Skip to main content
The Highway Traffic Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1999, c. 13

THE HIGHWAY TRAFFIC AMENDMENT ACT


 

(Assented to July 14, 1999)

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 174(2) is amended by striking out "section 25" and substituting "subsection 26(1.1)".

3(1)      Subsection 177(2) is repealed.

3(2)      Subsection 177(3) is repealed and the following is substituted:

Maximum speed for tractors and implements of husbandry

177(3)    No person shall drive a tractor, or drive or tow an implement of husbandry, at a speed that is more than the lesser of

(a) the lowest maximum rated speed of the tires of the tractor or implement, as indicated on the side walls of the tires; and

(b) 70 kilometres per hour.

4         Subsection 178(2) is amended by striking out "Subsection (1) does not apply" and substituting "Except as provided in the regulations, subsection (1) does not apply".

5(1)      Subsection 180(2.1) is repealed and the following is substituted:

Use of farm truck by municipal councillors etc.

180(2.1)  A farm truck may be used

(a) by a member of a municipal council, or of the council of a local government district, in the course of performing his or her duties and functions as such; and

(b) by a volunteer, part-time or on-call fire-fighter or emergency medical responder in the course of performing his or her duties and functions as such.

5(2)      Subsection 180(4) is amended by striking out "No person" and substituting "Except as permitted under subsection (2.1), no person".

5(3)      Subsection 180(4.1) is repealed.

6(1)      Subsection 214(1) is repealed and the following is substituted:

Certain radio receivers prohibited

214(1)    Subject to subsection (2), no person

(a) shall use a radio receiving apparatus in a motor vehicle, whether permanently installed in the vehicle or not; or

(b) shall

(i) equip a motor vehicle with, or

(ii) operate a motor vehicle equipped with,

a radio receiving apparatus;

capable of receiving police transmissions within one or more of the radio frequency bands 150 to 174, 413 to 470 and 806 to 870 megacycles".

6(2)      The following is added after subsection 214(2):

Seizure of radio receiving apparatus

214(2.1)  A peace officer who finds

(a) a person using a radio receiving apparatus; or

(b) a motor vehicle that is equipped with a radio receiving apparatus;

of the kind prohibited by subsection (1) may seize the device after laying a charge under subsection (1).

Disposition of seized radio receiving apparatus

214(2.2)  Where a radio receiving apparatus has been seized by a peace officer under subsection (2.1), the judge or justice hearing any proceeding under subsection (1) in relation to the apparatus may order it confiscated or returned to its owner, subject to such conditions as the judge or justice considers appropriate.

7         Clause 242.1(4)(a) is amended by striking out "minister" and substituting "Minister of Justice".

8(1)      Subsection 242.2(9) is repealed.

8(2)      Clause 242.2(10)(a) is amended by striking out "minister" and substituting "Minister of Justice".

9         Subsection 281(1) is amended by striking out "and" at the end of clause (m), by adding "and" at the end of clause (n) and by adding the following after clause (n):

(o) hear appeals under subsection 322.1(5) in accordance with rules of procedure made under subsection 326(17).

10        Section 298 is repealed and the following is substituted:

Certificate, licence or permit to be carried by driver

298       The driver of a public service vehicle or commercial truck shall while the vehicle or truck is being driven on a highway have a copy of the certificate or permit for the vehicle in his or her possession, and shall without delay produce it to a peace officer or inspector on demand.

11        Section 298.1 is repealed and the following is substituted:

Documents to be carried by driver

298.1     The driver of a public service vehicle or a commercial truck having a registered gross weight of 4,500 kg or more, and every other person who holds a licence authorizing him or her to drive the vehicle or truck and who is in the vehicle or truck for the purpose of driving it, shall while the vehicle or truck is being driven on a highway have in his or her possession a record of his or her hours of service in the form prescribed by the regulations and shall without delay produce the record to a peace officer or inspector on demand.

12(1)     Subsection 300(1) is repealed and the following is substituted:

Suspension or revocation of certificate, and fine

300(1)    The transport board may, for cause, do one or more of the following by order:

(a) suspend and, after 10 days' notice to the holder of a certificate and granting the holder an opportunity to be heard, revoke, alter or amend the certificate;

(b) impose a fine of not more than $5,000. on the holder of a certificate.

12(2)     Subsection 300(1.1) is repealed.

12(3)     Subsection 300(3.1) is repealed and the following is substituted:

Cancellation or suspension of registration, and fine

300(3.1)  Where an owner to whom the registrar has issued a registration card for a truck, or combination of vehicles, of a registered gross vehicle weight in excess of 4,500 kg fails to comply with any provision of this Act, or any regulation or order made by the transport board or for any other reasonable cause, the transport board may do one or more of the following by order:

(a) direct the registrar to do one or both of the following:

(i) to cancel or suspend the registration of any truck, or combination of vehicles, of a registered gross vehicle weight in excess of 4,500 kg in the name of the owner,

(ii) to refuse to register any truck, or combination of vehicles, of a registered gross vehicle weight in excess of 4,500 kg in the name of the owner,

either absolutely or for a specified period of time;

(b) impose a fine of not more than $5,000. on the owner.

12(4)     Subsection 300(3.2) is repealed.

12(5)     Subsection 300(3.3) is amended

(a) in the part before clause (a), by striking out "subsection (3.1) or imposing a fine under subsection (3.2)" and substituting "clause (3.1)(a) or imposing a fine under clause (3.1)(b)"; and

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

(b) cause the notice to be delivered to the owner by a delivery service that guarantees delivery and provides proof of delivery.

13(1)     Subsection 322.1(1) is amended in the part before clause (a) by striking out "registrar" and substituting "minister".

13(2)     Subsection 322.1(2) is amended by striking out "registrar" and substituting "minister".

13(3)     Subsection 322.1(3) is repealed and the following is substituted:

Motor carrier improvement

322.1(3)  Where the minister, after a review of the record maintained under subsection (1) and on the basis of a rating under subsection (2) or otherwise, is not satisfied that the motor carrier is complying adequately with this Act and the regulations, the minister may do one or more of the following:

(a) order the motor carrier to do such things as the minister considers reasonably necessary to improve compliance, including any one or more of the following:

(i) to submit to one or more audits of the motor carrier's operations by a third party auditor designated by the minister,

(ii) to limit the size of the motor carrier's fleet,

(iii) to institute a safety plan acceptable to the minister,

(iv) to retain an auditor at the motor carrier's expense to develop a safety plan for the purposes of subclause (iii),

or any similar thing;

(b) adjust the motor carrier's safety fitness rating;

(c) revoke the motor carrier's safety fitness certificate;

(d) impose a monetary penalty of not more than $5,000. on the motor carrier.

13(4)     The following is added after subsection 322.1(4):

Appeal by motor carrier

322.1(5)  A motor carrier in respect of whom the minister makes an order or takes an action, or on whom the minister imposes a penalty, under subsection (3) may appeal the order, action or penalty to the transport board in the manner set out in the regulations.

Decision of transport board

322.1(6)  Upon considering or hearing an appeal in accordance with the regulations and any rules of procedure made under subsection 326(17), the transport board may do one or more of the following by order:

(a) uphold the minister's order or action, or the penalty, or any combination of them;

(b) set aside the minister's order or action, or the penalty, or any combination of them;

(c) make whatever variation that it considers appropriate of the minister's order or action, or the penalty, or any combination of them.

14        Subsection 326(15) is amended by adding ", other than an appeal under subsection 322.1(5)" after "Legislature".

15        Section 331 is amended by renumbering it as subsection 331(1) and by adding the following as subsection 331(2):

Minister may waive fees

331(2)    The minister may waive any fee payable under this Act if he or she is satisfied that it is in the public interest to do so or that hardship or injustice has resulted or is likely to result from the requirement to pay the fee.

Coming into force

16        This Act comes into force on the day it receives royal assent.