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The Highway Traffic Amendment Act

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S.M. 2002, c. 40

Bill 40, 3rd Session, 37th Legislature

THE HIGHWAY TRAFFIC AMENDMENT ACT


 

(Assented to August 9, 2002)

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 26.1(3) is amended by striking out everything after "summary conviction" and substituting "to the penalties set out in section 239."

3           Subsection 34(4) is replaced with the following:

Offence and penalty

34(4)       A person who contravenes a provision of this section is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000. This is in addition to any cancellation or suspension of the person's permit by the registrar under section 274.

4           The part of subsection 68(13) after clause (e) is amended by striking out "$10." and substituting "$12.".

5           Subsections 71(2) and 72(12) are repealed.

6           Section 76.1 is amended by renumbering it as subsection 76.1(1) and by adding the following as subsections 76.1(2) and (3):

Offence and penalty

76.1(2)     A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000. or imprisonment for a term of not more than one year, or both.

Additional penalty

76.1(3)     In addition to imposing any penalty under subsection (2), the convicting judge or justice may

(a) suspend the person's licence for a term of not more than one year; or

(b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction,

(i) the person does not hold a licence, or

(ii) the person's licence is suspended or he or she is disqualified from holding a licence.

7(1)        Subsection 86(2) is amended by striking out "a fine of not less than $25. or more than $100." and substituting "the penalties set out in section 239".

7(2)        Subsection 86(3) is amended by striking out "$10." and substituting "$12.".

8           Subsection 87(8) is repealed.

9(1)        Subsection 88(3) is replaced with the following:

Green traffic control light at intersections

88(3)       When a green traffic control light alone, either steady or flashing, is shown at an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching the intersection and facing the light, subject to section 132 and a traffic control device prohibiting any such movement,

(i) may

(A) proceed across the intersection or turn left or right, or

(B) to make a left turn, establish the vehicle in the intersection just before the centre and complete the turn when it is safe, and

(ii) shall yield the right-of-way to other traffic lawfully within the intersection or within an adjacent crosswalk at the time the light is shown; and

(b) a pedestrian facing the light may proceed, as quickly as is reasonably possible, across the roadway in the direction of the traffic control signal, subject to any pedestrian control signal directing him or her otherwise, and while so proceeding across the roadway has a right-of-way over all vehicles.

9(2)        The following is added after subsection 88(7):

Completing left turn on red

88(7.1)     Despite clause (7)(a), a driver who has established his or her vehicle in an intersection to make a left turn, as permitted by paragraph (3)(a)(i)(B), and is unable to complete the turn during the green or amber light phase, may complete it when the red traffic control light or such other signal as next follows is shown.

10          The following provisions are repealed:

(a) subsection 139(4);

(b) subsection 141(6);

(c) subsection 155(10).

11          Subsection 170(2) is replaced with the following:

Offence and penalty

170(2)      A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to the fine set out in subsection 239(1).

Additional penalty

170(3)      In addition to imposing a fine under subsection (2), the convicting judge or justice

(a) shall, if the contravention is under clause (1)(a.2),

(i) suspend the person's licence for a term of not more than one year, or

(ii) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction,

(A) the person does not hold a licence, or

(B) the person's licence is suspended or he or she is disqualified from holding a licence; and

(b) may, if the contravention is under another clause, impose such a suspension or disqualification.

Seizure of registration card, licence or other things

170(4)      A peace officer who on reasonable grounds believes that a person has contravened subsection (1) may

(a) seize the registration card, licence, document, certificate, permit or other card involved in the contravention; and

(b) if the contravention is under clause (1)(a) or (c) or subclause (1)(f)(ii), also seize the number plates involved in the contravention.

Disposition of seized items

170(5)      If a registration card, number plate, licence, document, certificate, permit or other card has been seized under subsection (4), the judge or justice hearing a proceeding about the contravention may

(a) order it confiscated; or

(b) order it returned to its owner, subject to such conditions as the judge or justice considers appropriate.

12(1)       Subsection 171(2) is amended by adding the following after clause (c):

(c.1) attach or permit the attachment to a motor vehicle or trailer of a fictitious number plate or anything that is made to resemble a number plate;

(c.2) operate or permit the operation of a motor vehicle or trailer to which is attached a fictitious number plate or anything that is made to resemble a number plate;

12(2)       Subsection 171(3) is replaced with the following:

Offence and penalty

171(3)      A person who contravenes a provision of subsection (1) or (2) is guilty of an offence and is liable on summary conviction to the penalties set out in section 239.

Seizure of number plates or other things

171(4)      A peace officer who on reasonable grounds believes that a person has contravened subsection (2) may seize the sticker, number plate or other thing involved in the contravention.

Disposition of seized items

171(5)      If a sticker, number plate or other thing has been seized under subsection (4), the judge or justice hearing a proceeding about the contravention may

(a) order it confiscated; or

(b) order it returned to its owner, subject to such conditions as the judge or justice considers appropriate.

13          The following provisions are repealed:

(a) subsection 172(2);

(b) subsection 175(2);

(c) subsection 176(2).

14          Subsection 186(12) is replaced with the following:

Offence and penalty

186(12)     A person who contravenes this section is guilty of an offence and

(a) if the contravention is under subsection (2), (3), (4), (6) or (9), is liable on summary conviction to the penalties set out in section 239; and

(b) if the contravention is under subsection (10) or (11), is liable on summary conviction to the fine set out in subsection 239(1).

15          Subsection 187(3) is repealed.

16          Subsection 188(3) is replaced with the following:

Offence and penalty

188(3)      A person who contravenes subsection (2) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.

Licence suspension or disqualification

188(4)      In addition to imposing a fine under subsection (3), the convicting judge or justice may

(a) suspend the person's licence for a term of not more than one year; or

(b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction,

(i) the person does not hold a licence, or

(ii) the person's licence is suspended or he or she is disqualified from holding a licence.

17          Subsection 189(2) is replaced with the following:

Offence and penalty

189(2)      A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.

Licence suspension or disqualification

189(3)      In addition to imposing a fine under subsection (2), the convicting judge or justice may

(a) suspend the person's licence for a term of not more than one year; or

(b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction,

(i) the person does not hold a licence, or

(ii) the person's licence is suspended or he or she is disqualified from holding a licence.

18          The following is added after section 197:

Aircraft use of highways prohibited

197.1(1)    Except as permitted by subsection (2), the regulations or a by-law made by a traffic authority under subsection (3), no person shall cause or permit an aircraft

(a) to land on a highway; or

(b) to take off from a highway.

Exceptions for emergency landings, etc.

197.1(2)    Subsection (1) does not apply in respect of an aircraft that

(a) lands or takes off as the result of a medical emergency or in the course of a search and rescue, police, forest fire fighting or life saving operation; or

(b) lands as the result of a mechanical emergency, when no viable landing site other than the highway is available.

By-laws by traffic authorities

197.1(3)    Subject to subsection (4), a traffic authority that is a municipality, the council of a band or a local government district may make by-laws, not inconsistent with the Aeronautics Act (Canada) and the regulations under that Act,

(a) prohibiting aircraft from landing on or taking off from highways under its authority;

(b) regulating the use of highways under its authority by aircraft for landings and takeoffs, including, but not limited to, requiring a permit to be obtained before any such use.

By-laws subject to regulations in certain cases

197.1(4)    A traffic authority may make by-laws under subsection (3) despite any regulations under this Act regulating the use of highways for aircraft landings and takeoffs, but a by-law under clause (3)(b) may not contain safety and other requirements that are less stringent than the requirements set out in the regulations.

By-laws affecting departmental roads

197.1(5)    When a by-law of a traffic authority under subsection (3) affects a departmental road, as defined in The Highways and Transportation Act, 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

197.1(6)    The minister or the minister's delegate may, by a notice in writing, withdraw an approval given under subsection (5), and the withdrawal is effective, and the by-law previously approved is void, on and from the date set out in the notice.

Offence and penalty

197.1(7)    A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000.

19          Subsection 205(5) is replaced with the following:

Offence and penalty

205(5)      A person who contravenes a provision of this section is guilty of an offence and

(a) if the person is a manufacturer and the contravention is under subsection (1) or (4), is liable on summary conviction to a fine of not more than $5,000.; and

(b) if the person is not a manufacturer, is liable on summary conviction to a fine of not more than $2,000.

20          The following provisions are repealed:

(a) subsection 206(4);

(b) subsection 210(3);

(c) subsection 213(2).

21          Subsection 224(2) is replaced with the following:

Offence and penalty

224(2)      A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.

Additional penalty

224(2.1)    If a licence, permit or registration has been issued to the person by reason of the commission of the offence, it is cancelled and the convicting judge or justice may, in addition to imposing a fine under subsection (2),

(a) order the licence, permit, or registration card and any number plates issued with it, confiscated; and

(b) disqualify the person convicted from holding a licence or permit and making a registration for a period not exceeding one year.

Seizure of licence, permit or registration card

224(2.2)    A peace officer who on reasonable grounds believes that a licence, permit or registration has been issued to a person as the result of a contravention of subsection (1) may seize the licence, permit, or registration card and any number plates issued with it.

22          Subsection 225(5) is replaced with the following:

Penalties for contravention of subsection (1) or (1.1)

225(5)      A person who contravenes a provision of subsection (1) or (1.1) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000. or imprisonment for a term of not more than one year, or both. In addition, the convicting judge or justice may

(a) suspend the person's licence for a term of not more than one year; or

(b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction,

(i) the person does not hold a licence, or

(ii) the person's licence is suspended or he or she is disqualified from holding a licence.

23          Subsection 226(9) is amended in the part before clause (a) by striking out "liable, on summary conviction, to a fine of not less than $100. or more than $500. and," and substituting "liable on summary conviction to the penalties set out in section 239, and".

24          Subsection 227(2) is replaced with the following:

Offence and penalty

227(2)      A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000. or imprisonment for a term of not more than one year, or both.

25          Subsections 235(2) and (3) are repealed.

26          Subsection 237(2) is amended by striking out everything after "conviction" and substituting the following:

(a) if the person is not a dealer or corporation, to a fine of not more than $2,000.; and

(b) if the person is a dealer or corporation, to a fine of not more than $5,000.

27          Subsection 238(2) is amended by striking out "not less than $1 or more than $5" and substituting "not more than $7.".

28          Section 239 is replaced with the following:

General offences and penalties

239(1)      A person who contravenes or fails to comply with or obey

(a) a provision of this Act or the regulations;

(b) a municipal by-law passed under the authority of this Act or the regulations; or

(c) an order of a peace officer, a traffic authority, the traffic board, the transport board or another authority or person

(i) given under the authority of this Act or the regulations, or

(ii) indicated or conveyed by a traffic control device;

is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000.

Licence suspension or disqualification

239(2)      In addition to imposing a fine under subsection (1), the convicting judge or justice may

(a) suspend the person's licence for a term of not more than one year; or

(b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction,

(i) the person does not hold a licence, or

(ii) the person's licence is suspended or he or she is disqualified from holding a licence.

29          Section 239.1 is repealed.

30          Subclause (a)(i) of the definition "Category A offence" in subsection 264(1) is amended by striking out "subsection 249(2)" and substituting "clause 249(1)(a)".

31          Subsection 278(2) is amended

(a) by replacing clause (a) with the following:

(a) three to nine persons appointed by the Lieutenant Governor in Council; and

(b) in the part after clause (b) of the English version,

(i) by adding "or her" after "him", and

(ii) by adding"or her" after "his".

32          Subsection 279(1) is replaced with the following:

Appeal to appeal board

279(1)      Subject to subsections (1.1) and (3), a person may appeal to the appeal board

(a) if any of the following has been suspended, cancelled or refused under a provision of this Act or The Off-Road Vehicles Act, except when the suspension or refusal is for non-payment of a fine or other amount of money, or is a suspension referred to in subsection (1.3) or (1.4):

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

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

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

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

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

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

(c) if the person is a novice driver and the registrar has extended the time that he or she must spend in any licensing stage or has extended, varied or added to the conditions or restrictions of his or her novice driver's licence.

Board may make order after hearing

279(1.0)    Despite any other provision of this Act or The Off-Road Vehicles Act, the appeal board may, if an appeal is made under subsection (1), make any order described in subsection (1.0.1) after hearing

(a) the person making the appeal or his or her counsel; and

(b) the Attorney General or the registrar, if either of them desires to be heard, or their counsel.

Kinds of orders that may be made

279(1.0.1)  For the purposes of subsection (1.0), the appeal board may, by order, do one or more of the following:

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

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

(c) revoke or vary the licensing-stage extension or the extension, variation or addition of the licence conditions or restrictions.

33          Subsection 290(8) is replaced with the following:

Offence and penalty

290(8)      A person who contravenes or fails to comply with any provision of this section is guilty of an offence and is liable on summary conviction to the fine set out in subsection 239(1). In addition, if the person is convicted, his or her certificate may be suspended for a period not exceeding one year.

34          The following is added after section 317:

Offences by shippers of property

317.1(1)    A person who ships property on a public service vehicle and who, in relation to the shipment, causes the motor carrier to contravene a provision of this Act or the regulations or the vehicle to be operated in contravention of a provision of this Act or the regulations also commits any offence with which the motor carrier or the driver of the vehicle may be charged due to the contravention.

Penalty for shippers

317.1(2)    A person who commits an offence under subsection (1) is liable on summary conviction to any fine for which the motor carrier or driver may be liable, whether or not the motor carrier or driver has been prosecuted or convicted.

Shipper responsibility for employees' actions

317.1(3)    In a prosecution of an offence under subsection (1), it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused while acting in the course of his or her employment or agency functions, whether or not the employee or agent has been prosecuted for the offence.

35          Subsection 318(15) is repealed.

36          Subclause 318.1(3)(b)(v) is amended by adding "or regulation" after "Act".

37          Subsection 319(1) is amended

(a) in clause (l.3), by adding ", and respecting exemptions for certain applicants or classes of applicants who do not possess one prescribed qualification or more" after "21.4(1)(d)";

(b) by replacing clause (l.4) with the following:

(l.4) requiring and governing the amount of the fees payable

(i) on application for or renewal of a permit or for amending or replacing a permit of a dealer, salesperson or recycler, and

(ii) for any knowledge test that may be prescribed under clause (l.3);

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

(ee.1) respecting the use of highways by aircraft for landings and takeoffs, including, but not limited to, requiring a person to obtain a permit before any such use of certain kinds of departmental roads, as defined in The Highways and Transportation Act, and prescribing the fee to be paid for a permit;

(d) by replacing subclause (ttt)(ii) with the following:

(ii) for the purposes of subclause 318.1(3)(b)(v) or 322.1(1)(b)(v) or clause 322.2(1)(b), prescribing Acts and regulations

(A) of Manitoba, the Parliament of Canada or the legislature of another province or a territory,

(B) of the United States of America or a state, district or territory of the United States of America, or

(C) of another country, or a political subdivision of another country, with which the government has a subsisting arrangement or reciprocal agreement under subsection 31.1(1),

(e) by adding the following after clause (aaaa):

(aaaa.1) respecting voluntary photo identification cards for individuals other than drivers, including

(i) authorizing the registrar to determine the form and content of a photo identification card,

(ii) governing the requirements that individuals must meet when applying for photo identification cards or replacements,

(iii) prescribing fees for issuing photo identification cards and replacements,

(iv) requiring the holder of a photo identification card to notify the registrar of any change of address or name within a prescribed time,

(v) prohibiting the alteration or unauthorized use or possession of photo identification cards, or the unlawful production of documents that resemble photo identification cards, and

(vi) governing the registrar's storage and maintenance of records, including the images of individual applicants, relating to photo identification cards, authorizing the registrar to give peace officers and other specified persons or classes of persons access to or copies of those records, and governing the conditions under which that access or those copies may be given;

38          Subclause 322.1(1)(b)(v) is amended by adding "or regulation" after "Act".

39          The following is added after section 322.1:

Commercial driver records

322.2(1)    Without limiting the generality of section 322, the registrar may maintain separate records respecting drivers who are licensed to drive public service vehicles or commercial trucks that have a registered gross weight of 4,500 kg or more, or regulated school buses, and who

(a) while driving such a vehicle, have been involved in an accident;

(b) in relation to driving such a vehicle, have been convicted of a violation of any provision of this Act or the regulations under it, or of another Act or regulation prescribed by regulation; or

(c) have had their licences suspended or cancelled, or have been refused licences or licence renewals, disqualified from holding licences, or disqualified or prohibited from driving motor vehicles on highways or operating off-road vehicles.

Application of subsections 322(2) to (3.2)

322.2(2)    Subsections 322(2) to (3.2) apply, with necessary changes, to records the registrar maintains under subsection (1).

40          The following is added after section 334:

Voluntary non-driver photo identification cards

334.1       The registrar may, in accordance with the regulations, provide a photo identification card to an individual who requests one and does not have a valid photo identification card issued under section 27.

Unproclaimed provisions amended

41          Section 29 of the French version of The Highway Traffic Amendment and Consequential Amendments Act, S.M. 2001, c. 7, is amended

(a) in subsection (2), by striking out "non-rotier" and substituting "non routier"; and

(b) in subsections (3), (4) and (5), by striking out "non-routier" and substituting "non routier".

Unproclaimed provisions amended

42          Clause 242.3(3)(a), as enacted by section 7 of The Highway Traffic Amendment and Consequential Amendments Act (2), S.M. 2001, c. 29, is amended by striking out "subsection 249(2)" and substituting "clause 249(1)(a)".

Coming into force — royal assent

43(1)       This Act, except sections 30 and 36, clauses 37(d) and (e) and sections 38 to 40, comes into force on the day it receives royal assent.

Coming into force — section 30 retroactive

43(2)       Section 30 is retroactive and is deemed to have come into force on December 1, 2001.

Coming into force — proclamation

43(3)       Section 36, clauses 37(d) and (e) and sections 38 to 40 come into force on a day fixed by proclamation.