMENT ACT (2)


 

(Assented to June 28, 1997)

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         Clause 28.2(b) is amended by adding "or 28.4" after "28.3".

3         The following is added after section 28.3:

Interpretation of section 265

28.4(1)   For the purposes of this section, a person's driver's licence is deemed not to have been suspended, and the person is deemed not to have been disqualified from operating a motor vehicle in Manitoba,  under section 265 in relation to an incident if his or her licence is suspended or he or she is disqualified from applying for or holding a driver's licence or from operating a motor vehicle under section 263.1 or 263.2 or he or she is convicted under 253, 254 or 255 of the Criminal Code (Canada) in relation to that incident.

Notice of alcohol assessment

28.4(2)   The registrar may serve a notice under subsection (3) on a person each time, after the first, that the person's driver's licence is suspended, or the person is disqualified from applying for or holding a driver's licence or from operating a motor vehicle, under section 265 in any three year period.

Content of notice

28.4(3)   A notice shall state

(a) that the person is required

(i) to provide to the registrar an impaired driver's assessment from a recognized agency within a specified period, and

(ii) if that agency considers it advisable, to complete successfully an educational or treatment program offered by a recognized agency within a further specified period; and

(b) that, if the person fails to meet any requirement of clause (a) within the specified period or any extension of the period approved by the registrar, the registrar may suspend the person's driver's licence and right to hold a driver's licence or may disqualify the person from applying for or holding a driver's licence and from operating a motor vehicle until he or she meets the requirement.

Suspension or disqualification

28.4(4)   The registrar may suspend a person's driver's licence and right to hold a driver's licence or may disqualify a person from applying for or holding a driver's licence and from operating a motor vehicle after the person fails to meet any requirement of the notice within the period specified in the notice or any extension of the period approved by the registrar, and the person's driver's licence and right to hold a driver's licence remains suspended or the person remains disqualified from applying for or holding a driver's licence and from operating a motor vehicle, as the case may be, until he or she meets the requirement.

4         Section 242.1 is amended by striking out "60 days" and substituting "90 days"

(a) in subsection (7.1); and

(b) in the part of subsection (7.4) following clause (c).

5         Section 265 is repealed and the following is substituted:

Screening device test: request to surrender licence

265(1)    When, on demand of a peace officer made under section 254 of the Criminal Code (Canada), a person provides a sample of his or her breath which, on analysis by an approved screening device as defined in that section, registers "Warn" or another word, letter or indication that the approved screening device is designed to register when calibrated as required under subsection (9), the peace officer shall request the person to surrender his or her driver's licence.

Breathalyzer test: request to surrender licence

265(2)    When, on demand of a peace officer made under section 254 of the Criminal Code (Canada), a person provides a sample of his or her breath which, on analysis by an instrument approved as suitable for the purpose of section 258 of the Criminal Code (Canada), indicates that the concentration of alcohol in the person's blood is 50 milligrams or more of alcohol in 100 millilitres of blood, the peace officer shall request the person to surrender his or her driver's licence.

Refusal to provide breath sample: request to surrender licence

265(3)    When a person is charged with an offence under section 254 of the Criminal Code (Canada) or any procedure is taken pending the laying of a charge under that section to assure the person's attendance in court on the charge, a peace officer shall request the person to surrender his or her driver's licence.

Duty to surrender licence

265(4)    Subject to subsection (5), on a request being made under subsection (1), (2) or (3), the person to whom the request is made shall immediately surrender any driver's licence he or she holds to the peace officer.

Exception for out-of-province licensee

265(5)    Subsection (4) does not apply to a person who holds a licence issued other than under this Act.

Suspension or disqualification for 24 hours

265(6)     If a person to whom a request was made under subsection (1), (2) or (3) holds a driver's licence

(a) issued in Manitoba, the driver's licence is suspended for 24 hours from the time the request is made; or

(b) issued other than under this Act, the person is disqualified from operating a motor vehicle in Manitoba for 24 hours from the time the request is made;

whether or not the person surrenders his or her driver's licence.

Disqualification for 24 hours

265(7)    If a person to whom a request was made under subsection (1), (2) or (3) does not hold a driver's licence, the person is disqualified from operating a motor vehicle for 24 hours from the time the request is made.

Second analysis

265(8)    When an analysis of the breath of a person is made under subsection (1), the person may require a further analysis to be performed in the manner provided in subsection (2), in which case the second analysis governs and any suspension or disqualification resulting from the analysis under subsection (1) continues or terminates accordingly.

Calibration of screening device

265(9)    For the purposes of subsection (1), an approved screening device shall not be calibrated to register "Warn" or another word, letter or indication that the approved screening device is designed to register when the concentration of alcohol in the blood of the person whose breath is analyzed is 50 milligrams or more of alcohol in 100 millilitres of blood, if the concentration of alcohol in the blood of the person whose breath is being analyzed is less than that amount.

Presumption respecting calibration

265(10)   It shall be presumed, in the absence of proof to the contrary, that any approved screening device used for the purposes of subsection (1) has been calibrated as required under subsection (9).

Duties of peace officer

265(11)   A peace officer who requests a person to surrender his or her driver's licence under this section shall

(a) make a written record of the date and time of the suspension or disqualification, the name and address of the person and, if known, the number of the person's driver's licence;

(b) if a driver's licence is surrendered,

(i) return the photo identification card portion to the licensee, and

(ii) give him or her a written receipt for the licence certificate portion and a written notice as to the place where it may be recovered;

(c) provide the person with a written statement that the length of the suspension or disqualification is 24 hours and of the time from which the suspension or disqualification takes effect;

(d) notify the registrar of the fact of the suspension or disqualification,  the name and address of the person and, if known, the number of the person's driver's licence; and

(e) if the vehicle is removed under subsection (14), notify the person of the location of the storage.

Return of licence

265(12)   On termination of a suspension or disqualification, any driver's licence surrendered under this section shall be returned without delay to the licensee except when the licensee is otherwise not eligible to hold a driver's licence.

Fee

265(13)   A person whose driver's licence is suspended or who is disqualified from applying for or holding a driver's licence or from operating a motor vehicle for a full period of 24 hours under this section shall pay the fee prescribed by regulation in relation to the suspension or disqualification.

Removal of vehicle

265(14)   A peace officer may remove and store the motor vehicle of any person whose driver's licence is suspended under this section and any trailer attached to the vehicle, or may cause the motor vehicle and any trailer attached to it to be removed or stored if the motor vehicle is at a place from which, in the opinion of the peace officer, it ought to be removed and there is no person available who may lawfully remove it.

Costs of removal and storage

265(15)   The costs and charges incurred in removing and storing a motor vehicle and any trailer under subsection (14) are a lien on the motor vehicle and trailer that may be enforced under The Garage Keepers Act by the person who moved or stored the motor vehicle and trailer at the request of the peace officer.

6         The following is added after section 273.2:

Definitions

273.3(1)  In this section,

"alternative measures" means alternative measures authorized under paragraph 717(1)(a) of the Criminal Code (Canada) in relation to the prescribed offence; (« mesures de rechange »)

"designated program official" means any person designated by the Attorney General as responsible for the administration of a program of alternative measures; (« administrateur désigné du programme »)

"prescribed offence" means the offence under subsection 213(1) of the Criminal Code (Canada) of doing any of the acts described in paragraph (a), (b) or (c) of that subsection in a public place or in any place open to public view for the purpose of obtaining the sexual services of a prostitute. (« infraction prescrite »)

Notice of possible action under subsection (5)

273.3(2)  When a person who is alleged to have committed the prescribed offence is to be dealt with by alternative measures, the designated program official shall give the person a written notice stating that, if the person does not comply totally with the terms and conditions of the alternative measures within the time specified in the notice or any extension of time given by the designated program officer, the registrar will take action under subsection (5) without further notice to the person.

Service of notice

273.3(3)  The notice shall be given to the person

(a) personally; or

(b) by registered or certified mail addressed to the person at his or her last known address as shown in the records of the registrar, and when so mailed, there is a rebuttable presumption that the notice was received by the person.

Notice to registrar of non-compliance

273.3(4)  When a person who is served with a notice under subsection (2) fails to comply totally with the terms and conditions of the alternative measures within the time specified in the notice or any extension of time given by the designated program officer, the designated program officer may give written notice of that fact to the registrar.

Registrar's action

273.3(5)  On receipt of a notice under subsection (4), the registrar shall, without notice to the person,

(a) suspend or cancel the person's driver's licence;

(b) refuse to issue a driver's licence to that person or to renew that person's driver's licence; or

(c) disqualify the person from applying for or holding a driver's licence and from operating a motor vehicle;

until the registrar receives a notice under subsection (6).

Later notice to registrar

273.3(6)  The designated program official shall, in relation to a person who is the subject of a notice under subsection (2), give written notice to the registrar when

(a) the person pleads guilty, is found guilty or is acquitted of the prescribed offence;

(b) there is a stay of proceedings against the person in relation to the prescribed offence; or

(c) the time for instituting a proceeding in relation to the prescribed offence has elapsed;

whichever first occurs.

7         Subsection 279(1.3) is amended

(a) by repealing the section heading and substituting "No appeal from action under s. 273.1 to 273.3"; and

(b) in the subsection, by striking out "or 273.2" and substituting ", 273.2 or 273.3".

8         The following is added after clause 319(1)(ddd):

(ddd.1) requiring and governing the fee for re-instating a driver's licence following its suspension or a person's right to hold a licence following his or her disqualification from applying for or holding a driver's licence or from operating a motor vehicle;

Coming into force

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