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The Highway Traffic Amendment, Summary Convictions Amendment and Consequential Amendments Act

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If you need an official copy, contact Statutory Publications.

S.M. 1997, c. 57

THE HIGHWAY TRAFFIC AMENDMENT, SUMMARY CONVICTIONS AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


 

(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(1)      The Highway Traffic Act is amended by this section.

1(2)      Subsection 1(1) is amended

(a) in the definition "crosswalk" in the English version, by striking out "in an intersection" in clauses (a) and (b) and substituting "at an intersection";

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

"image capturing enforcement system" means an image capturing enforcement system approved by the regulations; (« système d'application du Code par la saisie d'images »)

(c) by repealing the definition "intersection" and substituting the following:

"intersection" means the area embraced within the prolongation or connection of

(a) the lateral curb lines, or

(b) if there are no lateral curb lines, the exterior edges of the roadways,

of two or more highways which join one another at an angle, whether or not one highway crosses the other; (« intersection »)

1(3)      The following is added after section 4.25:

Obstruction of number plate

4.25.1    No person shall operate a vehicle on a highway if any number plate required to be displayed on the vehicle is obstructed by a device that prevents or is capable of preventing the numbers or letters from being accurately captured by an image capturing enforcement system.

1(4)      Section 229 is repealed and the following is substituted:

Definition of "owner"

229(1)    In this section, "owner" of a motor vehicle

(a) in the case of a registered motor vehicle, means the person to whom a registration card is issued whose number corresponds to the number of the number plate displayed on the motor vehicle; and

(b) in the case of an unregistered motor vehicle, means the person who held the last registration card whose number corresponds to the number of the number plate displayed on the motor vehicle;

unless the person proves to the satisfaction of the judge or justice that the number plate displayed on the motor vehicle was so displayed without his or her consent.

Owner offence

229(2)    The owner of a motor vehicle that is involved in a contravention of this Act or a regulation or a rule or by-law made by a traffic authority under subsection 90(1) is guilty of an offence to which the driver or a person having care, charge or control of a motor vehicle is subject unless the owner proves to the satisfaction of the judge or justice that at the time of the offence the motor vehicle was in the possession of another person without the express or implied consent of the owner.

Owner not guilty when driver is guilty

229(3)    An owner is not guilty of an offence under subsection (2) in relation to an occurrence if the owner satisfies the justice that the driver of the motor vehicle, being a person other than the owner, was convicted of the offence in relation to the same occurrence.

Owner penalty

229(4)    An owner who is guilty of an offence under subsection (2) is liable to the penalty to which the owner or person having care, charge or control is subject except that the owner is not liable to imprisonment.

Limitation

229(5)    No proceedings against an owner may be instituted for an offence under subsection (2) after the expiry of the time for instituting proceedings against the driver or the person having care, charge or control of the motor vehicle.

Application of subsections (2) and (3)

229.1(1)  Subsections (2) and (3) apply to proceedings that

(a) are commenced by offence notice under The Summary Convictions Act relating to an alleged offence under subsection 88(7), (8) or (9) (red light offences) or clause 134(b) or (c) (railway crossing offences); and

(b) are based on evidence obtained through the use of an image capturing enforcement system.

Service of copy of image with offence notice

229.1(2)  A reproduction on paper of an image from an image capturing enforcement system shall be served with the summons part of the offence notice.

Intention to challenge evidence of system or ownership

229.1(3)  A person who gives notice under The Summary Convictions Act of his or her intention to plead not guilty shall indicate that he or she intends to challenge the evidence of the image capturing enforcement system or of the person who used the evidence of the image capturing enforcement system to identify the owner of the motor vehicle involved in the alleged offence, or both,

(a) in the form required by the justice, if the person gives notice of his or her intention to plead not guilty by attending at the court location specified on the summons part of the offence notice; or

(b) on the summons part of the offence notice if the person gives notice of his or her intention to plead not guilty by forwarding the summons part of the offence notice to the court location specified on the summons part of the offence notice.

1(5)      The following is added after section 257:

Image capturing enforcement system evidence

257.1(1)  A reproduction on paper of an image obtained through the use of an image capturing enforcement system is admissible in evidence in a proceeding commenced by offence notice under The Summary Convictions Act relating to an alleged offence under subsection 88(7), (8) or (9) (red light offences) or clause 134(b) or (c) (railway crossing offences) if the reproduction

(a) shows the motor vehicle and the number plate displayed on the motor vehicle; and

(b) displays, or has appended to it, the information prescribed by regulation relating to subsection 88(7), (8) or (9) or clause 134(b) or (c).

Use of reproduction at trial

257.1(2)  In the absence of evidence to the contrary, a reproduction described in subsection (1) is proof, in relation to the motor vehicle, of the number plate displayed on the motor vehicle and of the information displayed on the reproduction or appended to it.

Appointment of tester

257.2(1)  The minister may appoint persons by name, title or office as testers to test image capturing enforcement systems or types of image capturing enforcement systems.

Tester's certificate as evidence

257.2(2)  In any prosecution under subsection 88(7), (8) or (9) or clause 134(b) or (c) commenced by offence notice under The Summary Convictions Act and based on evidence obtained through the use of an image capturing enforcement system, a certificate

(a) stating the result of the test or tests of the image capturing enforcement system identified in the certificate;

(b) stating that the test or tests were conducted at a specified time that is within the time prescribed in the regulations before or after the date of the offence charged; and

(c) purporting to be signed by a tester who is appointed by the minister to test image capturing enforcement systems of the type identified in the certificate;

shall be admitted in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the certificate without proof of the signature or appointment as tester of the person signing the certificate.

Appointment of authorized persons

257.3(1)  The minister may appoint persons by name, title or office who are authorized to complete certificates under subsection (2).

Certificate as evidence of approved system

257.3(2)  In any prosecution under subsection 88(7), (8) or (9) or clause 134(b) or (c) commenced by offence notice under The Summary Convictions Act and based on evidence obtained through the use of an image capturing enforcement system, a certificate

(a) stating that an image capturing enforcement system used to obtain evidence of an offence alleged to have been committed on a specific date was on that date an image capturing enforcement system approved by the regulations; and

(b) purporting to be signed by a person  appointed by the minister under subsection (1);

shall be admitted in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the certificate without proof of the signature or appointment as tester of the person signing the certificate.

1(6)      Subsection 319(1) is amended by adding the following after clause (bbbb):

(cccc) approving image capturing enforcement systems;

(dddd) prescribing, for the purpose of subsection 257.1(1), information to be displayed on or appended to a reproduction on paper of an image obtained through the use of an image capturing enforcement system or any specified image capturing enforcement system relating to an alleged offence under subsection 88(7), (8) or (9) or clause 134(b) or (c);

(eeee) prescribing a time for the purpose of clause 257.2(2)(b).

C.C.S.M. c. S230 amended

2(1)       The Summary Convictions Act is amended by this section.

2(2)      Section 1 is amended by adding the following definition in alphabetical order:

"image capturing enforcement system" means an image capturing enforcement system as defined in The Highway Traffic Act; (« système d'application du Code par la saisie d'images »)

2(3)      Section 5 is repealed.

2(4)      Subsection 16(5) is repealed and the following is substituted:

Filing information part of offence notice

16(5)     The information part of an offence notice shall be filed with a justice in the court office specified on the information part of the offence notice before the first appearance date shown on the information part of the offence notice.

2(5)      Subsection 16(6) is amended

(a) in the English version by striking out "depositing" and substituting "filing";  and

(b) by striking out "registered" in the section heading and in the subsection.

2(6)      Section 30 is amended

(a) by repealing clause (a) and substituting the following:

(a) prescribing forms of offence notice for use under this Act;

(b) in clause (c), by adding ", including different fines and costs that are applicable in respect of an offence under subsection 88(7), (8) or (9) or clause 134(b) or (c) of The Highway Traffic Act when the offence is based on evidence obtained through the use of an image capturing enforcement system" after "subsection 13(3)"; and

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

(d.1) respecting the electronic creation, completion, signing, identifying, filing, storage or reproduction of offence notices in proceedings relating to an alleged offence under subsection 88(7), (8) or (9) or clause 134(b) or (c) of The Highway Traffic Act that is based on evidence obtained through the use of an image capturing enforcement system;

Consequential Amendment, C.C.S.M. c. P215

3         The following is added after subsection 33(3) of The Manitoba Public Insurance Corporation Act:

Application of regulations under clause (1)(h)

33(4)     A regulation made under clause (1)(h) does not apply in relation to an offence under subsection 88(7), (8) or (9) (red light offences) or clause 134(b) or (c) (railway crossing offences) of The Highway Traffic Act that is based on evidence obtained through the use of an image capturing enforcement system as defined in that Act.

Coming into force

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