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The Drivers and Vehicles Amendment and Highway Traffic Amendment Act

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S.M. 2018, c. 12

Bill 17, 3 rd Session, 41st Legislature

The Drivers and Vehicles Amendment and Highway Traffic Amendment Act

Explanatory Note

This note is a reader's aid and is not part of the law.

This Act amends The Drivers and Vehicles Act to make the offence of careless driving under The Highway Traffic Act an offence that must be reported to the Registrar of Motor Vehicles. The report enables the Registrar to proceed with driver improvement measures if warranted.

The Act also amends The Highway Traffic Act to require a three-day roadside licence suspension when a driver is charged with prohibited use of a cell phone or similar hand-held communication device while driving. For a second or subsequent offence in a 10-year period, the suspension period is increased to 7 days.

A driver whose licence is suspended receives a temporary driving permit valid until the end of the next day. The suspension for that person takes effect once the temporary permit expires.

The suspension may not be appealed to the Registrar of Motor Vehicles or to the Licence Suspension Appeal Board.

(Assented to June 4, 2018)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

THE DRIVERS AND VEHICLES ACT

C.C.S.M. c. D104 amended

1           The Drivers and Vehicles Act is amended by this Part.

2           The definition "driver's licence" in subsection 1(1) is amended in clause (b) by adding "265.2(1) or" after "temporary permit under subsection".

3           Clause 125(6)(b) is amended by adding the following as subclause (iii.1):

(iii.1) a contravention of subsection 188(2) (careless driving),

PART 2

THE HIGHWAY TRAFFIC ACT

C.C.S.M. c. H60 amended

4           The Highway Traffic Act is amended by this Part.

5           The definition "driver's licence" in subsection 1(1) is amended in clause (b) by adding "265.2(1) or" after "temporary permit under subsection".

6           Subsections 225(1.1) and (5.2) are amended by striking out "or 265" wherever it occurs and substituting ", 265 or 265.2".

7           The following is added after section 265.1:

Licence suspension for use of hand-operated electronic device

265.2(1)    If a peace officer reasonably believes that the driver of a vehicle is in contravention of section 215.1 (use of hand-operated electronic device), the peace officer must, on the registrar's behalf, take whichever of the following actions applies to the person:

(a) if the person holds a valid driver's licence issued under The Drivers and Vehicles Act, the peace officer must

(i) take possession of it,

(ii) issue a temporary driving permit to the person, and

(iii) by serving a suspension and disqualification order on the person, suspend the driver's licence and disqualify the person from driving a vehicle in Manitoba for the period determined under subsection (6);

(b) if the person holds a valid out-of-province driving permit, the peace officer must

(i) issue a temporary driving permit to the person, and

(ii) by serving a suspension and disqualification order on the person, disqualify the person from holding a driver's licence or driving a vehicle in Manitoba for the period determined under subsection (6);

(c) if the person does not hold a valid driver's licence or out-of-province driving permit, the peace officer must, by serving a suspension and disqualification order on the person, disqualify the person from holding a driver's licence or driving a vehicle in Manitoba for the period determined under subsection (6).

Temporary driving permit

265.2(2)    A temporary driving permit issued by a peace officer under subclause (1)(a)(ii) or (b)(i)

(a) takes effect when it is issued;

(b) expires at the end of the day following the day on which it is issued; and

(c) is subject to the same conditions and restrictions as the person's driver's licence or out-of-province driving permit, as the case may be.

Documents to be sent to registrar

265.2(3)    A peace officer who serves a suspension and disqualification order under subsection (1) must, without delay, send to the registrar

(a) a copy of the temporary driving permit, if one was issued by the peace officer;

(b) a copy of the completed order; and

(c) a report sworn or solemnly affirmed by the peace officer.

Use of required forms

265.2(4)    A temporary driving permit, suspension and disqualification order and peace officer's report under this section must be in the form, contain the information and be completed in the manner required by the registrar.

Duty to surrender driver's licence

265.2(5)    On being served with a suspension and disqualification order, a person must without delay surrender their driver's licence to the peace officer, but the driver's licence is suspended whether or not the person surrenders it.

Length of suspension period

265.2(6)    A suspension and disqualification order issued under this section takes effect immediately upon being served, and, subject to subsection (7), the suspension and disqualification period is as follows:

(a) if the order is the first order under this section that has been served on the person within the previous 10 years, the suspension and disqualification period is 3 days beginning

(i) on the day following the day on which the temporary driving permit issued by the peace officer expires, or

(ii) on the day the order is served on the person if no temporary driving permit is issued under this section;

(b) if the order is the second order or more that has been served on the person within the previous 10 years, the suspension and disqualification period is 7 days beginning

(i) on the day following the day on which the temporary driving permit issued by the peace officer expires, or

(ii) on the day the order is served on the person if no temporary driving permit is issued under this section.

Suspension period when number of previous orders unclear

265.2(7)    If, at the time the peace officer prepares a suspension and disqualification order under this section, the peace officer believes that they lack the necessary information to reliably determine how many previous orders have been served,

(a) the suspension and disqualification order must state that

(i) the suspension period is 3 days or, if it is the second order or more served on the recipient within the previous 10 years, 7 days, and

(ii) as soon as practicable, the registrar will by letter confirm whether the suspension and disqualification period is 3 days or 7 days; and

(b) the peace officer must notify the registrar, in the manner that the registrar requires, that the peace officer believes they lacked the necessary information to reliably determine how many previous suspension and disqualification orders were served in the relevant 10-year period.

Confirmation of suspension period by registrar

265.2(8)    In a case referred to in subsection (7), the registrar must, without delay upon receiving the copy of the suspension and disqualification order,

(a) determine the number of orders served on the person during the relevant 10-year period; and

(b) send the person a letter confirming the length of the suspension period and stating the facts upon which the determination under clause (a) is based.

Service of registrar's letter

265.2(9)    The registrar's letter must be personally served or sent by registered or certified mail addressed to the person at their address as shown in the suspension and disqualification order, and when sent to the person in that manner there is a rebuttable presumption that the notice was received by that person.

Return of driver's licence

265.2(10)    When a suspension and disqualification period under this section ends, the surrendered driver's licence must be returned without delay to the licence holder except when the person is otherwise not eligible to hold a driver's licence.

Reinstatement charges

265.2(11)    A person whose driver's licence is suspended under this section or who is disqualified under this section from driving a vehicle in Manitoba must pay the reinstatement charge specified in relation to this section in the regulations made under section 331.

Removal of vehicle

265.2(12)    A peace officer may remove and store the vehicle of any person who is disqualified from driving under this section and who is not issued a temporary driving permit, and any trailer or other towed equipment attached to the vehicle, or may cause the vehicle and any trailer or other towed equipment attached to it to be removed or stored, if the vehicle is at a place from which, in the opinion of the peace officer, it ought to be removed and there is no person available who may lawfully remove it.

Costs of removal and storage

265.2(13)    The costs and charges incurred in removing and storing a vehicle and any trailer or other towed equipment under subsection (12) are a lien on the vehicle and trailer or other towed equipment that may be enforced under The Garage Keepers Act by the person who moved or stored the vehicle and trailer or other towed equipment at the request of the peace officer.

8           Subsection 279(3) is amended by striking out "or" at the end of clause (b.1) and adding the following after clause (b.1):

(b.2) an action taken by a peace officer under section 265.2 (use of hand-operated electronic device); or

CONDITIONAL AMENDMENTS

Conditional amendments — Highway Traffic Act

9(1)        This section applies if Bill 12, introduced in the Third Session of the 41st Legislature and titled The Red Tape Reduction and Government Efficiency Act, 2018, receives royal assent before section 7 of this Act comes into force.

9(2)        Subsection 265.2(9), as set out in section 7 of this Act, is replaced with the following:

Service of registrar's letter

265.2(9)    The registrar's letter must be given to the person

(a) by personal service;

(b) by registered mail sent to the person's address as shown in the suspension and disqualification order;

(c) by e-mail sent to the e-mail address provided by the person to the registrar for the delivery of notices under this Act; or

(d) in accordance with a method specified by regulation.

9(3)        Sections 11 and 12 are renumbered as sections 12 and 13 and the following is added as section 11 of this Act and before the heading for Part 3:

11 Clause 330.3(a) of The Highway Traffic Act is amended by adding "265.2(9)(d)," after "263.2(13)(c),".

9(4)        This section comes into force on the later of the following days:

(a) the day this Act receives royal assent;

(b) the day that Bill 12 receives royal assent.

Conditional amendments — Red Tape Reduction and Government Efficiency Act, 2018

10(1)       This section applies if section 7 of this Act comes into force before Bill 12, introduced in the Third Session of the 41st Legislature and titled The Red Tape Reduction and Government Efficiency Act, 2018, receives royal assent.

10(2)       Subsection 265.2(9) of The Highway Traffic Act is replaced with the following:

Service of registrar's letter

265.2(9)    The registrar's letter must be given to the person

(a) by personal service;

(b) by registered mail sent to the person's address as shown in the suspension and disqualification order;

(c) by e-mail sent to the e-mail address provided by the person to the registrar for the delivery of notices under this Act; or

(d) in accordance with a method specified by regulation.

10(3)       Clause 330.3(a) of The Highway Traffic Act is amended by adding "265.2(9)(d)," after "263.2(13)(c),".

10(4)       This section comes into force on the day that Bill 12 receives royal assent.

PART 3

CONSEQUENTIAL AMENDMENT AND COMING INTO FORCE

Consequential amendment, C.C.S.M. c. P215

11          The definition "permit" in subsection 1(1) of The Manitoba Public Insurance Corporation Act is amended in clause (a) by striking out "subsection 263.1(1.2)" and substituting "subsection 265.2(1)".

Coming into force

12          Subject to subsections 9(4) and 10(4), this Act comes into force on a day to be fixed by proclamation.