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The Highway Traffic Amendment Act (2)

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S.M. 1999, c. 35

THE HIGHWAY TRAFFIC AMENDMENT ACT (2)


 

(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         Clause 26(1.1)(c) is amended by striking out "264(1) or (1.1)" and substituting "264(1), (1.1) or (1.2)".

3(1)      Subsection 242.1(1) is repealed and the following is substituted:

IMPOUNDMENT OF VEHICLES FOR DRIVING DISQUALIFIED AND ALCOHOL RELATED OFFENCES

Impoundment of certain vehicles by police officers

242.1(1)  Subject to subsection (1.1), a peace officer shall seize a motor vehicle and impound it and take it into the custody of the law if the officer has reason to believe

(a) that a person who was operating the vehicle contravened subsection 225(1) (driving while disqualified or prohibited) of this Act or subsection 259(4) (operation while disqualified) of the Criminal Code (Canada);

(b) based on an analysis of the breath or blood of a person who was operating the vehicle or had care or control of it, that the person had consumed alcohol in such a quantity that the concentration of it in his or blood exceeded 80 milligrams of alcohol in 100 millilitres of blood, contrary to clause 253(b) of the Criminal Code (Canada); or

(c) that a person who was operating the vehicle, or had care or control of it, failed or refused to comply with a demand to supply a sample of his or her breath or blood, contrary to subsection 254(5) of the Criminal Code (Canada).

3(2)      Subsection 242.1(1.1) is amended

(a) by adding "or is, in the opinion of the officer, not practicable in the circumstances" after "any person,"; and

(b) by striking out "and permit" and substituting ", in which case the peace officer may permit".

3(3)       The following is added after subsection 242.1(3):

Vehicle to be released if driver's licence is returned

242.1(3.1)Where a motor vehicle is seized and impounded under clause (1)(b) (blood alcohol over .08) or (c) (refuse to supply sample of breath or blood) and an application by the driver under section 263.2 (review of suspension and disqualification) results in the return of his or her licence or permit,

(a) the vehicle is no longer subject to impoundment under this section, unless the vehicle was also seized and impounded under clause (1)(a) (drive disqualified) or detained under another provision of this Act; and

(b) a person designated by the Minister of Justice for the purpose of this provision shall, subject to subsection (9) (lien), authorize the release of the vehicle to the owner or to a person authorized by the owner.

3(4)      Subsection 242.1(4) is amended

(a) by repealing the section heading and substituting "Application by certain owners for early release of vehicle"; and

(b) in the part before clause (a), by striking out "or taken under this section," and substituting "and taken under this section, other than an owner who was the driver or had care or control at the time the vehicle was seized under clause (1)(b) (blood alcohol over .08) or (c) (refuse to supply sample of breath or blood),".

3(5)      Subsection 242.1(5) is amended

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

Issue to be determined when driver is not owner

242.1(5)  Where, after considering an application under subsection (4) by an owner who was not the driver at the time the motor vehicle was liable to seizure and impoundment, the justice is satisfied that

(a) the driver was in possession of the vehicle without the knowledge and consent of the owner;

(b) in the case of a seizure under clause (1)(a) (drive disqualified), the owner could not reasonably have been expected to know that the licence or permit of the person to whom the vehicle was delivered was suspended or cancelled or that the driver was disqualified or prohibited from driving or operating a motor vehicle; or

(c) in the case of a seizure under clause (1)(b) (blood alcohol over .08) or (c) (refuse to supply sample of breath or blood), the owner could not reasonably have been expected to know that the driver would operate or have care or control of the vehicle in such circumstances;

the justice shall

(b) in clause (b), by striking out "subject to the lien described in subsection (3)" and substituting "subject to subsection (9) (lien)"; and

(c) by renumbering clauses (a) to (c) as clauses (d) to (f).

3(6)      Subsection 242.1(6) is amended

(a) in the section heading, by adding "when driver is owner" at the end;

(b) in the part before clause (a), by adding "under clause (1)(a) (drive disqualified)" after "liable to seizure and impoundment"; and

(c) in clause (b), by striking out "subject to the lien described in subsection (3)" and substituting "subject to subsection (9) (lien)".

3(7)      Subsection 242.1(7) is amended

(a) in the English version, by striking out "or taken" and substituting "and taken"; and

(b) by striking out "subject to the lien described in subsection (3), direct that the motor vehicle be returned" and substituting "subject to subsection (9) (lien), direct that the vehicle be released".

3(8)      Subsection 242.1(7.1) is amended by adding ", after which it may be released as set out in subsection (7)" at the end.

3(9)      Subsection 242.1(8) is amended by striking out "subsections (5), (6) and (7)" and substituting "subsections (3.1), (5), (6), (7) and (7.1)".

3(10)     Subsection 242.1(11) of the English version is amended by striking out "or impounded" and substituting "and impounded".

3(11)     Subsection 242.1(14) is amended by striking out "has operated a motor vehicle contrary to section 225(1) of this Act or to section 259 of the Criminal Code" and substituting "has operated or had care or control of a motor vehicle as set out in subsection (1)".

4         Subsection 242.2(4) is amended by adding "or on" after "present in".

5(1)      Section 264 is amended

(a) in subsection (1), by striking out "254,";

(b) by renumbering subsection (1.1) as subsection (1.2);

(c) by renumbering subsection (1.2) as subsection (1.3); and

(d) by adding the following after subsection (1):

Automatic suspension for refusal to provide breath or blood sample

264(1.1)  The licence and the right to have a licence of a person who is convicted of an offence under subsection 254(5) of the Criminal Code (Canada) committed in relation to a motor vehicle are hereby suspended

(a)  in the case of a first conviction, for a period of two years;

(b) where the conviction is deemed under subsection (2) to be a second or subsequent conviction and each earlier conviction is not under subsection 254(5), for a period of five years; and

(c) where the conviction is a second or subsequent conviction under subsection 254(5) within five years after the date of the commission of an earlier offence under subsection 254(5), for a period of seven years.

5(2)      Subsection 264(1.2), renumbered by clause (1)(c) as subsection 264(1.3), is amended by striking out "(1) or (1.1)" and substituting "(1), (1.1) or (1.2)".

5(3)      Subsection 264(2) is amended

(a) in the English version, by repealing the section heading and substituting "Certain offences deemed to be second or subsequent offence";

(b) by striking out "(1) or (1.1)" wherever it occurs and substituting "(1), (1.1) or (1.2)"; and

(c) by adding "for the purpose of clauses (1)(b), (1.1)(b) and (1.2)(b)" at the end.

5(4)      Subsection 264(3) is amended

(a) by striking out "(1) or (1.1)" and substituting "(1), (1.1) or (1.2)"; and

(b) by striking out "or clause (1.1)(a) or (b)" and substituting ", (1.1)(a) or (b), or (1.2)(a) or (b)".

5(5)      Subsection 264(15) is amended by striking out "(1) or (1.1)" wherever it occurs and substituting "(1), (1.1) or (1.2)".

6         Section 266 is amended by striking out "264(1) or (1.1)" wherever it occurs and substituting "264(1), (1.1) or (1.2)".

7         Subsection 279(1.1) is amended by striking out "(1) and (1.1)" and substituting "(1), (1.1) and (1.2)".

CONDITIONAL AMENDMENTS

Conditional amendments

8(1)      This section takes effect only if

(a) during the Fifth Session of the 36th Legislature, Bill 5, entitled The Highway Traffic Amendment, Off-Road Vehicles Amendment and Consequential Amendments Act, receives royal assent; and

(b) the provisions in Bill 5 that amend the provisions of The Highway Traffic Act referred to in this section come into force.

8(2)      Subsection 242.1(1) of The Highway Traffic Act, as enacted by subsection 3(1) of this Act and renumbered as subsection 242.1(1.1) by Bill 5, is amended by repealing the part before clause (b) and substituting the following:

Impoundment of certain vehicles by police officers

242.1(1.1)Subject to subsection (1.2), a peace officer shall seize a motor vehicle and impound it and take it into the custody of the law if the officer has reason to believe

(a) that a person who was operating the vehicle contravened subsection 225(1) (driving while disqualified or prohibited) or 225(1.1) (off-road vehicles) of this Act or subsection 259(4) (operation while disqualified) of the Criminal Code (Canada);

8(3)      Subsection 3(2) of this Act is amended by striking out "Subsection 242.1(1.1)" and substituting "Subsection 242.1(1.2)".

8(4)      In each of the following provisions of The Highway Traffic Act, "clause (1)(a)" is struck out and "clause (1.1)(a)" is substituted:

(a) clause 242.1(3.1)(a), as enacted by subsection 3(3) of this Act;

(b) clause 242.1(5)(b), as enacted by subsection 3(5) of this Act;

(c) subsection 242.1(6), as amended by clause 3(6)(b) of this Act and by subsection 7(4) of Bill 5.

8(5)       In each of the following provisions of The Highway Traffic Act, "clause (1)(b)" is struck out and "clause (1.1)(b)" is substituted:

(a) subsection 242.1(3.1), as enacted by subsection 3(3) of this Act;

(b) subsection 242.1(4), as amended by subsection 3(4) of this Act;

(c) clause 242.1(5)(c), as enacted by subsection 3(5) of this Act.

8(6)      Subsection 242.1(14) of The Highway Traffic Act, as amended by subsection 3(11) of this Act, is amended by striking out "subsection (1)" and substituting "subsection (1.1)".

8(7) Subsection 264(1.1) of The Highway Traffic Act, as enacted by subsection 5(1) of this Act, is amended by repealing the part before clause (a) and substituting the following:

Automatic suspension for refusal to provide breath or blood sample

264(1.1)  The licence and the right to have a licence of a person who is convicted of an offence under subsection 254(5) of the Criminal Code (Canada) committed in relation to a motor vehicle or off-road vehicle are hereby suspended, and the person is hereby disqualified from operating an off-road vehicle,

8(8)      Subsection 264(7) of The Highway Traffic Act, as enacted by Bill 5, is amended by striking out "(1) or (1.1)" and substituting "(1), (1.1) or (1.2)".

Coming into force

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