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The Highway Traffic Amendment, Off-Road Vehicles Amendment and Consequential Amendments Act

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If you need an official copy, contact Statutory Publications.

S.M. 1999, c. 12

THE HIGHWAY TRAFFIC AMENDMENT, OFF-ROAD VEHICLES AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


 

(Assented to July 14, 1999)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

THE HIGHWAY TRAFFIC ACT

C.C.S.M. c. H60 amended

1         The Highway Traffic Act is amended by this Part.

2         Section 28.3 is repealed and the following is substituted:

Reinstatement of impaired persons

28.3      The registrar may require a person making application for a licence or permit

(a) whose licence or permit to drive has been suspended, or who has been disqualified from

(i) driving a motor vehicle, or

(ii) operating an off-road vehicle,

under section 263.1 or 263.2; or

(b) who has been convicted of an offence under section 253, 254 or 255 of the Criminal Code (Canada);

to provide to the registrar an impaired driver's assessment from a recognized agency and, if that agency considers it advisable, to complete successfully an educational or treatment program offered by a recognized agency.

3         Section 28.4 is amended

(a) by adding "or off-road vehicle" after "motor vehicle" wherever it occurs; and

(b) by adding the following after subsection (4):

No appeal

28.4(5)   Notwithstanding anything in this Act, no appeal lies from a suspension or disqualification under subsection (4).

4         The following is added after section 28.4:

When assessment indicates disease etc.

28.5(1)   If a person provides the assessment required under section 28.3 or 28.4, and it indicates 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, or with the safe operation of an off-road vehicle, 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;

(f) disqualify the person from operating an off-road vehicle by serving a written notice on him or her.

Appeal to medical review committee

28.5(2)   A person may in the form required by the registrar appeal the action of the registrar under subsection (1) in respect of the person's licence or permit to the medical review committee.

5         Subsection 157(4.2) is amended by adding "or subsection 28.5(2)" after "section 28.1".

6(1)      Subsection 225(1) is repealed and the following is substituted:

Driving motor vehicle while disqualified or prohibited

225(1)    No person shall drive a motor vehicle on a highway while

(a) the person's driver's licence is suspended or cancelled;

(b) the person is disqualified from holding a driver's licence;

(c) the person is otherwise prohibited from driving a motor vehicle on a highway; or

(d) the person is disqualified or prohibited from operating an off-road vehicle.

Driving off-road vehicle while disqualified or prohibited

225(1.1)  No person shall drive an off-road vehicle

(a) while the person is disqualified or prohibited from operating an off-road vehicle; or

(b) while

(i) the person's driver's licence is suspended or cancelled,

(ii) the person is disqualified from holding a driver's licence, or

(iii) the person is otherwise prohibited from driving a motor vehicle on a highway,

under section 263.1, or subsection 264(1) or (3) or section 265.

6(2)      Subsection 225(3) of the English version is amended by adding "or she" after "if he".

6(3)      Subsection 225(4) is amended

(a) in the part before clause (a),

(i) by adding "or off-road vehicle" after "a motor vehicle", and

(ii) by adding "or operate that off-road vehicle" after "on a highway"; and

(b) in clause (a), by adding "a motor vehicle, or is disqualified or prohibited from operating an off-road vehicle" after "prohibited from driving".

6(4)      Subsection 225(5) is amended in clause (a) by adding "or (1.1)" after "subsection (1)".

6(5)      Subsection 225(5.1) is repealed and the following is substituted:

Defence of accused re motor vehicle

225(5.1)  In a prosecution for a violation of subsection (1) or (2) or clause (4)(b), the accused has a defence if the accused can prove on a balance of probabilities

(a) that when the accused drove the motor vehicle he or she had a reasonable belief that his or her driver's licence or the registration was not suspended or cancelled, that he or she was not otherwise disqualified from holding a driver's licence or from registering that motor vehicle, or that he or she was not disqualified or prohibited from operating an off-road vehicle, as the case may be; or

(b) that before the accused drove the motor vehicle he or she took all reasonable steps to ascertain that his or her driver's licence or the registration was not suspended or cancelled, that he or she was not otherwise disqualified from holding a driver's licence or from registering that motor vehicle, or that he or she was not disqualified or prohibited from operating an off-road vehicle, as the case may be.

Defence of accused re off-road vehicle

225(5.2)  In a prosecution for a violation of subsection (1.1), the accused has a defence if the accused can prove on a balance of probabilities

(a) that when the accused operated the off-road vehicle he or she had a reasonable belief

(i) that he or she was not disqualified or prohibited from operating an off-road vehicle, or

(ii) that

(A) his or her driver's licence was not suspended or cancelled,

(B) he or she was not disqualified from holding a driver's licence, or

(C) he or she was not otherwise prohibited from driving a motor vehicle on a highway,

under section 263.1, subsection 264(1) or (3) or section 265; or

(b) that before the accused operated the off-road vehicle he or she took all reasonable steps to ascertain

(i) that he or she was not disqualified or prohibited from operating an off-road vehicle, or

(ii) that

(A) his or her driver's licence was not suspended or cancelled,

(B) he or she was not disqualified from holding a driver's licence, or

(C) he or she was not otherwise prohibited from driving a motor vehicle on a highway,

under section 263.1, subsection 264(1) or (3) or section 265.

6(6)      Subsection 225(6) is amended by adding "(1.1)," after "subsection (1),".

7(1)      Section 242.1 is amended

(a) in subsection (1.3),

(i) by renumbering it as subsection 242.1(1.4), and

(ii) by striking out "subsection (1)" wherever it occurs and substituting "subsection (1.1)";

(b) in subsection (1.2),

(i) by renumbering it as subsection 242.1(1.3), and

(ii) by striking out "subsection (1.1)" and substituting "subsection (1.2)";

(c) in subsection (1.1),

(i) by renumbering it as subsection 242.1(1.2), and

(ii) by striking out "subsection (1)" and substituting "subsection (1.1)";

(d) in subsection (1),

(i) by renumbering it as subsection 242.1(1.1),

(ii) by striking out "subsection (1.1)" and substituting "subsection (1.2)", and

(iii) by striking out "as defined in this Act contrary to section 225(1)" and substituting "contrary to subsection 225(1) or (1.1)"; and

(e) by adding the following as subsection 242.1(1):

Definition

242.1(1)  In this section, "motor vehicle" includes an off-road vehicle.

7(2)      Subsection 242.1(2) is amended

(a) in subclause (a)(i), by adding ", and of the owner if the driver is not the owner and discloses the name and address of the owner" after "driver";

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

(a.1) if the driver is not, or does not appear to be, the owner of the motor vehicle, request that the driver disclose the name and address of the owner;

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

(c) give a copy of the acknowledgement to the owner, if the owner is present at the time of the seizure, or, if the owner is not present, without delay mail a copy to the owner

(i) at the owner's last known address as recorded in the registrar's records of motor vehicle registrations, or

(ii) if the owner's address is not recorded in the registrar's records, at the address indicated by the driver in response to the peace officer's request under clause (a.1);

7(3)      Subsection 242.1(5) is amended in the part before clause (a)

(a) in the French version, by adding "automobile" after "au moment où le véhicule"; and

(b) by adding "or operating a motor vehicle" after "prohibited from driving".

7(4)      Subsection 242.1(6) is amended in the part before clause (a) by striking out "had no reason to believe that his or her licence or permit was suspended, that he or she was disqualified from holding a driver's licence or was prohibited from driving a motor vehicle and that the owner had at the time of the seizure and impoundment complied with subsection 27(5)," and substituting "had no reason to believe that his or her licence or permit was suspended or that he or she was disqualified from holding a driver's licence or was disqualified or prohibited from driving or operating a motor vehicle, and the justice is satisfied that the owner had at the time of the seizure and impoundment complied with subsection 27(5) of this Act and section 12 of The Off-Road Vehicles Act, if applicable,".

7(5)      Subsection 242.1(7.3) of the English version is amended in the part before clause (a) by striking out "the" after "designated by".

7(6)      Subsection 242.1(7.4) is amended in the part before clause (a) by striking out "subsection (3)" and substituting "subsection (7.3)".

7(7)      Subsection 242.1(11) is amended

(a) by striking out "Subject to section 242," and substituting "Subject to subsection 242(5) of this Act and subsection 54(3) of The Off-Road Vehicles Act,"; and

(b) by adding "or on" after "present in".

8(1)      Subsection 263.1(1) is amended

(a) by renumbering it as subsection 263.1(1.1);

(b) in clause (b), by striking out "as defined in this Act";

(c) in clause (c), in the part before subclause (i), by striking out "the motor vehicle" and substituting "a motor vehicle";

(d) in clause (e), by striking out "of issue"; and

(e) in clause (f), by adding "effective seven days from the date of the notice and order" after "on the person".

8(2)      The following is added as subsection 263.1(1):

Definition

263.1(1)  In this section and in section 263.2, "motor vehicle" includes an off-road vehicle.

8(3)      Clause 263.1(3)(e) is amended by striking out "The Criminal Code" and substituting "the Criminal Code (Canada)".

9(1)      Subsection 263.2(4) is amended by adding ", or the disqualification from operating a motor vehicle" after "licence or permit".

9(2)      Subsection 263.2(7) is amended in clauses (a) and (b) by striking out "as defined in this Act".

10(1)     Subsection 264(1) is amended in the part before clause (a)

(a) by adding "or off-road vehicle," after "motor vehicle"; and

(b) by adding "and the person is hereby disqualified from operating an off-road vehicle" after "is hereby suspended".

10(2)     Subsection 264(1.2) is amended

(a) in the section heading, by adding "etc." after "suspension"; and

(b) in the part before clause (a), by adding "or disqualification" after "suspension".

10(3)     Subsection 264(3) is amended

(a) by adding ", or under subsection 225(1.1) for operating an off-road vehicle," after "on a highway";

(b) in the English version, by adding "or her" after "while his"; and

(c) by adding "and the person is automatically further disqualified from operating an off-road vehicle" after "further suspended".

10(4)     Subsection 264(7) is repealed and the following is substituted:

Impoundment of driver's licence

264(7)    Where a person's driver's licence is suspended under subsection (1) or (1.1) by reason of a conviction under a section of the Criminal Code (Canada) mentioned in either of those subsections, the judge or justice who convicts the person shall impound the licence and send it or cause it to be sent to the registrar.

10(5)     Subsection 264(8) is amended by adding "or from operating an off-road vehicle," after "or registration of a vehicle,".

10(6)     Subsection 264(9) is amended

(a) by striking out "by registered mail";

(b) in the English version, by striking out "upon his" and substituting "upon the registrar's"; and

(c) by adding "if the appellant's licence is not suspended under other provisions of this Act, the appellant is not prohibited from driving a motor vehicle other than by reason of the conviction being appealed and the appellant has complied with any requirements imposed by the registrar under this Act or The Summary Convictions Act" after "shall restore the driver's licence to the appellant".

10(7)     Subsection 264(11) is amended

(a) by repealing the section heading and substituting "Temporary licence and stay of suspension etc.";

(b) in the part before clause (a), by striking out "his licence, right to have a licence, or registration is suspended or cancelled under this Act by reason of the conviction," and substituting "the person's licence or right to have a licence is suspended or cancelled under this Act by reason of the conviction, or the person is disqualified under this Act from operating an off-road vehicle by reason of the conviction, or both,";

(c) in clause (a),

(i) by striking out "suspension or cancellation" and substituting "suspension, cancellation or disqualification", and

(ii) by striking out "and" at the end of the clause; and

(d) by repealing clause (b) and substituting the following:

(b) upon making an order under clause (a) staying the suspension or cancellation of the person's licence, shall

(i) require the person convicted to surrender to the judge or justice his or her driver's licence and shall send it or cause it to be sent to the registrar, and

(ii) issue, or cause to be issued, to the person convicted a temporary licence, in a form prescribed by the registrar, valid for the lesser of

(A) the period of the stay,

(B) the number of days that remain unexpired on the licence that was surrendered, and

(iii) record on the certificate of conviction that the suspension or cancellation has been stayed and a temporary licence has been issued to the person convicted; and

(c) upon making an order under clause (a) staying the disqualification of the person from operating an off-road vehicle, shall record on the certificate of conviction that the disqualification has been stayed.

10(8)     Subsection 264(13) is repealed and the following is substituted:

Limitation on stay of suspension etc.

264(13)    A judge or justice shall not make an order under subsection (11) unless the judge or justice is satisfied

(a)  that the person convicted intends to appeal the conviction or apply to the appeal board under section 279;

(b) that the person convicted is not prohibited from operating a motor vehicle or disqualified from operating an off-road vehicle except by reason of the conviction; and

(c) where the order is for a stay of the suspension or cancellation of the driver's licence of the person convicted, that the person holds a valid and subsisting driver's licence issued under this Act that is not suspended under another provision of this Act.

10(9)     Subsection 264(14) is amended

(a) in the section heading, by adding "etc." after "suspension"; and

(b) in the section,

(i) by striking out "the licence, right to have a licence, or registration of a person" and substituting "a person's licence or right to have a licence, or the disqualification of the person from operating an off-road vehicle,", and

(ii) by striking out "the period of the suspension or cancellation begins on" and substituting "the period of the suspension, cancellation or disqualification begins on the earlier of the expiry of the stay and".

10(10)    Subsection 264(15) is amended

(a) in the section heading, by adding "or disqualification" after "suspension"; and

(b) in the section,

(i) by striking out "suspend the" wherever it occurs and substituting "suspend the person's",

(ii) by adding ", or disqualify the person from operating an off-road vehicle," after "and the right to have a licence", and

(iii) by adding ", or disqualify the person from operating an off-road vehicle," after "or the right to have a licence".

10(11)    Subsection 264(16) is repealed.

11(1)     Subsections 265(1), (2) and (3) are amended by adding "in relation to the operation or care and control of a motor vehicle or off-road vehicle" after "section 254 of the Criminal Code (Canada)".

11(2)     Subsection 265(6) is amended

(a) in clause (a), by adding ", and the person is disqualified from operating an off-road vehicle," after "suspended"; and

(b) in clause (b), by adding "or off-road vehicle" after "motor vehicle".

11(3)     Subsection 265(7) is amended by adding "or off-road vehicle" after "motor vehicle".

11(4)     Clause 265(11)(e) is amended by striking out "vehicle" and substituting "motor vehicle or off-road vehicle".

11(5)     Subsection 265(13) is amended by adding "or off-road vehicle" after "motor vehicle".

11(6)     Subsection 265(14) is amended

(a) by adding "or off-road vehicle" after "motor vehicle" wherever it occurs; and

(b) by adding "or other towed equipment" after "trailer" wherever it occurs.

11(7)     Subsection 265(15) is amended

(a) by adding "or off-road vehicle" after "motor vehicle" wherever it occurs; and

(b) by adding "or other towed equipment" after "trailer" wherever it occurs.

12(1)     Subsection 279(1) is repealed and the following is substituted:

Restoration of licence etc. by appeal board

279(1)    Subject to subsections (1.1) and (3),

(a) where

(i) a person's licence and right to have a licence,

(ii) the registration of a motor vehicle or off-road vehicle registered in the name of a person,

(iii) a person's permit or application for a permit under section 34,

(iv) a person's licence or application for a licence under section 24, or

(v) an exemption, privilege or benefit under section 4.3,

has been suspended, cancelled or refused under any provision of this Act or The Off-Road Vehicles Act, except where the suspension is for non-payment of a fine or is a suspension referred to in subsection (1.2), (1.3) or (1.4); or

(b) where a person has been disqualified from operating an off-road vehicle under any provision of this Act or The Off-Road Vehicles Act;

notwithstanding any other provision of this Act or The Off-Road Vehicles Act, on application by that person, and upon hearing the applicant or the applicant's counsel, and also the Attorney General or the registrar if either of them desires to be heard, or their counsel, the appeal board may, by order, do one or both of the following:

(c) revoke the suspension, cancellation or disqualification in whole or in part;

(d) direct the permit, licence or registration to be issued or the exemption, privilege or benefit under section 4.3 to be granted.

12(2)      Subsection 279(1.3) is amended by renumbering it as subsection 279(1.4).

12(3)     Subsection 279(1.2) is amended

(a) by renumbering it as subsection 279(1.3); and

(b) by striking out "vehicle" and substituting "motor vehicle or off-road vehicle".

12(4)     Subsection 279(1.1) is amended by renumbering it as subsection 279(1.2).

12(5)     The following is added after subsection 279(1):

Issuance of licence or permit

279(1.1)  Upon the making of an order under clause (1)(c) or (d), or both,

(a) the suspension, cancellation or disqualification is conclusively deemed to be revoked, to the extent stated in the order; and

(b) subject to the person's complying with any requirements imposed by the registrar under this Act, The Off-Road Vehicles Act or The Summary Convictions Act, the registrar shall issue the licence or permit.

12(6)     Subsection 279(2) is amended

(a) by striking out "or directs" and substituting ", revokes a disqualification from operating an off-road vehicle or orders";

(b) by striking out "the suspension or cancellation or" and substituting "the suspension, cancellation or disqualification, or the"; and

(c) by adding ", or beyond the original period of disqualification" after "originally suspended or cancelled".

12(7)     Subsection 279(3) is repealed and the following is substituted:

Temporary licence from appeal board

279(3)    Notwithstanding any other provision of this Act, where a person has filed an appeal from the suspension of his or her licence to drive or disqualification from operating an off-road vehicle, and the convicting judge or justice

(a) issued the person a temporary licence, or temporarily revoked the disqualification, but the licence or revocation has expired or is about to expire; or

(b) did not issue a temporary licence or temporarily revoke the disqualification;

the chairman of the appeal board, or a person designated by him or her, may

(c) in a case where clause (a) applies,

(i) further temporarily revoke the suspension and issue a further temporary licence, or

(ii) further temporarily revoke the disqualification,

for a period not exceeding 45 days as the circumstances may require; and

(d) in a case where clause (b) applies,

(i) order the temporary revocation of the suspension and issue a temporary licence, or

(ii) order the temporary revocation of the disqualification,

for a period not exceeding 45 days as the circumstances may require; and the chairman shall cause to be furnished to the registrar a copy of the order temporarily revoking the suspension showing the period for which the temporary licence was issued or of the order temporarily revoking the disqualification.

12(8)     Subsection 279(4) is repealed and the following is substituted:

Removal of conditions, etc.

279(4)    The board may, on further application, remove some or all of the terms, conditions and restrictions imposed under an order made under subsection (2) if after a period of three years the applicant has not been convicted of any further offence under the Criminal Code (Canada), or this Act, making him or her liable to further suspension or disqualification.

12(9)     Subsection 279(5) is amended

(a) by striking out "a suspension or cancellation or order" and substituting "a suspension, cancellation or disqualification or to order"; and

(b) by striking out "that suspension or cancellation or" and substituting "that suspension, cancellation or disqualification or in respect of that".

12(10)    Clause 279(6)(a) is amended

(a) in subclause (i), by striking out "or cancellation and the consequent" and substituting ", cancellation or"; and

(b) in subclause (ii), by striking out "or the cancellation and the consequent" and substituting ", cancellation or".

12(11)    Subsection 279(7) is repealed.

12(12)    Subsection 279(9) of the English version is amended by adding "or her" after "his".

12(13)    Subsection 279(11) is repealed.

12(14)    Subsection 279(12) is amended

(a) by striking out "conditional licence or permit or registration" and substituting "conditional licence, permit or registration or an order revoking a disqualification subject to conditions,"; and

(b) by adding "or the making of the revocation order," after "licence, permit or registration,".

12(15)    Subsection 279(13) of the English version is amended

(a) by adding "or her" after "submit his";

(b) by adding "or her" after "him"; and

(c) by striking out "his application" and substituting "the application".

PART 2

THE OFF-ROAD VEHICLES ACT

C.C.S.M. c. O31 amended

13        The Off-Road Vehicles Act is amended by this Part.

14        Subsection 1(1) is amended

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

"off-road maintenance machine" means an off-road vehicle that is designed or modified, and used primarily, for the purposes of clearing or maintaining off-road vehicle trails or tracks, or ski trails or slopes; (« pisteur »)

(b) in the definition "off-road vehicle", by adding the following after clause (d):

(d.1) an off-road maintenance machine,

15        Section 4 is amended by striking out "or" at the end of clause (d), by adding "or" at the end of clause (e) and by adding the following after clause (e):

(f) an off-road maintenance machine.

16        The following is added after subsection 6.2(1):

Insurance requirements for off-road maintenance machines

6.2(1.1)  No person shall operate an off-road maintenance machine on land not owned or occupied by the owner of the machine unless

(a) the machine is insured under an insurance policy, in accordance with The Insurance Act and the regulations under that Act, issued to the owner insuring against liability arising from bodily injury to, or the death of, one or more persons or loss of, or damage to, property, occasioned by the use or operation of the machine, at least to the limits mentioned in section 249 of that Act; and

(b) the person is authorized to operate the machine on that land under the insurance policy.

17(1)     Subsection 22(1) is amended by striking out "The registered owner" and substituting "Where an off-road vehicle is required to be registered under this Act, the registered owner".

17(2)     Subsection 22(2) is amended by striking out "The registered owner" and substituting "Subject to subsection (4), the owner".

17(3)     Subsection 22(3) is repealed and the following is substituted:

Operator to provide information with respect to owner

22(3)     Where the operator of an off-road vehicle informs a peace officer that the operator is not the owner, the operator shall, on demand, give to the peace officer the name and address of the owner of the off-road vehicle, or of the person who authorized or permitted the operator to operate it, and shall produce to the peace officer on demand

(a) the registration certificate, where the off-road vehicle is required to be registered under this Act; and

(b) subject to subsection (4), evidence that the off-road vehicle is insured as required under this Act.

Time for production of evidence of insurance

22(4)     Where at the time of a peace officer's demand under subsection (2) or clause (3)(b) the owner or operator of an off-road vehicle cannot produce evidence that it is insured as required under this Act, he or she shall provide the evidence of insurance to the peace officer or another peace officer at the peace officer's detachment within 72 hours after the demand.

Peace officer may stop off-road vehicles

22(5)     A peace officer, for the purpose of making a demand under one or more of subsections (1) to (3), may by signal require the operator of an off-road vehicle to stop the vehicle, and section 30 applies in such an event.

18        The following is added after section 30:

Identification of operator to peace officer

30.1(1)   The operator of an off-road vehicle shall give his or her correct name, date of birth and address to a peace officer on demand.

Peace officer may stop off-road vehicles

30.1(2)   A peace officer may, for the purpose of making a demand under subsection (1), by signal require the operator of an off-road vehicle to stop the vehicle, and section 30 applies in such an event.

Exception re land owned or occupied by the operator, etc.

30.1(3)   Subsections (1) and (2) do not apply to a person who is operating an off-road vehicle exclusively on land owned or occupied by the operator or by the owner of the vehicle.

19(1)     Subsection 33(1) is amended in the part preceding clause (a) by striking out "Except as may be authorized by subsection (4) or any other provision of this Act or regulation thereunder" and substituting "Except as may be authorized under another provision of this Act or under the regulations".

19(2)     Subsection 33(4) is repealed.

20        Subsection 45(1) is amended

(a) by striking out "and" at the end of clause (a); and

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

(a.1) permitting the operation of designated off-road vehicles upon a roadway or the shoulder of a roadway; and

21        The following is added after subsection 47(2):

No cause of action against minister

47(3)     No person has a cause of action for damages for injury, death or loss suffered by that person arising out of or in connection with the operation of an off-road vehicle against the minister, or a person authorized by the minister under subsection 45(2), by reason of the minister's or person's approval of a by-law under that subsection or by reason of the imposition of conditions on the approval.

22        The following is added after subsection 54(2):

Personal property to be returned

54(3)     Any personal property present in or on an off-road vehicle that has been detained shall be returned to the owner of the off-road vehicle upon request, unless it is required as evidence in a prosecution or in connection with an investigation of an offence under this Act or The Highway Traffic Act, in which case subsections (1) and (2) apply, with necessary modifications.

23        Section 54.1 is repealed and the following is substituted:

Application of C.C.S.M. c. H60

54.1      The following provisions of The Highway Traffic Act apply to off-road vehicles and to the owners and operators of off-road vehicles:

(a) sections 28.3 to 28.5, 242.1, 263.1, 265 and 279;

(b) section 264, other than subsection 264(1.1); and

(c) subsections 225(1.1), (5), (5.2) and (6).

24        Sections 56 and 57.3 are repealed.

25        Clause 68(f) is amended by striking out "used exclusively for specified purposes or in specified areas" and substituting "in specified areas, or throughout the province,".

PART 3

CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE

Consequential amendment, S.M. 1998, c. 41

26        If subsection 30(5) of The Domestic Violence and Stalking Prevention, Protection and Compensation and Consequential Amendments Act, S.M. 1998, c. 41, is not in force on the day this section comes into force, then that subsection is amended in the part before clause (a) by striking out "279(1.3)" and substituting "279(1.4)".

Consequential amendment, S.M. 1992, c. 38

27        The Highways Protection and Consequential Amendments Act, S.M. 1992, c. 38, is amended by repealing section 46.

Coming into force

28(1)     This Act, except sections 2 to 12, 22 to 24 and 26, comes into force on royal assent.

28(2)      Sections 2 to 12, 22 to 24 and 26 come into force on a day fixed by proclamation.