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S.M. 2013, c. 7
Bill 21, 2nd Session, 40th Legislature
The Highway Traffic Amendment Act (Impoundment of Vehicles — Ignition-Interlock Program)
(Assented to September 13, 2013)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Highway Traffic Act is amended by this Act.
2(1) Subsection 225(5) is amended
(a) by replacing the section heading with "Offence and penalty — suspended and other prohibited driving"; and
2(2) Subsection 225(6) is replaced with the following:
225(6) A prosecution for a contravention of subsections (1) to (4.1), or of subsection 279.1(5) or (5.1) (restricted licence contraventions), may be commenced within two years after the day the alleged offence was committed.
3 The following is added after clause 241(1)(l):
4(1) Subsection 242.1(1.1) is amended
(a) by replacing clause (a) with the following:
(a) that a person who was operating the vehicle contravened subsection 225(1) or (1.1) (suspended and other prohibited driving) or 279.1(5) or (5.1) (restricted licence contraventions) of this Act or subsection 259(4) (operation while disqualified) of the Criminal Code;
4(2) Clauses 242.1(7.1)(a) and (7.1.1)(a) of the English version are amended by striking out "(driving disqualified)" and substituting "(suspended and other prohibited driving)".
5(1) The definition "restricted licence" in subsection 279.1(1) is amended
(a) in clause (b), by adding ", in specified circumstances," after "holder"; and
5(2) The following is added after subsection 279.1(1.3):
279.1(1.4) Despite subsections (1.2) and (1.3), a restricted licence
(a) issued for the purpose of subsection (1.2) may permit the licence holder to drive a motor vehicle, in the course of the holder's employment, that is owned, leased or rented by the employer and is not equipped with an approved ignition-interlock device if the registrar is satisfied that permitting the holder to drive it is necessary for him or her to be employed; and
(b) issued for the purpose of subsection (1.3) may permit the licence holder to drive a motor vehicle that is owned, leased or rented by the holder's employer and is not equipped with an approved ignition-interlock device if the appeal board has given the holder that permission.
5(3) Subsection 279.1(5) is replaced with the following:
279.1(5) A person who holds a restricted licence must not
(a) drive a motor vehicle contrary to the requirements of the ignition-interlock program;
(b) drive a motor vehicle that is equipped with an approved ignition-interlock device that is not functioning properly or has been tampered with, interfered with or disabled; or
(c) drive a motor vehicle that is not equipped with an approved ignition-interlock device except in such circumstances as the licence permits.
279.1(5.1) When subsection (1.2) or (1.3) and the regulations limit the registrar to issuing only a restricted licence to a person, the person must not drive a motor vehicle unless the person holds a valid restricted licence.
279.1(5.2) Subsection 225(5) (offence and penalty) applies to a person who contravenes subsection (5) or (5.1).
6 Subsection 279.2(3) is amended
(a) by striking out ", in accordance with an order of the appeal board under subsection 279(22),"; and
(b) by adding "if the employee's restricted licence allows the employee to drive the motor vehicle" at the end.
7 This Act comes into force on a day to be fixed by proclamation.