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C.C.S.M. c. H60
The Highway Traffic Act
| Table of Contents | Regulations |
| Sections: 1 - 73 | 74 - 152 | 153 - 240 | 241 - 337 |
PART IV
CONTROL OF TRAFFIC, SPEED, RULES OF THE ROAD, BICYCLES
DIVISION I
CONTROL OF TRAFFIC
74(1) Unless the context otherwise requires,
(a) the provisions of this Part relating to the operation of vehicles refer only to the operation of vehicles upon a highway;
(b) this Part does not apply to persons, vehicles, and other equipment while actually engaged in highway construction or maintenance work upon, under, or over, the surface of a highway while at the site of the work, when it is reasonably necessary for the purposes of the construction or work that this Part be not complied with or be contravened; but it does apply to them when travelling to or from the site of the work; and
(c) a person riding an animal or driving an animal-drawn vehicle upon a highway has all the rights, and is subject to all the duties, that a driver of a vehicle has under this Part.
74(2) Where, in order to do the maintenance work for which a machine or vehicle is being used, it is being driven, drawn, or propelled along a highway, it shall be deemed to be at the site of that maintenance work.
75 A pedestrian or the operator of a bicycle or power-assisted bicycle who is entering, crossing or proceeding along a highway shall, at all times, do so with due caution, care and attention, taking into account the traffic on the highway at the time.
BY PEACE OFFICER
Peace officer may direct traffic
76 Where a peace officer considers it reasonably necessary
(a) to ensure the orderly movement of traffic,
(b) to prevent injury or damage to persons or property, or
(c) to permit proper action in any emergency,
the officer may direct pedestrians and vehicles or erect temporary traffic control devices and every person shall obey the officer's directions and the control devices.
S.M. 1989-90, c. 4, s. 3.
Peace officer may stop vehicles
76.1(1) A peace officer, in the lawful execution of his or her duties and responsibilities, may require the driver of a vehicle to stop, and the driver of the vehicle, when signalled or requested to stop by a peace officer who is readily identifiable as such, shall immediately come to a safe stop and remain stopped until permitted by the peace officer to depart.
76.1(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000. or imprisonment for a term of not more than one year, or both.
76.1(3) In addition to imposing any penalty under subsection (2), the convicting judge or justice may
(a) suspend the person's licence for a term of not more than one year; or
(b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction,
(i) the person does not hold a licence, or
(ii) the person's licence is suspended or he or she is disqualified from holding a licence.
Peace officer's authority — driver information
76.1(4) Without limiting the generality of subsection (1), a peace officer may, at any time when a driver is stopped,
(a) require the driver to give his or her name, date of birth and address to the officer;
(b) require the driver to produce his or her licence, and the vehicle's insurance certificate and registration card and any other document respecting the vehicle that the peace officer considers necessary;
(c) inspect any item produced under clause (b);
(d) request information from the driver about whether and to what extent the driver consumed alcohol or drugs before or while driving;
(e) require the driver to go through a field sobriety test under section 76.2;
(f) request information from the driver about whether and to what extent the driver is experiencing a physical or mental condition that may affect his or her driving ability; and
(g) inspect the vehicle's mechanical condition and request information from the driver about it.
Peace officer's authority — passenger information
76.1(5) For the purpose of enforcing any provision of this Act or the regulations, a peace officer may require a vehicle's passenger to give his or her name, date of birth and address to the officer.
76.1(6) A peace officer is not required to inform a driver or passenger of his or her right to counsel, or to give the driver or passenger the opportunity to consult counsel, before doing anything subsection (4) or (5) authorizes.
Peace officer's authority unaffected
76.1(7) Nothing in this section limits or negates a peace officer's authority to request information from a driver or passenger or to make any observations of a driver or passenger that are necessary for the purposes of road safety enforcement.
S.M. 1989-90, c. 4, s. 3; S.M. 2002, c. 40, s. 6; S.M. 2004, c. 11, s. 3.
Peace officer may conduct field sobriety test
76.2(1) On demand, a peace officer may require the driver of a vehicle to go through a field sobriety test if the peace officer reasonably suspects that the driver
(a) has alcohol in his or her body; or
(b) has in his or her body a drug or other substance of a kind or in a quantity that interferes or may interfere with his or her ability to drive.
Driver must go through field sobriety test
76.2(2) The driver shall without delay go through the test according to the peace officer's instructions.
Regulations respecting field sobriety tests
76.2(3) The Lieutenant Governor in Council may make regulations respecting field sobriety tests, including, but not limited to, regulations
(a) approving a test or group of tests as a field sobriety test;
(b) respecting how peace officers are to conduct field sobriety tests.
BY TRAFFIC AUTHORITIES
Erection of traffic control devices
77(1) The traffic authority shall erect and maintain such traffic control devices as are reasonably necessary to make known to drivers of motor vehicles the maximum rate of speed permissible on any part of a highway; and the traffic control devices shall be erected and maintained in such a way that they face traffic
(a) entering the section of highway where the maximum rate of speed begins; and
(b) at intervals, over the length of highway to which they apply.
Restricted speed area sign for Winnipeg
77(2) The City of Winnipeg may cause to be erected on any highway running from Provincial Trunk Highway 100 or 101, in or towards a restricted speed area lying in the area bounded by those Provincial Trunk Highways, and at the beginning of that restricted speed area,
(a) a sign facing traffic that is entering that restricted speed area, indicating that the maximum speed permissible in the restricted speed area is 50 kilometres an hour unless otherwise indicated; and
(b) a sign facing traffic that is leaving the restricted speed area to proceed on the highway toward Provincial Trunk Highway 100 or 101, indicating that the traffic, at that place, has left or is about to leave, the restricted speed area.
77(3) In the case of a highway or portion thereof designated under subsection 97(1), it is sufficient compliance with subsection (1) if there is erected, at each end of the highway or portion thereof,
(a) a sign facing traffic entering the designated highway or portion thereof and indicating that the maximum speed permissible therein is 50 kilometres per hour; and
(b) a sign facing traffic leaving the designated highway or portion thereof and indicating that that the maximum speed to which reference is made in clause (a) is not thereafter applicable.
Signs in restricted speed areas
77(4) Where, in a municipality that is otherwise wholly within a restricted speed area, there is or are one or more highways,
(a) on which a rate of speed greater than 50 kilometres per hour is permissible; and
(b) in respect of which traffic control devices are in place as required under subsection (1);
it is a sufficient compliance with subsection (1) if there are erected, at each point where a highway to which clause (a) applies crosses the boundary of the municipality,
(c) a sign facing traffic entering the municipality, and indicating that the maximum speed permissible in the municipality is 50 kilometres per hour unless otherwise indicated; and
(d) a sign facing traffic leaving the municipality, and indicating that the traffic is at that point leaving the municipality.
Signs affecting speed in back lanes
77(5) Where a municipality has by by-law, made under section 103, fixed a lower rate of speed on back lanes than the speed permissible under subsection 95(1), it is sufficient compliance with subsection (1) if the municipality erects, at each point where a highway crosses the boundary of the municipality or in the case of The City of Winnipeg in accordance with subsection (2), a sign, of the type approved by the traffic board, facing traffic entering the municipality or the city indicating the maximum rate of speed permissible on back lanes in the municipality.
Fixing of lower rate of speed by traffic authority
77(6) Where a traffic authority or the traffic board has by by-law, order or regulation made under section 98, 103 or 104 fixed a lower rate of speed on highways situated within a park, resort or community than the speed permissible under subsection 95(1), it is sufficient compliance with this section if the traffic authority erects at each point of a highway entering the park, resort or community as described in the by-law, order or regulation, a sign of the type approved by The Highway Traffic Board, facing traffic entering the park, resort or community indicating the maximum speed permissible and a sign facing traffic leaving the park, resort or community indicating that the traffic is at that point leaving the park, resort or community.
Signs where construction work in progress
77(7) Where any portion of a highway is under construction, or where any reconstruction, widening, marking, repair thereof or other work with respect thereto is being carried on, the traffic authority may erect, not further from each end of that portion of the highway than 450 metres,
(a) a traffic control device facing traffic entering upon the highway or portion thereof
(i) which shall indicate that work of some of the kinds mentioned in this subsection is being done on the highway or portion thereof, and
(ii) of which the design and dimensions have been approved as provided in section 81; and
(b) a traffic control device facing traffic leaving the highway or portion thereof,
(i) which shall indicate that the highway or portion thereof to which the traffic control device mentioned in clause (a) relates ends at that place, and
(ii) of which the design and dimensions have been approved as provided in section 81.
Signs indicating workers or equipment are present
77(7.1) A traffic control device erected under clause (7)(a), or another traffic control device the traffic authority erects adjacent to it or before any part of the construction zone where workers may be present or using equipment, may indicate
(a) that workers are present or using equipment in the construction zone; and
(b) that, while workers are present or using equipment in the construction zone, travel on the highway is prohibited, or traffic must proceed on the highway only in the manner or at the permissible speed indicated by the traffic control device.
77(8) If the government enters into an agreement with a contractor to construct or repair part or all of a provincial highway, the minister may authorize or require the contractor to exercise the minister's authority to erect traffic control devices on the highway under subsection (7) or (7.1). The minister may require the contractor to alter or remove any traffic control devices the contractor erects.
77(9) Where, under subsections (7) and (8), or either of those subsections, a traffic authority or a contractor has erected traffic control devices, when the work that is being done on the highway or any portion thereof is sufficiently completed to render it unnecessary for the traffic control devices to remain thereon, the traffic authority or the contractor, as the case may be, shall cause the traffic control devices to be removed.
77(10) In this section, "flagman" means a person employed by a traffic authority, or a contractor doing work on behalf of a traffic authority, for the purpose of directing the movement of traffic on any portion of a highway under construction, or where repair work or other work is being carried on.
Observance of flagman's directions
77(11) Every driver of a vehicle shall obey and observe the directions given by a flagman.
S.M. 1986-87, c. 14, s. 17; S.M. 2001, c. 43, s. 44; S.M. 2004, c. 30, s. 7.
78 Repealed.
Erection of "stop" or "arrêt" signs
79(1) A traffic authority may erect a "stop" or "arrêt" sign at an intersection or level railway crossing within the area over which the traffic authority has jurisdiction.
Illumination of "stop" or "arrêt" signs
79(2) Every "stop" or "arrêt" sign erected under subsection (1) shall be reflectorized and so placed as to be illuminated by the headlights of an approaching vehicle.
Traffic control devices to prohibit standing, etc.
79(3) A traffic authority may erect appropriate traffic control devices on any highway
(a) to prohibit the stopping, standing, or parking of vehicles any time, or during hours stated on the traffic control devices, on the highway or any portion thereof; or
(b) to limit the time during which the vehicles may be parked on the highway or any portion thereof, and either during the whole of any day or during a part thereof as the traffic authority may consider necessary.
Erection of traffic control signals
79(4) A traffic authority may, at its discretion, erect and maintain traffic control signals of any of the kinds to which this section or section 88 applies at such places within the jurisdiction of the traffic authority as it may select.
Erection of other traffic control devices
79(5) A traffic authority may erect, on or adjacent to any highway over which it has jurisdiction, such other traffic control devices, in addition to those specifically authorized or required under this Act, as are necessary or advisable for the control of traffic in a manner required, authorized, or permitted under this Act, or as are necessary to give effect to any by-law or order that the traffic authority has power to make.
Temporary traffic control devices
79(6) A traffic authority or any person authorized by it may, in an emergency or while work of construction, repair, or painting is being carried on, place and maintain, or cause to be placed and maintained, or put into operation, such temporary traffic control devices as are required, while those conditions prevail, to control, regulate, or guide traffic in an orderly manner.
79(7) Where a traffic authority has erected at an intersection four "stop" or "arrêt" signs, it shall cause a sign approved by the traffic board to be displayed immediately below each "stop" or "arrêt" sign at the intersection that indicates that the intersection is controlled by four "stop" or "arrêt" signs.
PRESUMPTIONS
Presumption of proper erection of traffic control devices
80 The existence on a highway of a sign, marking, poster, notice, or traffic control device such as is required or permitted by this Act, purporting to regulate the use of the highway in any manner, raises the prima facie presumption that the sign, marking, poster, notice, or traffic control device was duly erected and maintained by the proper authority pursuant to the power given by this Act and in accordance therewith.
TRAFFIC CONTROL DEVICES
Approval of traffic control devices
81 No traffic control device shall be erected on a highway by any traffic authority, unless the design and dimensions thereof have been first approved by the traffic board, or by a person authorized by it in writing to give such an approval, or, in the case of provincial highways, by the minister.
82(1) No person shall erect or maintain, upon or in view of a highway, a device that purports to be, resembles, or interferes with the effectiveness of, a traffic control device unless he is authorized to do so by a traffic authority; and if such a device is erected or maintained without that authority, it may be removed by, or under the authority of,
(a) the mayor, reeve, or chief constable of the municipality in which it is situated; or
(b) the officer in command in Manitoba of the Royal Canadian Mounted Police Force; or
(c) the minister where it is situated on a highway in respect of which the minister is the traffic authority;
or the representative of any of them duly authorized by him for that purpose.
82(2) Any person who deems himself aggrieved by the removal, under subsection (1), of a device, may appeal against the removal to the traffic board; and that board, on being satisfied that at least seven days notice in writing has been given to each other person concerned, shall hear the appeal and such relevant evidence as may be tendered with respect to the matter, and shall decide whether the removal was justified and make an order accordingly including, if deemed right, an order for the restoration of the device to the place whence it was removed.
82(3) An order made under subsection (2) is final and not subject to further appeal; and all persons concerned shall comply therewith.
83 No person shall place or maintain commercial advertising upon a traffic control device.
84(1) A traffic authority may, by a traffic control device, designate all or a portion of a roadway as a zone in which overtaking and passing is prohibited or a zone limited to driving on the right-hand side of the roadway.
84(2) A traffic authority may, by a traffic control device, designate a roadway for one-way traffic and indicate the direction in which traffic thereon shall travel.
Compliance with traffic control devices
85 Except when otherwise directed by a peace officer, every person shall obey the instructions or directions on, or conveyed by means of, an applicable traffic control device.
RESTRICTIONS ON USE OF HIGHWAY
Restrictions on use of highways and structures
86(1) The traffic authority of a highway may, with or without conditions,
(a) prohibit vehicles from using part or all of the highway or a structure forming part of it;
(b) restrict the allowable dimensions of vehicles that use part or all of the highway or a structure forming part of it;
(c) restrict the allowable weight of vehicles that use part or all of the highway or a structure forming part of it; or
(d) restrict the use of part or all of the highway or a structure forming part of it.
Action by minister as traffic authority
86(2) When the minister, as traffic authority for a highway, imposes a prohibition or restriction under subsection (1), he or she shall
(a) if the prohibition or restriction is for one year or less, impose it by order; and
(b) if the prohibition or restriction is for longer than one year, impose it by regulation.
Action by municipality as traffic authority
86(3) When a municipality, a local government district or the council of a band, as traffic authority for a highway, imposes a prohibition or restriction under subsection (1), it shall
(a) if the prohibition or restriction is for one year or less, impose it by resolution; and
(b) if the prohibition or restriction is for longer than one year, impose it by by-law.
Order or resolution must state closure period
86(4) An order under clause (2)(a) or resolution under clause (3)(a) must state the period of the prohibition or restriction.
By-law increasing allowable weight
86(5) A municipality, a local government district or the council of a band, as the traffic authority of a highway, may, by by-law, increase the allowable weight of vehicles that use part or all of the highway or a structure forming part of it.
Traffic board must approve by-law
86(5.1) A prohibition or restriction imposed under clause (3)(b) or an increase in allowable weight under subsection (5) does not take effect until the traffic board approves the by-law.
Regulations Act does not apply
86(5.2) The Regulations Act does not apply to an order made by the minister under clause (2)(a).
86(5.3) A traffic authority shall erect and maintain traffic control devices warning the public about a prohibition or restriction under subsection (1). The devices must be erected and maintained
(a) at each end of the affected length of highway; or
(b) if the prohibition or restriction affects only a structure, at each approach to the affected structure.
86(5.4) A traffic authority that imposes a prohibition under subsection (1) shall erect and maintain adequate barricades
(a) at each end of the affected length of highway; or
(b) if the prohibition affects only a structure, at each approach to the affected structure.
Penalty for exceeding weight restrictions
86(5.5) A person who contravenes or fails to comply with a weight restriction imposed under clause (1)(c) is guilty of an offence and liable on summary conviction to a fine of $13.20 for each 50 kg, or fraction of that amount, by which the actual gross weight of the vehicle, a single axle or an axle group exceeds the maximum gross weight allowed under the restriction.
Penalty re other contraventions
86(5.6) A person who contravenes or fails to comply with a prohibition or restriction imposed under clause (1)(a), (b) or (d) is guilty of an offence and liable on summary conviction to the penalties set out in section 239.
86(5.7) The minister may make regulations respecting prohibitions and restrictions under subsection (1) that are effective for longer than one year.
Resolution or by-law affecting provincial highway
86(5.8) When a traffic authority's resolution or by-law affects a provincial highway, the resolution or by-law has no effect unless it is approved in writing by the minister or the minister's delegate, and the notice of approval is attached to and forms part of the resolution or by-law.
Highway traffic inspection stations
86(6) The traffic authority may establish at any place thereon a permanent or temporary inspection station, which shall be identified by means of a traffic control device bearing such words as may be prescribed by regulations.
86(7) When an inspection station has been established and the proper traffic control device is displayed, every driver of a truck passing the traffic control device shall proceed directly to and stop at the station for inspection and shall not proceed unless permitted to do so by the inspector or other person in charge of the station, or by a peace officer.
When trucks not required to stop
86(8) Subsection (7) does not apply when the truck is exempted by the regulations or the inspection station displays a sign indicating that it is closed.
86(9) A person who has taken a vehicle to scales or stopped a vehicle at an inspection station, as required under this section, shall render such reasonable assistance to a peace officer or inspector in the weighing or inspection of the vehicle as the peace officer or inspector requires.
86(10) For the purposes of this section a person shall be conclusively deemed to have caused or permitted a vehicle to be driven or moved if the vehicle is driven by another person who
(a) is the employee or agent of the person first mentioned; and
(b) while driving or moving the vehicle is acting within the general scope of his or her employment.
S.M. 1988-89, c. 14, s. 9; S.M. 2002, c. 40, s. 7; S.M. 2004, c. 30, s. 8; S.M. 2008, c. 3, s. 15.
VEHICLES UNDER PERMIT
Permits to move certain vehicles and property
87(1) After a request by a vehicle's owner or whenever the traffic authority of a highway considers it appropriate, the traffic authority may issue a permit authorizing a vehicle to be driven or property to be moved by a vehicle over, upon or along the highway although it is not otherwise permitted by this Act or the regulations.
Meaning of "owner" for permit purposes
87(1.1) In this section, "owner", in relation to vehicles, includes a person who, in the course of a business or other undertaking, engages the services of vehicles to carry property.
87(2) The traffic authority may impose any conditions on a permit that it considers appropriate. If the traffic authority imposes a condition, the following persons shall comply with the condition:
(a) the permit holder;
(b) a person who operates a vehicle under the permit or the owner of such a vehicle; and
(c) any other person who drives a vehicle or moves property under the permit.
87(2.1) The traffic authority may cancel a permit if
(a) the permit holder or any other person who operates, owns or drives a vehicle or moves property under the permit
(i) fails to comply with a condition of the permit, or
(ii) contravenes this Act, The Drivers and Vehicles Act or The Manitoba Public Insurance Corporation Act or the regulations under any of those Acts; or
(b) the permit holder fails to pay a fee required to be paid in respect of the permit.
87(2.2) After a permit is cancelled, the traffic authority shall notify the permit holder about the cancellation by ordinary mail sent to the mailing address the permit holder has given the traffic authority.
87(2.3) Section 276 (notice of cancellation) does not apply to a permit issued under this section.
Peace officer's demand re permit
87(3) After a demand from a peace officer, a person who drives a vehicle or moves property under a permit issued under this section shall produce the permit for the officer's inspection or, if the person is not carrying the permit, give the officer the permit number.
Detention and removal of vehicles and property
87(4) Where a vehicle or property in respect of which a permit is issued under subsection (1) is driven or moved over, upon, or along, a highway in contravention of conditions imposed in granting the permit, a peace officer may detain the vehicle or property and may remove it, or cause it to be removed, from the highway at the expense of the owner thereof.
Actions for damages prohibited
87(5) No action lies against a peace officer or against the government or a municipality for loss or damage suffered by any person resulting from the enforcement of, or compliance with, subsection (4).
87(6) A traffic authority may issue a permit under subsection (1)
(a) authorizing the driving of a vehicle identified in the permit or the moving of property described in the permit
(i) during one particular journey by a route specified in the permit, and
(ii) during a period specified in the permit or without limitation as to time; or
(b) authorizing the driving of vehicles or the moving of property of a kind or nature specified in the permit, during such period as may be specified in the permit or without limitation as to time.
87(7) A person who wishes to obtain a permit under this section or, if applicable, who holds a permit issued under this section, shall pay the traffic authority the charge specified in the regulations.
87(8) Repealed, S.M. 2002, c. 40, s. 8.
S.M. 2002, c. 40, s. 8; S.M. 2004, c. 8, s. 7; S.M. 2005, c. 37, Sch. B, s. 26.
TRAFFIC CONTROL SIGNALS
Compliance with traffic control signals
88(1) Every driver and every pedestrian shall obey the instructions of a traffic control signal in accordance with this section, unless directed to do otherwise by a peace officer.
Exception for separate signal assembly for left turn
88(1.1) Notwithstanding anything in this section, when there is a signal assembly at an intersection for the left turn movement of vehicles that is separate from the signal assembly for the through and right turn movement of vehicles, the driver of a vehicle at or approaching the intersection and intending to turn left shall obey the instructions of the traffic control device governing the left turn movement of vehicles only.
88(2) Where, at any place on a highway, it is permissible for a pedestrian to cross the highway, he shall do so in the crosswalk, if any, that is established at that place.
Green traffic control light at intersections
88(3) When a green traffic control light alone, either steady or flashing, is shown at an intersection by a traffic control signal,
(a) the driver of a vehicle at or approaching the intersection and facing the light, subject to section 132 and a traffic control device prohibiting any such movement,
(i) may
(A) proceed across the intersection or turn left or right, or
(B) to make a left turn, establish the vehicle in the intersection just before the centre and complete the turn when it is safe, and
(ii) shall yield the right-of-way to other traffic lawfully within the intersection or within an adjacent crosswalk at the time the light is shown; and
(b) a pedestrian facing the light may proceed, as quickly as is reasonably possible, across the roadway in the direction of the traffic control signal, subject to any pedestrian control signal directing him or her otherwise, and while so proceeding across the roadway has a right-of-way over all vehicles.
Green traffic control light not at intersections
88(4) When a green traffic control light alone is shown at a place other than an intersection by a traffic control signal, subject to section 132,
(a) the driver of a vehicle at or approaching a facing the light
(i) may proceed to pass the traffic control signal, and
(ii) shall yield the right-of-way to any pedestrian still in the roadway or on a crosswalk adjacent to the traffic control signal when the green light begins to be shown;
(b) a pedestrian facing the light may proceed as quickly as is reasonably possible across the roadway in the direction of the traffic control signal, subject to any pedestrian control signal directing him otherwise, and while so proceeding across the roadway has a right-of-way over all vehicles.
Yellow traffic control light or arrow at intersection
88(5) When a yellow or amber traffic control light or arrow is being shown at an intersection by a traffic control signal following or accompanying a green traffic control light,
(a) the driver of a vehicle at or approaching the intersection and facing the light or arrow shall not enter the intersection, unless he can leave it before a red traffic control light or such other signal as next follows, begins to be shown; and
(b) a pedestrian,
(i) if facing the light or arrow, shall not begin to cross the roadway until a pedestrian control signal or traffic control light permitting him to do so begins to be shown, and
(ii) if proceeding across, and still in, the roadway and facing such a traffic control light or arrow that begins to be displayed after he entered the roadway,
(A) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and
(B) has a right-of-way for that purpose over all vehicles.
Yellow traffic control light not at a controlled intersection
88(6) When a yellow or amber traffic control light is being shown at a place other than an intersection by a traffic control signal following or accompanying a green traffic control light,
(a) the driver of a vehicle at or approaching and facing the light shall not proceed past the traffic control signal or enter the crosswalk, if any, adjacent to the traffic control signal unless he can leave the crosswalk, if any, and be past the traffic control signal before a red traffic control light, or such other signal as next follows, begins to be shown;
(b) the pedestrian, if intending to cross the roadway, or to cross in a crosswalk, if any, adjacent to the traffic control signal, shall wait until either
(i) the traffic control signal facing the vehicular traffic shows a red traffic control light, or
(ii) a pedestrian control signal or traffic control light permitting him to cross the roadway adjacent to the traffic control signal is shown; and
(c) a pedestrian, if proceeding across, and still in, the roadway and facing such a traffic control light that begins to be shown after he entered the roadway,
(i) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and
(ii) has a right-of-way for that purpose over all vehicles.
Red traffic control light at intersection
88(7) When a red traffic control light alone or with a pedestrian control signal is shown at an intersection by a traffic control signal, subject to subsection (16),
(a) the driver of a vehicle at or approaching the intersection and facing the light or signal,
(i) shall stop the vehicle at a clearly marked stop line or, if none, then immediately before entering the crosswalk on the near side of the intersection or, if none, then immediately before entering the intersection, and
(ii) shall not proceed until a traffic control light permitting the movement of the vehicle into the intersection is shown;
(b) a pedestrian facing the light or signal shall not begin to cross the roadway until a pedestrian control signal or traffic control light permitting him to enter the roadway is shown; and
(c) a pedestrian, if proceeding across, and still in, the roadway and facing such a traffic control light or signal that begins to be shown after he entered the roadway
(i) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and
(ii) has a right-of-way for that purpose over all vehicles.
88(7.1) Despite clause (7)(a), a driver who has established his or her vehicle in an intersection to make a left turn, as permitted by paragraph (3)(a)(i)(B), and is unable to complete the turn during the green or amber light phase, may complete it when the red traffic control light or such other signal as next follows is shown.
Red traffic control light not at intersection
88(8) When a red traffic control light alone is shown at a place other than an intersection by a traffic control signal,
(a) the driver of a vehicle at or approaching and facing the light
(i) shall stop the vehicle at a clearly marked stop line or, if none, then immediately before entering the crosswalk on the near side of the light or, if none, then immediately before reaching the light, and
(ii) shall not proceed until a traffic control light permitting him to pass the traffic control signal is shown;
(b) a pedestrian facing the light shall not begin to cross the roadway until a pedestrian control signal or traffic control light permitting him to enter the roadway is shown; and
(c) a pedestrian, if proceeding across, and still in, the roadway and facing such a traffic control light that begins to be shown after he entered the roadway
(i) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and
(ii) has a right-of-way for that purpose over all vehicles.
Green arrow or green arrow with red light
88(9) When a green arrow traffic control light or a green arrow in conjunction with a red traffic control light, is shown at an intersection by a traffic control signal,
(a) the driver of a vehicle at or approaching the intersection and facing the traffic control light or green arrow
(i) may enter the intersection to make only
(A) the movement indicated by the arrow, or
(B) a U-turn if the green arrow indicates a left turn and there is no traffic control device prohibiting the movement, and
(ii) shall yield the right-of-way to other traffic lawfully within the intersection or within a crosswalk adjacent to the traffic control signal; and
(b) a pedestrian facing the traffic control light or arrow shall not begin to cross the roadway until a pedestrian control signal or traffic control signal permitting him to enter the roadway is shown.
Red flashing traffic control light at intersection
88(10) When a red flashing traffic control light is shown at an intersection by a traffic control signal,
(a) the driver of a vehicle at or approaching the intersection and facing the light shall stop the vehicle
(i) where there is no crosswalk, at a clearly marked stop line, or
(ii) before entering the crosswalk marked out by lines, on the near side of the intersection, or
(iii) when there is neither a stop line nor a marked out crosswalk, at the point nearest the intersecting highway from which the driver has a view of approaching traffic on the intersecting highway,
and, having stopped, he shall yield the right-of-way to traffic that has entered the intersection upon the intersecting highway or that is approaching thereon and is so close that it constitutes an immediate hazard; and he shall not proceed unless he can do so in safety; and
(b) a pedestrian facing the light may proceed across the roadway, and has a right-of-way for that purpose over all vehicles.
Red flashing traffic control light not at intersection
88(11) When a red flashing traffic control light is shown at a place other than an intersection by a traffic control signal,
(a) the driver of a vehicle at or approaching and facing the light
(i) shall stop the vehicle at a clearly marked stop line or, if none, then immediately before reaching the crosswalk on the near side of the light or, if none, then immediately before reaching the traffic control signal, and
(ii) having stopped, shall yield the right-of-way to all pedestrians in the roadway or in a crosswalk adjacent to the traffic control signal, and
(iii) having yielded, shall not proceed unless he can do so in safety; and
(b) a pedestrian facing the light may proceed across the roadway, and has a right-of-way for that purpose over all vehicles.
Yellow flashing traffic control light at an intersection
88(12) When a yellow or amber flashing traffic control light is shown at an intersection by a traffic control signal,
(a) the driver of a vehicle at or approaching the intersection and facing the light
(i) may enter the intersection only with caution, and
(ii) shall yield the right-of-way, stopping if necessary, to a pedestrian
(A) who is within the intersection or a crosswalk adjacent to the traffic control signal, or
(B) who is crossing a roadway within a crosswalk and is upon the half of the roadway upon which the vehicle is travelling, or is approaching from the other half of the roadway and is so close that he is in danger; and
(b) a pedestrian facing the light may proceed across the roadway, and has a right-of-way for that purpose over all vehicles.
Yellow flashing traffic control light not at intersection
88(13) When a yellow or amber flashing traffic control light is shown at a place other than an intersection by a traffic control signal,
(a) the driver of a vehicle at or approaching and facing the light,
(i) may pass the traffic control signal only with caution, and
(ii) shall yield the right-of-way, stopping if necessary, to a pedestrian
(A) still in the roadway or who is within a crosswalk adjacent to the traffic control signal, or
(B) who is crossing a roadway within a crosswalk and is upon the half of the roadway upon which the vehicle is travelling, or is approaching from the other half of the roadway and is so close that he is in danger; and
(b) a pedestrian facing the light may proceed across the roadway, and has a right-of-way for that purpose over all vehicles.
Action of pedestrian when "walk" or "traversez" is shown
88(14) When the word "walk" or "traversez" or a visual symbol indicating that a person may proceed to cross the roadway is shown by a pedestrian control signal, a pedestrian facing the signal may proceed across the roadway in the direction of the signal and while so proceeding across the roadway has a right-of-way over all vehicles.
"Wait" or "attendez", etc., pedestrian control signal
88(15) When a traffic control light exhibiting the word "wait" or "don't walk" or "attendez", or a visual symbol indicating that pedestrians are to wait, is shown by a pedestrian control signal in a steady or flashing mode,
(a) a pedestrian facing the traffic control light shall not begin to cross the roadway until the word "walk" or "traversez" or a visual symbol indicating that pedestrians may proceed, is shown by the pedestrian control signal; and
(b) a pedestrian, if proceeding across, and still in, the roadway and facing a traffic control light exhibiting the word "wait" or "don't walk" or "attendez", or a visual symbol indicating that pedestrians are to wait, that begins to be shown after he entered the roadway, shall proceed across the roadway or, in the case of a divided highway, both roadways as quickly as is reasonably possible; and he has a right-of-way for that purpose over all vehicles.
88(16) Except where there is at the intersection a traffic control device indicating otherwise, where a red traffic control light alone or with a pedestrian control signal is shown at an intersection, the driver of a vehicle at or approaching the intersection and facing the traffic control light, having stopped and yielded the right-of-way to traffic that had entered the intersection upon the intersecting highway or that is approaching thereon and is so close that it constitutes an immediate hazard, may, if he can do so in safety, enter the intersection and make a right turn into the intersecting highway.
88(17) When a flashing green left pointing arrow traffic control light, in conjunction with a green traffic control light, is shown at an intersection by a traffic control signal,
(a) the driver of a vehicle at or approaching the intersection and facing the flashing green arrow
(i) may proceed across the intersection or turn right, subject to a traffic control device prohibiting any such movement,
(ii) may proceed through the intersection to make
(A) a left turn, or
(B) subject to a traffic control device prohibiting any such movement, a U-turn, and
(iii) shall yield the right-of-way to other traffic lawfully within the intersection or within an adjacent crosswalk at the time the light is shown; and
(b) a pedestrian facing the flashing green arrow shall not begin to cross the roadway until a pedestrian control signal or traffic control signal permitting him to enter the roadway is shown.
Entering or crossing intersections with traffic control lights
88(18) Notwithstanding any other provision of this Act, no driver of a vehicle shall enter or proceed across an intersection controlled by a traffic control light which, at the time, permits the movement, unless there is sufficient space on the other side of the intersection to accommodate the vehicle without obstructing the passage of pedestrians proceeding within a crosswalk or pedestrian corridor, or other traffic that, in either case, is proceeding or is permitted to proceed lawfully.
88(19) Notwithstanding subsection (7), and except where there is at the intersection a traffic control device indicating otherwise, where a red traffic control light alone, or with a pedestrian control signal, is shown at an intersection of 2 one-way highways, the driver facing the red traffic control light and intending to make a left turn onto the other one-way highway shall
(a) stop the vehicle at a clearly marked stop line, or if none, immediately before entering the crosswalk on the near side of the intersection or, if none, immediately before entering the intersection;
(b) yield the right-of-way to traffic and pedestrians that had entered the intersection or that is approaching it and is so close as to constitute an immediate hazard; and
(c) having yielded the right-of-way to all other traffic may, if he can do so in safety, enter the intersection and make a left turn into the other one-way highway.
Red traffic control light with transit priority signal
88(20) When a red traffic control light in conjunction with a transit priority signal is shown at an intersection by a traffic control signal,
(a) the driver of a public transit vehicle at or approaching the intersection may enter the intersection and
(i) shall yield the right-of-way to other traffic lawfully within the intersection or within an adjacent crosswalk at the time the light is shown, and
(ii) the driver of any other vehicle at or approaching the intersection and facing the light shall not enter the intersection until a traffic control light permitting him to do so is shown; and
(b) a pedestrian
(i) facing the light shall not begin to cross the roadway until a pedestrian control signal or traffic control light permitting him to do so is shown, and
(ii) if proceeding across, and still in, the roadway and facing such a traffic control light that begins to be displayed after he entered the roadway,
(A) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and
(B) has a right-of-way for that purpose over vehicles.
S.M. 1996, c. 26, s. 9; S.M. 2002, c. 40, s. 9.
BY MUNICIPAL AUTHORITY
Certain municipal by-laws respecting motor vehicles prohibited
89 Except as in this Act otherwise provided, the council of a municipality shall not pass, enforce, or maintain any by-law
(a) requiring from any owner of a motor vehicle or a driver, or a dealer who holds a valid dealer's permit under The Drivers and Vehicles Act, any tax, fee, licence, or permit for or on account of the ownership or use of motor vehicles; or
(b) excluding any of such persons from the use of a highway, except any driveway, speedway, or road that has been expressly set apart, by by-law, for the exclusive use of horses and light carriages; or
(c) that in any way affects the registration or numbering of motor vehicles; or
(d) regulating the speed of motor vehicles on a highway; or
(e) forbidding the use of any highway, contrary to or inconsistent with The Drivers and Vehicles Act or this Act;
and any by-law, or the provisions thereof, contrary to this section is or are of no validity or effect.
S.M. 2005, c. 37, Sch. B, s. 27.
Making of certain rules and by-laws by traffic authorities
90(1) A traffic authority may classify vehicles according to dimensions, design, weight, kind of weight carried or otherwise, for any class or all classes of vehicles and may make rules or by-laws supplementary to, or in addition to, but not contrary to, any provision of this Act, The Drivers and Vehicles Act or the regulations under either Act and applicable on highways over which the traffic authority has jurisdiction or within any area over which the traffic authority has jurisdiction, with respect to
(a) parking, stopping, and standing of vehicles;
(b) obstruction of traffic;
(c) one-way streets or one-way roadways;
(d) prescribing routes of travel;
(e) pedestrian traffic including pedestrian corridors;
(f) loading zones and bus stops;
(g) safety zones;
(h) preventing drivers of motor vehicles from making unnecessary noise in the vicinity of hospitals;
(i) preventing turning otherwise than at intersections, and otherwise regulating such turning;
(j) traffic on streets in the vicinity of public schools;
(k) traffic at intersections;
(l) traffic lanes;
(m) repealed, S.M. 1988-89, c. 14, s. 10;
(n) the directions that vehicles must follow on certain streets or roadways;
and may impose penalties for a violation of any such rule or by-law.
Penalty to be imposed by by-law
90(2) Where the traffic authority imposing a penalty under subsection (1) is a municipality, the council of the municipality shall impose the penalty by by-law.
Rules affecting provincial highways
90(3) Notwithstanding subsection (1), the council of a city, town or village other than The City of Winnipeg may make rules or by-laws as provided in subsection (1) applicable to any part of a provincial highway within the city, town or village; but no such rule or by-law has effect unless approved in writing by the minister or the minister's delegate, and the notice of approval is attached to and forms part of the rule or by-law.
90(4) The minister or the minister's delegate may, by a notice in writing, withdraw an approval given under subsection (3), and the withdrawal is effective and any rule or by-law previously approved thereunder is void on and from the date set out in the notice.
90(5) The council or other traffic authority concerned shall cause every rule made under subsection (1) or (3), that is supplementary to, or in addition to, the rules prescribed in this Part to be indicated or made known to drivers by traffic control devices or by peace officers.
Nature of traffic control device
90(6) Subject to section 81, a traffic control device to which reference is made in subsection (5) shall consist of a sign containing a verbal notice, command, caution, or warning, or of a representation of an arrow or other symbol or device, or both.
90(7) Where a rule made under subsection (1) is indicated or made known to drivers as required by subsection (5), every driver shall obey the rule.
90(8) A rule made under subsection (1) may supplement section 88 by authorizing traffic control signals showing traffic control lights and signals for which provision is not made in that section; but, no such rule shall alter, or purport to alter, the meaning or effect required, under this Act, to be given to a traffic control light or signal for which provision is made in section 88, or alter, or purport to alter, the manner in which drivers and pedestrians shall comply with such a traffic control light or signal.
90(9) Subject to subsection (10), the minister has, with respect to
(a) provincial highways; and
(b) forest reserves owned or administered by Her Majesty to which subsection 104(1) applies;
the powers that a municipality has under subsections (1) and (8), subject to limitations and restrictions the same as those imposed under subsections (5) and (8); and drivers are under the same obligations with respect to a rule made under this subsection as is imposed on them under subsection (7) with respect to a rule made under subsection (1).
Application of Regulations Act
90(10) A rule made under subsection (9) is a regulation to which The Regulations Act applies; but, notwithstanding that Act, it has effect only on, from, and after, a date one week after the date of The Manitoba Gazette in which it is published.
Permit to hold parades, motorcades etc., on provincial highways
90(11) Unless the traffic authority has temporarily closed a provincial highway or any portion thereof to other traffic, no person, organization or club shall conduct, hold or operate a caravan, motorcade, parade, rally or other special event on a provincial highway unless a permit therefor has been issued by the Officer Commanding the Royal Canadian Mounted Police or any person authorized by him for the purpose.
Permit may be subject to terms and conditions
90(12) The Officer Commanding may issue a permit under subsection (1) and make it subject to such conditions as to him appears necessary to ensure the safety of the public and the participants; and the person, organization or club shall comply with any conditions stated in the permit.
S.M. 1988-89, c. 14, s. 10; S.M. 1991-92, c. 25, s. 33 and 34; S.M. 1996, c. 26, s. 10; S.M. 2001, c. 43, s. 44; S.M. 2005, c. 37, Sch. B, s. 28.
91 When a municipality establishes a safety zone, it shall cause the zone to be so plainly marked or indicated by proper signs and lights as to be plainly visible at all times.
92 Repealed.
Municipal by-laws prohibiting standing, etc.
93(1) The council of a municipality by which a traffic control device has been erected under subsection 79(3) may, by by-law
(a) provide that no person shall stop, stand, or park a vehicle on the highway or portion thereof to which the sign relates in contravention of the traffic control device or for a period longer than, or otherwise than, as authorized by the traffic control device;
(b) provide that any person who causes or permits a vehicle to remain stationary in any portion of a highway during a period when stopping on that portion thereof is prohibited as indicated by a traffic control device is guilty of an offence; and
(c) impose penalties for any breach of the by-law.
93(2) The council of a municipality may by by-law provide for the issuance of permits to allow persons, subject to such conditions and restrictions as the by-law may provide, to park their motor vehicles on the highway notwithstanding any specific prohibitions or restrictions on parking of vehicles on that highway, as indicated by traffic control devices.
S.M. 1987-88, c. 23, s. 9; S.M. 1996, c. 26, s. 11.
REWARDS
Rewards for apprehending persons stealing motor vehicles
94(1) By-laws may be passed by the council of a municipality for paying, on the conviction of the offender and on the order of the judge or justice before whom the conviction is had, a reward of not less than $20. to any person who pursues and apprehends or causes to be apprehended any person stealing a motor vehicle within the municipality.
94(2) The amount payable shall be in the discretion of the judge or justice, but shall not exceed the amount fixed by the by-law.
DIVISION II
SPEED RESTRICTIONS
GENERAL PROVISIONS
Speed limit in particular cases
95(1) Subject to subsections 98(1) to (5), no person shall drive a vehicle at a rate of speed greater than
(a) 50 kilometres an hour within any restricted speed area if it and the maximum speed permissible therein are designated by signs erected as herein required; or
(b) the maximum speed permissible at any other place as designated by signs erected as herein required or authorized; or
(c) 90 kilometres per hour in all places not mentioned in clauses (a) or (b).
95(1.1) In subsection (1.2), "construction zone" means a portion or length of highway
(a) that is under construction, or where any reconstruction, widening, marking, repairs or other work is being done by or on behalf of the traffic authority, including installation of, and repairs and modifications to, the equipment or facilities of any person who the traffic authority allows to maintain equipment or facilities on or under the highway; and
(b) that is identified as a construction or work zone by approved traffic control devices placed at the beginning and end of the zone facing each direction of travel in the zone.
Speed when workers or equipment present
95(1.2) Despite subsection(1), when workers are present or using equipment in a construction zone, or in part of a construction zone, where a traffic control device warning of their presence or the equipment's use has been erected in accordance with subsection 77(7.1), no person shall drive a vehicle in the construction zone, or in the particular part of it, at a rate of speed greater than the lesser of
(a) the maximum speed otherwise permissible under subsection (1); and
(b) the maximum permissible speed indicated by any traffic control device erected in accordance with subsection 77(7.1).
Where passing other vehicles prohibited
95(2) No person driving a vehicle shall overtake or pass another vehicle while the other vehicle is passing
(a) an institution for the blind or the grounds thereof; or
(b) a school building or the grounds thereof
(i) within 15 minutes before the opening of morning classes or afternoon classes in the school, or
(ii) within 15 minutes of closing of morning classes or afternoon classes in the school; or
(c) the grounds of a school building or of an institution for the care of children, or grounds on which there is a playground or rink, while children are on the highway adjacent to those grounds; or
(d) persons engaged in constructing, maintaining, or repairing the highway;
if the existence at that place of the institution, school building, playground, rink, or persons so engaged, is indicated, in each case, by a traffic control device.
95(3) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent or in a manner that is not reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing; and, without restricting the generality of the foregoing, no person shall drive a vehicle on a highway at a speed otherwise permitted under this Act where
(a) the presence of a child on or near the highway, whether or not he is in close proximity to the grounds of a school building or a playground, dictates, in the interest of safety, a slower speed or the temporary stopping of a vehicle; or
(b) any factor exists in the face of which failure to reduce that speed, or to stop the vehicle temporarily, constitutes a danger to any person or property visible to the driver.
96(1) Where a divided highway consists of 2 separate roadways and 1 or more service roads, notwithstanding the rate of speed permitted on the roadways of the divided highways that are not service roads, no person shall drive a vehicle on the service road
(a) where the service road is within a city, town or village, at a rate of speed that is greater than the lesser of
(i) 50 kilometres per hour, or
(ii) the speed permitted on the roadways of the divided highway that are not service roads; and
(b) where the service road is not within a city, town or village, at a rate of speed that is greater than the lesser of
(i) 90 kilometres per hour, or
(ii) the speed permitted on the roadways of the divided highway that are not service roads.
96(2) In this section, "service road" means a roadway that is part of a divided highway and that is designed and constructed for use of local traffic as distinct from through traffic.
RESTRICTED OR INCREASED SPEED AREAS
Designation of restricted speed areas
97(1) The traffic board may make orders designating
(a) any municipality or part of a municipality;
(b) any part of unorganized territory; and
(c) any highway or part of a highway;
as a restricted speed area.
97(2) An order made under subsection (1) or subsection 98(2) may designate any area, highway, or part of a highway, to which those subsections refer to be a restricted area or reduced restricted speed area during only such period or periods, in any year, as may be specified in the order; and, in that event, the traffic control devices erected under section 77 respecting the restricted speed area or reduced restricted speed area shall be removed by the traffic authority at the close of each such period.
97(3) The traffic board may make orders excluding from a restricted speed area any municipality or part of a municipality or any highway or part of a highway, whether provision for the inclusion thereof in a restricted speed area is specifically made in this Act or it has been included therein by order of the traffic board.
Existing restricted speed areas continued
97(4) Every highway or portion of a highway that, on the coming into force of this Act, is a restricted speed area is, and shall continue to be, a restricted speed area as if designated by the traffic board until such time as the traffic board, by order, otherwise directs.
Copies of orders to traffic authorities
97(5) Upon making an order under this section the traffic board shall forthwith send a copy thereof to the traffic authority having jurisdiction in the area, or over the highway, to which the order applies.
Order permitting higher speed limit
98(1) The traffic board may make orders fixing, for any highway or portion of a highway designated in an order, the maximum speed permissible thereon which may be more than 90 kilometres per hour as mentioned in clause 95(1)(c), but shall not be more than 110 kilometres per hour.
98(2) The traffic board may make orders fixing for any
(a) municipality or part of a municipality;
(b) part of an unorganized territory; and
(c) highway or part of a highway;
designated in the order, the maximum speed permissible which may be less than 50 kilometres per hour.
98(3) An order made under subsection (1) does not come into force and effect until confirmed by an order of the Lieutenant Governor in Council.
Copies of orders to traffic authorities
98(4) Upon making an order under subsection (1), the traffic board shall forthwith send a copy thereof to the traffic authority having jurisdiction over the highway to which the order applies.
98(5) Where an order made under subsection (1) has been indicated or made known to drivers as required by section 76, no person shall drive a vehicle on a highway or portion of a highway in respect of which the order is in force and effect and at a speed greater than that permissible under the order; and clauses 95(1)(c) and (d) do not apply in respect of that highway or portion of a highway while the order is in force and effect in so far as those clauses are inconsistent with the order.
98(6) Notwithstanding subsection 95(1), the traffic board may, by order, designate any highway as a modified speed zone; and, for each modified speed zone, shall fix the maximum speed for vehicles being driven in the zone, which shall be
(a) not greater than the speed mentioned in clause 95(1)(c); and
(b) not less than 50 kilometres per hour;
and the order may designate any highway or part of highway to be a modified speed zone during such period or periods, in any year, as may be specified in the order; and in that event, the traffic control device erected under section 77 respecting the modified speed zone shall be removed by the traffic authority at the end of each such period.
Speed limit in modified speed zones
98(7) No person shall drive a vehicle on a highway that has been designated as a modified speed zone and in respect of which traffic control devices have been erected and are maintained as required by subsection 77(1), at a rate of speed greater than the maximum speed fixed for that zone.
Copies of orders to traffic authorities
98(8) Upon making an order under subsection (2) or (6), the traffic board shall forthwith send a copy thereof to the traffic authority having jurisdiction over the highway.
S.M. 1989-90, c. 4, s. 4; S.M. 1991-92, c. 25, s. 35.
Determination of speed on guilty pleas
99 Where a person pleads guilty to an offence under subsection 95(1), 98(5) or 98(7), the report of a peace officer as to the speed at which the person accused was driving the vehicle at the time the offence was committed, as determined by a speedometer or a speed timing device, is prima facie proof of the speed at which the accused was driving the vehicle.
100(1) The traffic board may make an order fixing, for any highway or portion of a highway designated in the order, the minimum speed permissible thereon.
Copies of orders to traffic authorities
100(2) Upon making an order under subsection (1), the traffic board shall forthwith send a copy thereof to the appropriate traffic authority with respect to the highway to which the order applies.
Erection of traffic control devices
100(3) Where the traffic board makes an order under subsection (1), the traffic authority shall erect and maintain "Stop" or "Arrêt" signs, "Yield" or "Cédez le passage" signs, or traffic control devices at the intersection of all other highways with the highway or portion thereof to which the order applies, and shall erect and maintain at each end of the highway or the portion thereof to which the order applies and along the highway or portion thereof at intervals of not more than 4 kilometres, signs indicating the minimum rate of speed allowed thereon.
Order of peace officer directing increased speed
100(4) Where the driver of a motor vehicle is driving at such a slow speed that he is impeding or blocking the normal and reasonable flow of traffic or is driving at a rate less than the minimum fixed under subsection (1), a peace officer may require him to increase his rate of speed or to remove the vehicle from the highway.
Regulations to decrease maximum speed
101 Notwithstanding any other provision of this Act, the Lieutenant Governor in Council may, by regulation, decrease the maximum rate of speed on all highways, designated highways or portions thereof.
102 No person shall drive a motor vehicle on a highway in respect of which an order has been made under subsection 100(1), and in respect of which traffic control devices have been erected and are maintained as required under subsection 100(3), at a rate of speed less than the minimum speed fixed for that highway or portion thereof, unless
(a) he is impeded by other traffic travelling on the highway or by the condition of the highway or the weather; or
(b) he is decelerating in compliance with the instructions on a traffic control device erected on the highway; or
(c) he is decelerating for the purpose of turning from the highway or stopping in compliance with the provisions of this Act; or
(d) he is complying with the order of a peace officer.
MUNICIPAL JURISDICTION AS TO SPEED
103(1) Subject to subsections (2), (3) and (4), the council of a municipality or the council of an Indian band on an Indian Reservation may, by by-law, fix the maximum speed at which vehicles, or any one or more classes of vehicles specified in the by-law, may be driven on any highway or part thereof, of which the municipality or the council of the band is the traffic authority and that is described in the by-law and the by-law may set out the speed limit for such period or periods, in any year, as may be specified therein and, in that event, traffic control devices erected under section 77 shall be removed by the traffic authority at the end of each period.
103(2) The maximum speed fixed in a by-law passed under subsection (1) shall not be greater than the maximum speed permissible under subsection 95(1), or fixed pursuant to section 98 in respect of a vehicle, or of a highway or portion of a highway, to which each of those provisions respectively applies.
103(3) After the first reading and before the second reading of a by-law passed under subsection (1), the council of the municipality or the council of the Indian band, as the case may be, shall submit the by-law to the traffic board for its approval; and that board, after the consideration of the circumstances, if it deems that the passing of the by-law would be in the public interest, may approve it.
By-law to be approved by traffic board
103(4) A by-law passed under subsection (1) is not valid unless before the final passing thereof, it has been approved by the traffic board.
Jurisdiction of traffic board where no municipality
103(5) With respect to any highway not in a municipality, the traffic board may exercise, by its order, the powers that a municipal council has under subsection (1).
Speed to be expressed in kilometres per hour
103(6) Any provision of a by-law enacted under this section or under section 104 or 105 fixing the maximum speed at which vehicles, or any one or more classes of vehicles, may be driven on any highway or part thereof that, after the expiration of 3 months after the coming into force of this subsection, does not express the maximum speed in kilometres per hour is of no effect and unenforceable.
104(1) Notwithstanding any other provision of this Act
(a) the municipal council or other traffic authority having jurisdiction over a park or parkway; and
(b) in the case of forest reserves owned and administered by Her Majesty in right of the province, the traffic board;
may, by by-law, order, or regulation, as the case may be, fix the maximum rate of speed to be observed by drivers of vehicles in the park, parkway, or forest reserve while signs are maintained as required under section 77.
104(2) Upon making an order or regulation under subsection (1), the traffic board shall forthwith send a copy thereof to the minister and the Minister of Conservation.
104(3) Subsection (1) has effect notwithstanding that the minister is the traffic authority in respect of the forest reserves and parks to which clause (1)(b) applies.
Limitation of speed on bridges
105(1) A council of a municipality that is the appropriate traffic authority with respect to a highway may, by by-law, limit the rate of speed of any vehicle passing over a bridge, causeway, or viaduct, and may therein fix a penalty not exceeding $20.00 for each breach thereof, while notices are maintained as required under subsection (4).
105(2) Where two municipalities have jurisdiction over a bridge, each municipality may pass a like by-law under subsection (1) limiting the rate of speed, or one of the municipalities may do so with the approval of The Municipal Board.
105(3) A by-law passed under subsection (1) or (2) is not valid unless, in addition to any approval that may be required under subsection (2), before the final passing thereof it is approved by the traffic board.
Notices respecting speed limits
105(4) Where
(a) a municipal council passes a by-law under subsection (1); or
(b) the Lieutenant Governor in Council makes regulations as provided in section 319,
(i) limiting the rate of speed at which any vehicle or class of vehicles may be driven over or on any bridge,
(ii) prescribing the days and hours within which any vehicle or class of vehicle may not be operated on any highway or any portion thereof,
(iii) prohibiting at certain times or at all times the operation of any vehicle or class of vehicles upon any specific highway or any portion thereof;
in the case of a by-law passed under subsection (1),
(c) the municipal council shall cause to be posted up and maintained in a conspicuous place at each end of the bridge, causeway, or viaduct, a notice stating the maximum speed fixed by the by-law; and
in the case of regulations made as mentioned in clause (b),
(d) the minister shall send a copy of the regulations to the appropriate traffic authority which shall erect adequate signs in conspicuous places on the highway or highways indicating the restrictions imposed by any regulations that have been made.
105(5) A municipal council may cause to be posted and maintained in a suitable place any other notice that it considers necessary or advisable respecting any limit of speed.
105(6) Any notice required or authorized under clause (4)(c), shall be in letters and figures at least 125 millimetres in height.
105(7) In the case of a bridge, causeway, or viaduct on a highway in respect of which the minister is the traffic authority, the minister may make regulations for the same purpose and with the same effect as a by-law authorized under subsection (1); and on making any such regulation the minister shall cause like notices to be posted and maintained as are required under subsection (4), and may cause like notices to be posted and maintained as authorized by subsection (5), and subsection (6) applies to any such notices.
S.M. 1993, c. 48, s. 68; S.M. 1996, c. 58, s. 455; S.M. 2001, c. 43, s. 44.
EMERGENCY VEHICLES
Operation of emergency vehicles
106(1) Notwithstanding anything in this Part, but subject to subsections (2), (3) and (4),
(a) the driver of an emergency vehicle;
(b) a peace officer driving a vehicle;
(b.1) the driver of any vehicle
(i) who is accompanied by a peace officer or is driving a vehicle that is escorted by a vehicle driven by a peace officer, or
(ii) that is carrying first aid or rescue equipment;
when responding to an emergency or when in pursuit of an actual or suspected violator of the law, may
(c) exceed the speed limit;
(d) proceed past a traffic control signal showing a red light or a stop or arrêt signal without stopping;
(e) disregard rules and traffic control devices governing direction of movement or turning in specified directions; and
(f) stop or stand.
Requirements respecting emergency vehicles
106(2) Subject to subsection (3), the driver of a vehicle to which subsection (1) applies shall not exercise the privileges granted under that subsection unless
(a) the driver is sounding the horn or siren; and
(b) if the vehicle is an emergency vehicle, it is equipped with lighting that complies with section 38.1 for that type of emergency vehicle and the lighting is illuminated.
106(3) Subsection (2) does not apply where compliance therewith
(a) is unnecessary; or
(b) would inhibit a driver in responding to an emergency or in apprehending an actual or suspected violator of the law;
and the driver is proceeding with due regard for the safety of other persons using the highway.
106(4) The driver of a vehicle to which subsection (1) applies, when exercising any of the privileges granted under that subsection, shall drive with due regard for safety having regard to all the circumstances of the case.
106(5) and (6) Repealed, S.M. 1996, c. 26, s. 12.
Prohibitions re use of sirens and emergency lighting
106(7) Subject to subsection (2), the driver of an emergency vehicle on a highway shall not sound the siren or illuminate any of the forms of lighting described in section 38.1 unless the vehicle is responding to an emergency or is in pursuit of an actual or suspected violator of the law.
106(7.1) Subsection (7) does not apply to
(a) a vehicle used by a peace officer in connection with the exercise of his or her powers under section 76 or 76.1;
(b) an emergency vehicle used in a parade, special event or in a public demonstration of the use of its equipment.
Obligation of emergency motor vehicle drivers
106(8) Nothing in this section or in subsection 35(11.1) shall be construed
(a) as permitting the driver of a motor vehicle described in subsection (1) to operate or park the motor vehicle in a negligent manner; or
(b) as relieving the driver of a motor vehicle described in subsection (1) from complying with subsection (2) or subsection 35(11) while pursuing another motor vehicle driven by a person who is attempting to avoid apprehension.
S.M. 1987-88, c. 23, s. 9.1; S.M. 1991-92, c. 25, s. 36 and 37; S.M. 1996, c. 26, s. 12.
107 Notwithstanding anything in this Part, a peace officer may exceed the speed limit while operating a motor vehicle for the purpose of testing the accuracy of the speedometer on the motor vehicle by means of a speed timing device.
DIVISION III
RULES OF THE ROAD
DRIVING ON RIGHT SIDE OF ROADWAY OVERTAKING, PASSING, ETC.
Compliance with traffic control devices
108(1) Where a traffic authority has marked or placed on a roadway a clearly indicated directional dividing line, which may be either a broken line or a solid line, and has indicated, by traffic control devices, the part of the roadway on each side of the directional dividing line that may be used by traffic proceeding in each direction, the driver of a vehicle on the roadway shall act as indicated by the traffic control devices.
Change in position of dividing lines
108(2) A traffic authority may mark or place directional dividing lines and the relevant traffic control devices so that, at certain times of the day, the part of the roadway available for the use of traffic proceeding in a certain direction is wider or narrower than the part available for such traffic at other times of the day.
Compliance with overhead lane direction signals
108(3) Where a traffic authority has placed above a traffic lane a lane direction signal of a form approved by the Highway Traffic Board, displaying a downward pointing green arrow, a driver facing the signal is permitted to drive in the traffic lane over which the signal is located.
Compliance with overhead lane direction signals
108(4) Where a traffic authority has placed above a traffic lane, a lane direction signal of a form approved by the Highway Traffic Board, displaying a red "X", a driver facing the signal shall not drive or continue to drive in the traffic lane over which the signal is located.
S.M. 1985-86, c. 12, s. 10.
Prohibition as to driving left of dividing line, and exceptions
109(1) No driver shall drive a vehicle to the left of the directional dividing line of a roadway except,
(a) where the width of the roadway is such that it is not practicable to remain to the right of the directional dividing line; or
(b) when overtaking and passing another vehicle proceeding in the same direction; or
(c) when the roadway to the right of the directional dividing line is obstructed by a parked vehicle or other objects; or
(d) when the roadway to the right of the directional dividing line is closed to traffic; or
(e) upon a one-way roadway indicated as such as required under subsection 90(5); or
(f) when permitted under section 124.2.
Slow vehicles to keep to right
109(2) The driver of a vehicle who is proceeding at less than the normal speed of traffic at the time and place, and under the conditions, then existing shall drive in the right-hand lane then available for traffic, or as close as practicable to the right-hand kerb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left-hand turn at an intersection or into a private road or driveway.
109(3) A driver shall, prima facie, be deemed to be a driver to whom subsection (2) applies if the vehicle that he is driving is being driven at a rate of speed less than 30 kilometres per hour; but this subsection does not apply in the case of an intersection or where traffic conditions are such that even a rate of speed less than 30 kilometres per hour may be a rate greater than the maximum speed at which a person driving with due care and attention and with reasonable consideration for other persons should drive.
Driving around rotary traffic island
109(4) A driver when passing around a rotary traffic island shall drive to the right of the island.
S.M. 1991-92, c. 24, s. 2.
109.1(1) The following definitions apply in this section.
"emergency beacon" means
(a) any of the lamps provided for in clauses 38.1(1)(b) or (c), 38.1(2)(b) or (c), or 38.1(3)(b) or (c); or
(b) an emergency beacon prescribed in the regulations. (« feux d'urgence »)
"emergency vehicle" means
(a) a vehicle used by a police force;
(b) a vehicle used by a fire department; or
(c) a vehicle used by an ambulance service. (« véhicule d'urgence »)
Approaching a stopped emergency vehicle
109.1(2) When approaching an emergency vehicle with its emergency beacon lighted that is stopped on a highway, the driver of a vehicle travelling on the same side of the highway
(a) shall slow down and proceed with caution to ensure that his or her vehicle does not collide with the emergency vehicle or endanger any person outside of the emergency vehicle; and
(b) shall pass the emergency vehicle only if it is safe to do so.
Two or more lanes of traffic in same direction
109.1(3) In addition to complying with subsection (2), the driver shall move into a traffic lane farther from the emergency vehicle if
(a) he or she is travelling in the lane in which the emergency vehicle is stopped, or a lane adjacent to it;
(b) there are two or more traffic lanes on the side of the highway on which the emergency vehicle is stopped; and
(c) the movement can be made safely.
Rules re driving on laned roadways
110 Unless he is required to yield the right-of-way to an emergency vehicle or other vehicle to which subsection 106(1) applies, or unless he is otherwise directed or authorized by a peace officer or by a traffic control device, a driver who is driving a vehicle on a laned roadway shall comply with the following provisions, namely:
(a) He may drive from one lane to another where one or more broken lines only exist between lanes.
(b) Except as provided in clauses (c) and (d), he shall not drive from one lane to another where such action necessitates the crossing of a solid line.
(c) When a solid line and a broken line exist together, he may, with caution, cross the solid line from the lane in which the broken line is located, and recross.
(d) He may, with caution, cross a solid line when necessary to turn left into a private road or driveway or when necessary on entering the roadway from a private road or driveway.
(e) He shall not drive from one lane to another without first signalling his intention to do so in the manner prescribed by sections 125 and 126.
(f) When approaching an intersection and intending to turn left or when intending to turn left into a private road or driveway, he shall travel in the left-hand lane available to traffic moving in the direction of the travel of the vehicle.
(g) When approaching an intersection and intending to turn right, he shall travel in the lane nearest to the right-hand side of the roadway and may pass another vehicle travelling in the same direction in a lane to his left; and when making the turn he shall keep as close as is practicable to the right-hand side of the roadway.
(h) He shall not use the centre lane of a three-lane roadway except when passing another vehicle proceeding in the same direction, or when approaching an intersection where he intends to turn to the left, or when that lane is designated for traffic moving in the direction of travel of his vehicle.
(i) Subject to section 115, when overtaking another vehicle that is travelling in the same direction, he shall in passing keep to the left of the other vehicle and where there are two or more lanes available to traffic moving in that direction, he shall in passing keep to the right of the directional dividing line.
(j) Where a traffic control device directs slow-moving traffic to use a designated lane, when driving slowly he shall use that lane only.
(k) Subject to section 115, when being overtaken by another vehicle travelling in the same direction,
(i) he shall allow that vehicle to pass and shall travel in the lane nearest to the right-hand side of the roadway or in a manner that allows the overtaking vehicle free passage to the left in a lane available to traffic moving in the direction of the travel of his vehicle, and
(ii) he shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
(l) Except when crossing from one lane to another as permitted herein, he shall at all times keep the vehicle he is driving wholly within one lane.
Rules for riding a moped or mobility vehicle
111 A person who operates a moped or mobility vehicle on a highway shall
(a) operate it as closely as practicable to the right-hand edge or curb of the roadway, unless the highway is designated for traffic in one direction and has three or more traffic lanes;
(b) operate it as closely as practicable to the right- or left-hand edge or curb of the roadway, if the highway is designated for traffic in one direction and has three or more traffic lanes;
(c) except when overtaking or passing, not operate it beside another moped or mobility vehicle, or a bicycle or power-assisted bicycle, that is operating in the same lane; and
(d) at all times, keep at least one hand on the handlebar.
112(1) The driver of a vehicle shall keep to his right when he is meeting another vehicle that is moving.
112(2) The driver of a vehicle upon a roadway that has a width for only one line of traffic in each direction shall, when meeting another vehicle that is moving, give to the other vehicle at least one-half of the roadway as nearly as possible.
Passing on very narrow roadways
112(3) If it is impracticable for drivers of moving vehicles that are meeting one another
(a) each to give to the other at least one-half of the roadway; or
(b) to pass each other on the right;
each of the drivers shall immediately stop his vehicle and before proceeding to pass the other shall take all reasonable steps to learn whether he can do so with safety to himself and others; and, if required, each of the drivers shall assist the other to pass in safety.
Slow driver to proceed in right hand lane
112(4) Subject to subsection (5), where a driver of a vehicle is proceeding at a slower rate of speed than other traffic he shall
(a) drive in the extreme right hand lane where the roadway has 2 or more lanes; or
(b) drive as closely as is practicable to the right hand edge or curb of the roadway.
Non-application of subsection (4)
112(5) Subsection (4) does not apply where
(a) the driver is overtaking other vehicles proceeding in the same direction; or
(b) the driver intends to turn to the left; or
(c) the right hand lane or edge of the roadway is impassable or otherwise obstructed; or
(d) the driver is directed by a traffic control device, a peace officer or flagman to drive in another lane or part of the roadway.
113(1) Where a motor vehicle is operated on a highway during the times mentioned and is equipped as provided in subsection 36(1), the driver thereof
(a) may use either the high beam or the low beam if the beam used is sufficient to reveal persons and vehicles on the highway at a safe distance in advance of the vehicle; and
(b) shall dim the headlights or deflect the beams issuing therefrom when he is at a distance of not less than 450 metres from a motor vehicle that he is meeting; and shall keep the headlights dimmed or the beams deflected until he has passed the other motor vehicle.
113(2) When such a motor vehicle is following another vehicle and is within 60 metres thereof, unless it is overtaking and about to pass the other vehicle, the driver shall use the low beam.
114(1) Except as provided in section 115, a driver overtaking another vehicle or bicycle proceeding in the same direction
(a) shall pass to the left thereof at a safe distance; and
(b) shall not return to the right side of the highway until safely clear of the overtaken vehicle or bicycle.
114(2) Except when overtaking and passing on the right is permitted, a driver of a vehicle being overtaken,
(a) upon hearing or seeing any signal given from the overtaking vehicle, shall give way to the right in favour of the overtaking vehicle; and
(b) shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
S.M. 1989-90, c. 56, s. 11.
Overtaking on right prohibited with exceptions
115(1) A driver shall not overtake and pass upon the right of another vehicle, except
(a) when the vehicle overtaken is making a left turn or its driver has signalled his intention to make a left turn; or
(b) when on a laned roadway there are two or more unobstructed lanes available to traffic moving in the direction of travel of the vehicle; or
(c) upon a one-way roadway, where the roadway is free from obstructions and is of sufficient width for two or more lines of moving vehicles.
115(2) Notwithstanding subsection (1), no driver shall overtake and pass another vehicle upon the right,
(a) when the movement cannot be made with reasonable safety; or
(b) by driving off the roadway.
No driving to left unless clear view
116(1) No driver shall drive a vehicle to, or upon the left side of, the directional dividing line of a roadway, other than a one-way roadway, when he has not a clear view of the highway for a safe distance having regard for all the circumstances.
116(2) Without restricting the generality of subsection (1), no driver shall drive a vehicle to, or upon the left side of, the directional dividing line of a roadway in overtaking and passing another vehicle unless the left side of the roadway is clearly visible and is free of oncoming and overtaking traffic for a sufficient distance ahead to permit the overtaking and passing to be completed without interfering with the safe operation of another vehicle.
Driving to left absolutely prohibited
116(3) No driver shall drive a vehicle to, or upon the left side of, the directional dividing line of a roadway other than a one-way roadway,
(a) upon or approaching
(i) the crest of a grade, or
(ii) an upgrade, downgrade, or curve,
where the driver has not a clear view of the highway for a distance of at least 150 metres or his view is obstructed within such distance greater than 150 metres as to create a hazard; or
(b) upon a portion of a highway designated by a traffic control device as a portion thereof upon which overtaking and passing is prohibited; or
(c) upon, or when approaching and within 90 metres of, an intersection or level crossing that is outside a city, town or village; or
(d) when the driver's view is obstructed upon approaching within 30 metres of a bridge, viaduct, or tunnel.
Where clause (3)(c) not applicable
116(4) The prohibition in clause (3)(c) does not apply in cities where there is a paved highway of sufficient width to permit such overtaking and passing to be made in safety.
Following too closely prohibited
117(1) No driver shall follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles, and the amount and nature of traffic upon, and the condition of, the highway.
Distance required between certain vehicles
117(2) Where the driver of a truck, a public service vehicle, or a motor vehicle that is drawing another vehicle or a piece of equipment is upon a roadway outside a restricted speed area and is following a truck, a public service vehicle, or a motor vehicle that is drawing another vehicle or a piece of equipment, unless he intends to overtake and pass the vehicle ahead, he shall, if conditions permit, leave not less than 90 metres between his vehicle and the vehicle or piece of equipment ahead that is being so drawn.
Space between vehicles in motorcade
117(3) The driver of a motor vehicle in a caravan or motorcade, other than a funeral procession, outside a restricted speed area, shall leave sufficient space between his vehicle and any other vehicle or combination of vehicles in the caravan or motorcade to enable a vehicle to enter and occupy that space without danger; and he shall, in so far as practicable, drive his vehicle on the extreme right-hand side of the roadway.
Vehicles in funeral processions
117(4) The driver of a motor vehicle in a funeral procession shall, in so