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The Highway Traffic Amendment Act

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

S.M. 2001, c. 19

THE HIGHWAY TRAFFIC AMENDMENT ACT


 

(Assented to July 6, 2001)

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           The definition "commercial truck" in subsection 1(1) is amended

(a) in clause (a), by striking out everything after "government,";

(b) by adding the following as clause (a.1):

(a.1) a truck operated, other than for gain or compensation, by or on behalf of a municipality, school board or other public body, or a band as defined in the Indian Act (Canada),

(c) by repealing clause (c).

3           Subsection 2(1) is repealed.

4           The following is added after subsection 24(1):

Licence required to operate tractors, etc.

24(1.1)     Every person shall, before operating an implement of husbandry, special mobile machine or tractor on a provincial highway, or a highway within the municipal boundaries of a city, town, village or urban municipality, obtain and have in his or her possession a valid and subsisting licence of a class that authorizes him or her to drive a class 5 vehicle, as defined in the regulations, without a full-time supervising driver.

5           Clause 28.3(a) is amended in the part after subclause (ii) by adding "or a comparable provision of the laws of another jurisdiction" after "263.2".

6(1)        Subsection 31(6) is repealed and the following is substituted:

Further examination, interview or course required

31(6)       The registrar may require a person who holds a licence of any class, or whose licence or right to have a licence has been suspended or cancelled, to do one or more of the following:

(a) pass an examination as provided in subsection (2) or any further examination and satisfy any other requirements that the registrar considers appropriate;

(b) attend an interview to discuss the person's ability to operate a motor vehicle safely or comply with the provisions of this Act and the regulations, as the case may require;

(c) successfully complete a driver improvement course specified by the registrar and administered by an agency approved by the registrar, and provide the registrar with satisfactory evidence of successful completion.

Failure to comply

31(6.1)     If the person fails to meet a requirement under subsection (6) within the time set by the registrar, the registrar may cancel any licence the person holds, and may, whether or not the licence is cancelled, refuse to issue any further renewal or licence until the requirement is met.

6(2)        Subsection 31(9) is repealed.

7(1)        The Part heading before section 34.1 is repealed and "VEHICLE AND EQUIPMENT STANDARDS" is substituted.

7(2)        Sections 34.1 to 46 are repealed.

8           The centred heading "SPEEDOMETER TESTING" is added before section 47.

9           The centred heading before section 48, and sections 48 to 58, are repealed.

10          Section 59 is repealed and the following is substituted:

Vehicle operated on highway must meet standards

59          Every vehicle operated on a highway must conform to the standards and specifications and be equipped in the manner set out in the regulations.

11          Sections 60 to 62 are repealed.

12          Subsection 63(2) is amended

(a) in the section heading, by adding "motor" after "between"; and

(b) in the subsection, by adding "motor" after "between a".

13          Clause 68(14)(b) is amended by striking out "an inspector within the meaning of the Weights and Measures Act (Canada)" and substituting "a tester appointed under subsection 73(1)".

14          Subsection 72(3) is amended by striking out "an inspector within the meaning of The Weights and Measures Act (Canada)" and substituting "a tester appointed under subsection 73(1)".

15          Section 73 is repealed and the following is substituted:

Appointment of testers

73(1)       The minister may appoint one or more qualified persons as testers of scales and portable scales.

Effect of certificate of tester

73(2)       In a prosecution under this Act, a certificate purporting to be signed by a tester appointed under subsection (1) certifying the accuracy of a scale or portable scale is admissible in evidence as prima facie proof of the accuracy of the scale or portable scale on the date of the alleged offence, without proof of the person's appointment or signature, if the certificate is dated not more than two years before or after the alleged offence.

16(1)       Subsection 122(1) is amended

(a) in clause (h), by striking out "a municipal council" and substituting "the appropriate traffic authority"; and

(b) in clause (i), by striking out "municipal council" and substituting "traffic authority".

16(2)       The following is added after subsection 122(1.2):

Parking distance from rail crossing

122(1.3)    When the traffic authority that prescribes a greater or lesser stopping, standing or parking distance under clause (1)(h) is a municipal council, it must prescribe the distance by by-law.

By-laws affecting provincial highways

122(1.4)    When a by-law of a municipal council under subsection (1.3) affects a provincial highway, the by-law has no effect unless it is approved in writing by the minister or the minister's delegate, and the notice of approval is attached to and forms part of the by-law.

Withdrawal of approval

122(1.5)    The minister or the minister's delegate may, by a notice in writing, withdraw an approval given under subsection (1.4), and the withdrawal is effective, and the by-law previously approved is void, on and from the date set out in the notice.

17(1)       Subsection 137(1) is repealed.

17(2)       Subsection 137(4) is repealed and the following is substituted:

Warning signals when bus stopped

137(4)      When a school bus is stopped for pupils to get in or out, the driver shall, in accordance with the regulations, operate all warning lamps, warning devices and safety devices that are required equipment for school buses under this Act or another Act of the Legislature, or under a regulation under this or another Act.

When warning signals should not operated

137(4.1)    A school bus driver shall not operate the warning lamps, warning devices and safety devices at any time when the school bus is not being used to transport pupils to or from school or approved school related activities.

18          Subsection 177(5) is repealed.

19(1)       Subsection 182(4) is amended in the part before clause (a) by striking out "Subject to section 58, no person" and substituting "No person".

19(2)        The following is added after subsection 182(7):

Permit allowing obstruction or tinting

182(7.1)    Notwithstanding subsections (4), (5) and (7), the registrar may issue a permit to allow a motor vehicle that has an obstruction prohibited under subsection (4) or a film or substance prohibited under subsection (5) to be driven on the highway, if the owner applies in writing and satisfies the registrar that

(a) it is not in the public interest to refuse to issue the permit; and

(b) the owner of the vehicle will drive the vehicle, and ensure that it is driven, with due regard to public safety.

19(3)       Subsection 182(8) is repealed.

20          Clause 202(b) is repealed and the following is substituted:

(b) the warning lamps, warning devices and external safety devices that are required equipment for school buses under this Act or another Act of the Legislature, or under a regulation under this or another Act, have been removed from the vehicle; and

21(1)       Subsection 204(1) is amended

(a) by repealing the section heading and substituting "Driving non-complying motor vehicle prohibited"; and

(b) by repealing clauses (a) to (c).

21(2)       Subsection 204(3) is amended

(a) in the section heading, by striking out "cls. (1)(a), (c) and (d)" and substituting "clause (1)(d)"; and

(b) in the subsection, by striking out "clauses (1)(a), (c) and (d) do" and substituting "clause (1)(d) does".

22          Section 207 is repealed.

23          The section heading for section 207.1 is repealed and "Offence and penalty re inspection certificates" is substituted.

24          Subsection 214(3) is repealed.

25(1)       The following is added after subsection 225(1.1):

Driving other vehicle while disqualified or prohibited

225(1.2)    No person shall drive an implement of husbandry, special mobile machine or tractor on a provincial highway, or a highway within the municipal boundaries of a city, town, village or urban municipality, 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.

25(2)       The following is added after subsection 225(4):

Owner not to permit the unlicensed driving of other vehicle

225(4.1)    No owner of an implement of husbandry, special mobile machine or tractor shall permit any person to drive it on a provincial highway, or a highway within the municipal boundaries of a city, town, village or urban municipality, while, to the owner's knowledge, the person's driver's licence is suspended or cancelled or the person is otherwise disqualified from holding a driver's licence or prohibited from driving a motor vehicle, or is disqualified or prohibited from operating an off-road vehicle.

25(3)       Subsection 225(5) is amended

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

(b) in clause (b), by striking out "or (4)" and substituting ", (4) or (4.1)".

25(4)       The following is added after subsection 225(5.2):

Defence of accused re other vehicle

225(5.3)     In a prosecution for a violation of subsection (1.2), the accused has a defence if the accused can prove on a balance of probabilities

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

25(5)       Subsection 225(6) is amended by striking out "(2), (3) or (4)" and substituting "(1.2), (2), (3), (4) or (4.1)".

26          Clause 242(1)(b) is amended by striking out "clauses 204(1)(a), (b), (d)," and substituting "clauses 204(1)(d),".

27          Subsection 242.1(7.1.3) of the English version is amended by adding "or" at the end of clause (a).

28          Subsection 263(1) is amended by adding ", implement of husbandry, special mobile machine or tractor" after "motor vehicle".

29          Subsection 263.1(1) is replaced with the following:

Definition of "motor vehicle"

263.1(1)    In this section and in sections 263.2 to 265, "motor vehicle" includes an implement of husbandry, special mobile machine, tractor and off-road vehicle.

30(1)       Subsection 300(1) is replaced with the following:

Suspension or revocation of certificate, and fine

300(1)      The transport board may, by order, suspend a motor carrier's certificate for cause and, after giving 10 days' notice to the motor carrier and providing him or her an opportunity to be heard, do one or more of the following:

(a) revoke, alter or amend the certificate;

(b) impose a fine of not more than $25,000. on the motor carrier.

30(2)       Clause 300(3.1)(b) is amended by striking out "$5,000." and substituting "$25,000."

31          The following is added after subsection 300(6):

Prohibition of cancellation or transfer

300.1       No motor carrier shall, after being notified that the transport board intends to hold a show cause hearing under subsection 300(1) or (3.3), cancel or transfer to another motor carrier the registration of any motor vehicle that the show cause hearing concerns.

32(1)       Subsection 318.1(1) is amended by striking out "a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more" and substituting "a public service vehicle or commercial truck that has a registered gross weight of 4,500 kg or more, or a regulated school bus,".

32(2)       The following is added after subsection 318.1(1):

Definition of "motor carrier"

318.1(1.1)  In this section and sections 318.2 to 318.10, "motor carrier" includes a person who provides a regulated school bus service.

32(3)       Subsection 318.1(3) is amended in the part before clause (a) by striking out "a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more" and substituting "a public service vehicle or commercial truck that has a registered gross weight of 4,500 kg or more, or a regulated school bus,".

33          Section 318.2 is amended

(a) in the part before clause (a), by striking out "a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more" and substituting "a public service vehicle or commercial truck that has a registered gross weight of 4,500 kg or more, or a regulated school bus,";

(b) in clause (a) of the English version, by striking out "that public service vehicle or commercial truck" and substituting "the vehicle"; and

(c) in clause (c) of the English version, by striking out "the public service vehicle or truck" and substituting "the vehicle".

34          Section 318.3 is amended by striking out "a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more" wherever it occurs and substituting "a public service vehicle or commercial truck that has a registered gross weight of 4,500 kg or more, or a regulated school bus,".

35          Section 318.4 is amended in the part before clause (a) by striking out "a public service vehicle or commercial truck having a registered gross weight of 4,500 kilograms or more" and substituting "a public service vehicle or commercial truck that has a registered gross weight of 4,500 kg or more, or a regulated school bus,".

36          Section 318.5 is amended by striking out "a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more" and substituting "a public service vehicle or commercial truck that has a registered gross weight of 4,500 kg or more, or a regulated school bus,".

37          Section 318.6 is amended

(a) in the part before clause (a), by striking out "a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more" and substituting "a public service vehicle or commercial truck that has a registered gross weight of 4,500 kg or more, or a regulated school bus,"; and

(b) in clause (c), by striking out "a commercial truck having a registered gross weight of 4,500 kilograms or more or of a public service vehicle" and substituting "such a vehicle".

38(1)       Subsection 318.7(1) is amended

(a) by striking out "maintain a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more operated" and substituting "maintain every public service vehicle and commercial truck having a registered gross weight of 4,500 kg or more, and every regulated school bus, that it operates"; and

(b) by striking out "operates a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more on behalf of the motor carrier" and substituting "operates such a vehicle on its behalf".

38(2)       Subsections 318.7(2) is amended by striking out "a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more" and substituting "a public service vehicle or commercial truck that has a registered gross weight of 4,500 kg or more, or a regulated school bus,".

38(3)       Subsections 318.7(3) is amended by striking out "a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more" and substituting "a public service vehicle or commercial truck that has a registered gross weight of 4,500 kg or more, or a regulated school bus".

39          Section 318.9 is amended by striking out "a public service vehicle or commercial truck having a registered gross weight of 4,500 kilograms or more" and substituting "a public service vehicle or commercial truck that has a registered gross weight of 4,500 kg or more, or a regulated school bus,".

40          Section 318.11 is repealed.

41(1)       Subsection 319(1) is amended

(a) by repealing the part before clause (a) and substituting "The Lieutenant Governor in Council may make regulations";

(b) by repealing clause (a.1) and substituting the following:

(a.1) classifying vehicles for any purpose or provision of the regulations based on any criteria the Lieutenant Governor in Council considers appropriate;

(c) in clause (d),

(i) by adding "use," after "respecting the", and

(ii) by striking out everything after "vehicles" and substituting "or equipment being towed by vehicles;";

(d) by repealing clause (d.1);

(e) by repealing clause (h);

(f) in clause (q), by striking out "upon a truck" and substituting "on a vehicle, and requiring and regulating the use of such partitions";

(g) by repealing clause (y);

(h) by repealing clause (mm) and substituting the following:

(mm) prescribing the standards and specifications to which vehicles must conform;

(mm.1) requiring vehicles to be equipped with or carry specified equipment or devices, and requiring and regulating the use of the specified equipment or devices;

(mm.2) requiring identification and other markings on vehicles and prescribing the standards and specifications to which the markings must conform;

(mm.3) regulating or prohibiting the sale or use of any vehicle that does not conform with an applicable standard or specification or that is not marked or equipped as required or does not carry required equipment;

(mm.4) prohibiting vehicles from being equipped with specified equipment or devices, and regulating or prohibiting the sale or use of any vehicle that is equipped with prohibited equipment or a prohibited device;

(mm.5) regulating the use of specified equipment or devices in vehicles;

(mm.6) prescribing the standards and specifications to which equipment or a device

(i) on or in a vehicle, or

(ii) that is a part or component of a vehicle,

must conform, and regulating or prohibiting the possession, sale, installation or use of any equipment or device that does not conform with an applicable standard or specification, or the sale or use of any vehicle equipped with or including equipment or a device that does not conform to an applicable standard or specification;

(mm.7) requiring every vehicle driven on a highway, and all required equipment or devices that are parts or components of the vehicle or are on or in it, to be in good working order and safe operating condition;

(mm.8) requiring the owner or driver of a vehicle being driven on a highway to produce to a peace officer for inspection all required equipment or devices that are parts or components of the vehicle or are on or in it, and to satisfy the peace officer that they are in good working order and safe operating condition;

(mm.9) regulating the operation of vehicles and combinations of vehicles, and prohibiting their unsafe operation;

(mm.10) regulating or prohibiting specified alterations of vehicles, and regulating or prohibiting the use of altered vehicles;

(mm.11) prohibiting tampering with or disconnecting the odometer of a motor vehicle, changing the number of kilometres or miles shown on the odometer, or doing anything that causes or may cause the odometer to give an inaccurate distance reading, and prohibiting the removal of the odometer of a motor vehicle, except in specified circumstances;

(i) by repealing clause (oo) and substituting the following:

(oo) requiring school buses to be equipped with warning lamps, warning devices and safety devices, and respecting the use of the lamps and devices and the standards and specifications to which they must conform;

(j) by repealing clauses (ww) and (yy);

(k) by repealing clause (bbb) and substituting the following:

(bbb) prescribing standards for bicycles operated on highways, and without limiting the generality of the foregoing, prescribing required equipment for such bicycles and the standards to which that equipment shall conform, and regulating or prohibiting the sale or use of any equipment, bicycle, device or substance that does not meet the prescribed standard;

(l) in clause (ddd) of the English version, by striking out "their equipment" and substituting "their equipment,";

(m) by repealing clause (ggg) and substituting the following:

(ggg) respecting the manner of loading, covering and securing loads carried by vehicles on highways, whether generally or according to the class or type of vehicle and the class or type of highway;

(n) by repealing clauses (jjj) and (qqq); and

(o) by adding the following as clauses (ffff) to (llll):

(ffff) exempting, with or without conditions, certain classes or types of vehicles or classes of persons from the operation of a provision of this Act or the regulations;

(gggg) empowering the registrar to exempt by permit, with or without conditions, certain vehicles, classes or types of vehicles or classes of persons from the operation of a provision of this Act or the regulations;

(hhhh) empowering the registrar to issue permits, with or without conditions, allowing certain vehicles or classes or types of vehicles to be equipped with prohibited equipment or equipment that does not conform to prescribed standards or specifications;

(iiii) empowering the registrar to issue permits, with or without conditions, allowing certain vehicles or classes or types of vehicles to be used that do not conform to prescribed standards and specifications;

(jjjj) respecting applications for and the issuance of permits referred to in clauses (gggg) to (iiii), and prescribing the fees payable for applying for such permits;

(kkkk) defining any word or phrase used but not defined in this Act;

(llll) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

41(2)       Subsection 319(2) is repealed and the following is substituted:

Adopting codes, standards and other regulations

319(2)      The power to make a regulation under subsection (1) or (1.1) may be exercised by adopting by reference, in whole or in part, a code, standard or regulation made by any other government in Canada or the United States, or a code or standard made by a non-governmental body.

Changes

319(3)       The code, standard or regulation may be adopted as amended from time to time and subject to any changes that the Lieutenant Governor in Council considers necessary.

Application of regulations

319(4)      A regulation made under subsection (1) or (1.1) may be general or particular in its application and may apply in whole or in part to one or more classes or types of vehicles or classes of persons to the exclusion of others, and to the whole or any part of the province.

42(1)       Clause 322.1(3)(d) is amended by striking out "$5,000." and substituting "$25,000.".

42(2)       The following is added after subsection 322.1(6):

Third party auditor qualifications and procedures

322.1(7)    The minister may establish the qualifications that a third party auditor must have for the purposes of clause 322.1(3)(a) and the audit procedures that every auditor must follow.

Minister may adopt by reference

322.1(8)    In establishing the qualifications or procedures, the minister may adopt by reference, in whole or in part, a code, standard or regulation made by any other government in Canada or the United States, or a code or standard made by a non-governmental body.

Minister may cancel designation

322.1(9)    The minister may cancel a third party auditor's designation if he or she does not have the established qualifications or fails to follow the established audit procedures.

Prohibition on misrepresentation of safety fitness rating

322.1(10)   A motor carrier shall not advertise or claim that he or she has a Manitoba motor carrier safety fitness rating that is different from his or her rating as currently determined under the assessment system established in subsection (2).

Prohibition on operation of vehicles when safety fitness rating unsatisfactory

322.1(11)   A motor carrier shall not operate motor vehicles in Manitoba if he or she has an unsatisfactory safety fitness rating under this section.

Prohibition on carrier having responsible person with past involvement with unsatisfactory carrier

322.1(12)   A motor carrier shall not have or employ a director, officer, manager or other person in a position of responsibility who, within the year before his or her appointment or employment, served or was employed in any of those capacities with, or was the proprietor of, a motor carrier that had an unsatisfactory safety fitness rating.

Coming into force:  royal assent

43(1)        This Act, except section 4, sections 6 to 12, sections 17 to 22, sections 24 to 26, sections 28 and 29 and subsection 41(1), comes into force on the day it receives royal assent.

Coming into force:  proclamation

43(2)       Section 4, sections 6 to 12, sections 17 to 22, sections 24 to 26, sections 28 and 29 and subsection 41(1) come into force on a day fixed by proclamation.