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The Highway Traffic Amendment Act (Safety Precautions to Be Taken When Approaching Tow Trucks and Other Designated Vehicles)

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If you need an official copy, use the bilingual (PDF) version.

S.M. 2010, c. 7

Bill 8, 4th Session, 39th Legislature

The Highway Traffic Amendment Act (Safety Precautions to Be Taken When Approaching Tow Trucks and Other Designated Vehicles)

(Assented to June 17, 2010)

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(1)        Subsection 35(15) is amended

(a) in the section heading, by striking out "Lamps" and substituting "Warning lighting"; and

(b) in the part after clause (b), by striking out everything after "equipped with" and substituting "an emergency beacon or other lighting equipment prescribed by the regulations."

2(2)        Subsection 35(15.1) is amended

(a) in the section heading, by striking out "Lamps required to" and substituting "When warning lighting must"; and

(b) in the part before clause (a), by striking out "requiring a lamp under subsection (15) shall illuminate the lamp" and substituting "described in subsection (15) must illuminate the prescribed emergency beacon or other prescribed lighting equipment".

3(1)        Subsection 109.1(1) is amended by adding the following definitions:

"designated vehicle" means the following motor vehicles:

(a) a roadside assistance vehicle;

(b) a government enforcement officer's vehicle;

(c) a vehicle that is prescribed in the regulations. (« véhicule désigné »)

"government enforcement officer" means an employee of the government who is appointed under an Act to enforce the Act or another Act or to enforce a regulation made under an Act. (« agent d'exécution du gouvernement »)

"government enforcement officer's vehicle" means a motor vehicle used by a government enforcement officer to carry out his or her duties on a highway. (« véhicule d'agent d'exécution du gouvernement »)

"roadside assistance vehicle" means the following motor vehicles:

(a) a tow truck or another motor vehicle that is equipped to remove from the highway a vehicle that is damaged, disabled or inoperable, whether by hoisting and towing it or loading and carrying it away;

(b) a motor vehicle that is used to provide service or minor repair at roadside to a vehicle that is damaged, disabled or inoperable, including battery service, tire changing and repairs and locked vehicle service;

but does not include a class of motor vehicles that is excluded from this definition by the regulations. (« véhicule d'assistance routière »)

3(2)        Subsection 109.1(2) is replaced with the following:

Approaching an emergency or designated vehicle

109.1(2)    The driver of a vehicle must take the safety precautions set out in subsections (2.1) and (3) when approaching one of the following vehicles that is stopped on the same side of the highway or is engaged in a roadside assistance or enforcement activity prescribed by the regulations or in another prescribed activity:

(a) an emergency vehicle that has its emergency beacon in operation;

(b) a designated vehicle that, in accordance with this Act and the regulations, is using

(i) an emergency beacon or other lighting equipment, and

(ii) if applicable, warning or safety signs or equipment.

Basic safety precautions

109.1(2.1)  The driver must

(a) slow down and proceed with caution to ensure that his or her vehicle does not collide with the emergency vehicle or designated vehicle and does not endanger any person outside of it; and

(b) pass the emergency vehicle or designated vehicle only if it is safe to do so.

3(3)        Subsection 109.1(3) is amended

(a) in the part before clause (a),

(i) by striking out "subsection (2)" and substituting "subsections (2) and (2.1)", and

(ii) by adding "or designated vehicle" after "emergency vehicle"; and

(b) in clauses (a) and (b), by striking out "emergency".

4           The following is added after clause 319(1)(jjjj.2):

(jjjj.3) prescribing vehicles for the purpose of the definition "designated vehicle" in subsection 109.1(1);

(jjjj.4) prescribing

(i) classes of motor vehicles that are not included in the definition "roadside assistance vehicle" in subsection 109.1(1), or

(ii) activities that, when carried out by a motor vehicle in the class, exclude the motor vehicle from that definition;

(jjjj.5) prescribing roadside assistance, enforcement and other activities for the purpose of subsection 109.1(2);

Coming into force

5           This Act comes into force on a day to be fixed by proclamation.