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The Highway Traffic Amendment Act (Inter-City Bus Service)

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S.M. 2012, c. 7

Bill 5, 1st Session, 40th Legislature

The Highway Traffic Amendment Act (Inter-City Bus Service)

(Assented to June 14, 2012)

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 280 is amended by adding the following definitions:

"designated passenger public service vehicle" means a passenger public service vehicle that is designated in a regulation made under clause 319(1)(ttt.1); (« véhicule de transport public de passagers désigné »)

"scheduled-service bus" means a bus that is operated

(a) in accordance with a set time schedule, or

(b) over a specified route. (« autobus à horaire ou à trajet fixe »)

3(1)        The following is added after clause 281(1)(f):

(f.1) require motor carriers that operate scheduled-service buses or designated passenger public service vehicles to publish the details of their time schedules, routes and fares, and to file that information with the transport board, in a manner and at a frequency that is acceptable to the transport board;

3(2)        Section 281 is further amended by adding the following subsection:

Exception for scheduled-service buses and designated passenger p.s.v.'s

281(1.5)    On and after July 1, 2012,

(a) clauses (1)(c), (e), (j) and (m) do not apply to the operation of a scheduled-service bus or a designated passenger public service vehicle;

(b) clauses (1)(b), (h) and (i) apply to the operation of a scheduled-service bus or a designated passenger public service vehicle only to the extent that they relate to the safe condition of the vehicle and its equipment and to its safe operation; and

(c) clause (1)(g) applies to the operation of a scheduled-service bus or a designated passenger public service vehicle only to the extent that the clause relates

(i) to the safe condition of the vehicle and its equipment and to its safe operation, or

(ii) to the motor carrier's compliance with the requirements of this Part concerning notice requirements about adjustments in time schedules, routes or fares.

4(1)        Clause 290(2)(b) is amended by striking out "criteria relating to fitness prescribed by the transport board" and substituting "safety fitness criteria prescribed under subsection (9)".

4(2)        The following is added before subsection 290(2.2):

Exception for scheduled-service buses and designated passenger p.s.v.'s

290(2.1.2)  On and after July 1, 2012, clause (2)(a) does not apply to the operation of a scheduled-service bus or a designated passenger public service vehicle.

4(3)        Subsection 290(2.2) is amended by striking out "criteria relating to safety fitness prescribed by regulation by the transport board" and substituting "safety fitness criteria prescribed under subsection (9) and holds a valid safety fitness certificate issued under the regulations".

4(4)        The following is added after subsection 290(2.2):

Operating p.s.v. without safety fitness certificate

290(2.3)     A motor carrier must not operate a public service vehicle, or permit it to be driven on a highway, unless the motor carrier holds a valid safety fitness certificate issued under the regulations.

4(5)        The section heading for subsection 290(3.3) is replaced with "Effect and application of subsection (3): p.s.v.'s transporting property only".

4(6)        The following is added before subsection 290(4):

Effect and application of subsection (3): scheduled-service buses and designated passenger p.s.v.'s

290(3.6)    Despite subsection (3),

(a) on and after July 1, 2012, no certificate that contains a condition with respect to any matter referred to in

(i) clause 281(1)(c), (e), (f), (j) or (m) shall be issued in relation to a scheduled-service bus or a designated passenger public service vehicle, or

(ii) clause 281(1)(b), (g), (h) or (i) shall be issued in relation to a scheduled-service bus or a designated passenger public service vehicle, except to the extent that the matter relates to the safe condition of the vehicle or its equipment or to its safe operation;

(b)  any condition with respect to any matter referred to in clause 281(1)(c), (e), (f), (j) or (m) in a subsisting certificate for a scheduled-service bus ceases to have effect on June 30, 2012; and

(c)  any condition with respect to any matter referred to in clause 281(1)(b), (g), (h) or (i) in a subsisting certificate for a scheduled-service bus ceases to have effect on June 30, 2012, except to the extent that the matter relates to the safe condition of the vehicle or its equipment or to its safe operation.

4(7)        The following is added after subsection 290(4):

Exception for scheduled-service buses and designated passenger p.s.v.'s

290(4.1)    Despite subsection (4),

(a) on or after July 1, 2012, that subsection does not apply to a certificate issued for the operation of a scheduled-service bus or a designated passenger public service vehicle; and

(b) any condition with respect to a matter referred to in that subsection in a subsisting certificate for a scheduled-service bus ceases to have effect on June 30, 2012.

4(8)        The following is added after subsection 290(8):

Regulations re safety fitness criteria and certificates

290(9)      The Lieutenant Governor in Council may make regulations

(a) prescribing safety fitness criteria for motor carriers;

(b) respecting safety fitness certificates.

5           The following is added before section 291:

Application of s. 291 and 292 to scheduled-service buses and designated passenger p.s.v.'s

290.4       Despite sections 291 and 292,

(a) any tariff of maximum tolls or fixed or minimum toll in respect of a scheduled-service bus in effect on June 30, 2012, continues, despite clause (b), to have effect until July 31, 2012, but ceases to have effect on the last-mentioned day; and

(b) on and after July 1, 2012, no tariff of maximum tolls shall be established, and no fixed or minimum toll shall be prescribed, by the transport board in respect of a scheduled-service bus or a designated passenger public service vehicle.

Service adjustments re scheduled-service buses and designated passenger p.s.v.'s

290.5(1)    If it complies with the regulations made under subsection (2), a motor carrier that operates a scheduled-service bus or designated passenger public service vehicle may adjust any of the following:

(a) the time schedule on which the vehicle is operated;

(b) the routes served by the vehicle;

(c) the fares charged for any trip.

Regulations respecting service adjustments

290.5(2)    The Lieutenant Governor in Council may make regulations

(a) respecting the service adjustments described in subsection (1), including

(i) governing how and when a motor carrier may make a service adjustment,

(ii) prescribing the period of notice that a motor carrier must give before making a service adjustment or different periods of notice for different service adjustments,

(iii) prescribing other requirements about the notice that a motor carrier must give before implementing an adjustment,

(iv) governing the manner in which a motor carrier must give notice about an upcoming service adjustment and specifying to whom the notice must be given, and

(v) specifying the content of notices;

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

Regulations regarding fares charged for passengers transported under provincial programs

290.6       If the Lieutenant Governor in Council considers that a fare charged by a motor carrier that operates scheduled-service buses detrimentally affects the fiscal sustainability of a program under which passengers are transported at the government's expense, the Lieutenant Governor in Council may make regulations

(a) prescribing a fixed fare that is payable by the government to the motor carrier for the transportation of a passenger under the program;

(b) prohibiting the motor carrier from charging a fare other than the prescribed fare for transporting such a passenger.

6           The following is added after subsection 292.2(2):

Non-application to certain passenger tolls

292.2(3)    This section does not apply to tolls charged for the transportation of passengers in a schedule-service bus or designated passenger public service vehicle.

7(1)        Subsection 294(3) is amended by striking out "criteria relating to fitness prescribed by the transport board" and substituting "safety fitness criteria prescribed under subsection 290(9)".

7(2)        The following is added before section 295:

Application of subsection (2) to scheduled-service buses and designated passenger p.s.v.'s

294(5)      On and after July 1, 2012, subsection (2) does not apply to a certificate issued for the operation of a scheduled-service bus or a designated passenger public service vehicle.

Refusal of renewal: scheduled-service buses and designated passenger p.s.v.'s

294(6)      The transport board may refuse to renew a certificate for a scheduled-service bus or designated passenger public service vehicle, or the portion of a certificate that relates to either kind of vehicle,

(a) if the motor carrier does not meet the safety fitness criteria prescribed under subsection 290(9) or hold a valid safety fitness certificate issued under the regulations; or

(b) if, after hearing parties interested, the transport board is satisfied that the motor carrier has failed to comply with a provision of a regulation made under subsection 290.5(2).

8(1)        Subsection 299(1) is replaced with the following:

Restrictions on abandonment of service

299(1)      A motor carrier operating under a certificate must not abandon or discontinue any service established under this Part

(a) in the case of the operation of a scheduled-service bus or designated passenger public service vehicle, without complying with the regulations made under subsection 290.5(2); or

(b) in any other case, without the authority of the transport board.

8(2)        The following is added after subsection 299(2):

Exception: scheduled-service buses and designated passenger p.s.v.'s

299(3)      On and after July 1, 2012, subsection (2) does not apply to the operation of a scheduled-service bus or a designated passenger public service vehicle.

9           Section 300 is amended by adding the following subsection:

Exception to subsection (4): scheduled-service buses and designated passenger p.s.v.'s

300(4.3)    On and after July 1, 2012, subsection (4) does not apply to a certificate issued for the operation of a scheduled-service bus or a designated passenger public service vehicle.

10          Section 312 is repealed.

11          The following is added after clause 319(1)(ttt):

(ttt.1) respecting the designation of passenger public service vehicles as designated passenger public service vehicles for the purpose of Part VIII;

Transitional provision

12          Despite clauses 290.5(1)(a) and (b) of The Highway Traffic Act, as enacted by section 5 of this Act, a motor carrier that operates a scheduled-service bus and is a party to a service-maintenance agreement with the Province of Manitoba may, on any day in July 2012, make an adjustment described in either of those clauses as long as the motor carrier is in compliance with the terms of the agreement.

Consequential amendment, S.M. 1997, c. 37 (unproclaimed)

13          Subsection 294(4) of The Highway Traffic Act, as enacted by section 32 of S.M. 1997, c. 37, is amended by striking out "criteria relating to fitness prescribed by the transport board" and substituting "safety fitness criteria prescribed under subsection 290(9)".

Coming into force

14          This Act comes into force on the day it receives royal assent.