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The Highway Traffic Amendment Act (Accident Reporting Requirements)

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S.M. 2011, c. 27

Bill 37, 5th Session, 39th Legislature

The Highway Traffic Amendment Act (Accident Reporting Requirements)

(Assented to June 16, 2011)

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           Section 155 is replaced with the following:

Meaning of "accident"

155(1)      In this section, "accident" means

(a) a collision between two or more vehicles, including a collision between a moving vehicle and a stationary vehicle;

(b) a collision in which a vehicle collides with a person under any circumstances or with an object or animal; or

(c) another event in which a person is injured or killed by a vehicle in motion or as a result of the use of a vehicle on a highway.

Accident reports by drivers

155(2)      The driver of a vehicle that is involved in an accident must without delay give the information set out in subsection (3) to

(a) the driver of any other vehicle involved in the accident;

(b) any person who is injured in the accident; and

(c) any person whose property is damaged as a result of the accident.

Information to be given

155(3)      The information required to be given under subsection (2) is

(a) the name and address of the driver giving the report;

(b) a statement as to whether the driver has a valid driver's licence or out-of-province driving permit and if so, the number of the licence or permit and the date of its expected expiration;

(c) a statement as to whether the vehicle being driven by the driver is validly registered, if the vehicle is required to be registered, and if so, the vehicle's registration number and date of the registration's expiration;

(d) the number of the driver's motor vehicle liability insurance policy and name of the insurer, if applicable; and

(e) if driver is not the vehicle's owner,

(i) the name and address of the owner and registered owner, if they are different, and

(ii) the number of the owner's or registered owner's motor vehicle liability insurance policy and name of the insurer, if applicable and if that information is known to the driver.

Report to a peace officer at accident scene

155(4)      If a peace officer is in attendance at the place of an accident and so requests, the driver of any vehicle involved in the accident must give the peace officer the information required by subsection (3) and any other information that the peace officer requires about the driver, the vehicle or the accident.

Requirement to stop vehicle

155(5)      For greater certainty, a driver to whom subsection (2) or (4) applies is required to stop the vehicle at the place where the accident occurs for the purpose of complying with that subsection.

Police reports of certain accidents

155(6)      The driver of a vehicle that is involved in an accident must make a police report about the accident if

(a) the driver, for any reason, did not or was not able to give a peace officer the information required by subsection (3) at the place of the accident; and

(b) any of the criteria set out in subsection (7) apply in respect of the accident.

Criteria for making a police report

155(7)      A police report must be made if the driver (referred to in this subsection as the "first driver") is aware or has reason to believe at the time of the accident, or is later made aware,

(a) that a person, including the first driver, was injured in the accident and was admitted to hospital for observation or treatment for the injury;

(b) that a person injured in the accident has died;

(c) that the driver of another vehicle involved in the accident did not hold a valid driver's licence or out-of-province driving permit at the time of the accident;

(d) that another vehicle involved in the accident was not validly registered under The Drivers and Vehicles Act or a similar Act in another jurisdiction despite being required to be registered;

(e) that the driver of another vehicle involved in the accident did not provide the first driver with the information required by subsection (3);

(f) that the driver of another vehicle involved in the accident did not stop the vehicle at the place of the accident for the purpose of this section or in contravention of the Criminal Code; or

(g) that the consumption of alcohol or another intoxicating substance by the driver of another vehicle involved in the accident was a cause or contributing factor of the accident.

Time for making police report

155(8)      Except as provided by subsection (9), a driver who is required to make a police report by subsection (6) must make it within seven days after

(a) the day of the accident; or

(b) the day on which the driver is made aware that any of the criteria set out in subsection (7) apply in respect of the accident;

whichever is later.

Exception

155(9)      If because of injury or illness the driver is unable to make the police report within the time required by subsection (8), the driver must make the report as soon as the driver's health permits.

How to make a police report

155(10)     A police report required by subsection (6) must

(a) be made at a detachment of the police service that has police jurisdiction at the place of the accident;

(b) be made on a form approved by the registrar and contain

(i) the information about the accident and persons involved in it or affected by it that the registrar requires, and

(ii) any further information about the accident or those persons that the peace officer receiving the report requires; and

(c) be signed by the driver.

Police report by owner

155(11)     If the driver of a vehicle does not or is not able to make a police report, the requirements of subsections (6) to (10) apply, with necessary changes, to an owner of the vehicle who was present at the time of the accident.

Police report by other person in control of vehicle

155(12)     In the case of a vehicle driven by a student driver or a novice driver who holds a driver's licence of any class or subclass that requires the driver to be supervised, while driving, by a supervising driver, the police report required by subsection (6) may be made in part or in whole by the driving instructor or supervising driver.

Registrar may require police report to be made

155(13)     If any of the criteria set out in subsection (7) apply in respect of an accident, the registrar may require any of the following persons to make a police report in accordance with subsections (6) to (10):

(a) the driver of a vehicle involved in the accident;

(b) an owner of a vehicle involved in the accident who was present at the time of the accident.

Complying with registrar's requirements

155(14)     When the registrar requires a person to make a police report under subsection (13), the person must make it in accordance with the registrar's requirements.

Police report by passenger

155(15)     If a driver or vehicle owner fails to make a police report as required by subsections (6) to (11), a passenger who was in the vehicle at the time of the accident must make the police report.

Time limit for prosecution

155(16)     A prosecution for a contravention of a provision of this section may not be commenced later than two years after the day the alleged offence was committed.

Action when domestic animal injured or killed

155.1(1)    When a domestic animal is injured or killed in a collision with a vehicle on a highway, the driver, or — if the driver is incapacitated — a passenger, must

(a) remove the animal from the roadway if it is on the roadway and removing it is practicable;

(b) report the collision without delay to a peace officer if the animal is not removed from the roadway; and

(c) report the collision without delay

(i) to the animal's owner if the owner is known or can readily be located, or

(ii) to the clerk of the municipality in which the collision occurs if the animal's owner is not known and cannot readily be located and the collision has not been reported to a peace officer under clause (b).

Action by peace officer or municipal clerk

155.1(2)    A peace officer or municipal clerk to whom a report is made under subsection (1) must report the collision to an animal protection officer appointed under The Animal Care Act.

Coming into force

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