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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 V
ACCIDENTS
153(1) Where loss or damage is sustained by any person by reason of a motor vehicle upon a highway the onus of proof that the loss or damage did not arise entirely or solely through the negligence or improper conduct of the owner or driver is upon the owner or driver.
153(2) Subsection (1) does not apply in case of a collision between motor vehicles on the highway or to an action brought by a passenger in a motor vehicle other than a public service vehicle in respect of any injuries sustained by him while a passenger.
Certain drivers deemed agents of owner
153(3) In an action for the recovery of loss or damage sustained by a person by reason of a motor vehicle upon a highway, every person driving the motor vehicle who is living with, and as a member of the family of, the owner thereof, and every person driving the motor vehicle who has acquired possession of it with the consent express or implied of the owner thereof, shall be deemed to be the agent or servant of the owner of the motor vehicle and to be employed as such and shall be deemed to be driving the motor vehicle in the course of his employment; but nothing in this subsection relieves any person deemed to be the agent or servant of the owner and to be driving the motor vehicle in the course of his employment from liability for such damages.
DAMAGES
Penalties not a bar to damages
154 No penalty or imprisonment is a bar to recovery of damages by an injured person.
ACCIDENT REPORTS
Accident reports by operators of vehicles
155(1) Where an accident occurs on a highway, the person having the care, charge, or control of a vehicle involved therein shall, for the purposes of this Act and the registrar's records under The Drivers and Vehicles Act, forthwith give in writing to any one injured or sustaining loss or to a peace officer or to a witness
(a) the number of the driver's licence, if any, of the driver of the vehicle;
(b) the registration number, if any, of the vehicle;
(c) if he is insured under a motor vehicle liability policy of insurance, the name of the insurer and the number of the policy;
(d) if he is not the owner of the vehicle, the name of any insurer with which the owner is insured under a motor vehicle liability policy of insurance and the number of the policy, if those particulars are known to him;
(e) if he is not the registered owner of the vehicle, the name and address of the registered owner; and
(f) if there is a peace officer present at the scene of the accident, such further particulars respecting the accident as the peace officer may require.
Operator to stop vehicle and provide particulars
155(2) Where an accident in which a vehicle is involved occurs on a highway, and the circumstances are such that section 252 of the Criminal Code does not apply thereto, the person having the care, charge, or control of the vehicle, shall stop it and shall proceed as required under subsection (1) and give his name and address and other information as required in that subsection to the person therein mentioned.
Action where damage caused to unattended vehicle
155(3) Where an accident results in damage to an unattended vehicle or to property upon or adjacent to a highway, the driver of every vehicle involved in the accident, in addition to complying with subsections (1) and (2), shall take reasonable steps to find and notify the owner of, or a person who has a right to control, the unattended vehicle or the property, of the circumstances of the accident and give to him the name and address of the driver, the registration number of the vehicle, and the number of the driver's licence; or if he cannot find and notify that person as aforesaid he shall leave in a conspicuous place in or on the vehicle struck or on the property damaged a written notice giving those particulars.
155(4) Where a report of an accident causing bodily injury to, or the death of, any person or damage to property in an amount apparently exceeding $1,000. is not made to a peace officer at the scene of the accident pursuant to subsection (1) or (2), or, in the case of any accident, it is impossible to comply with subsection (1) or (2) or to give the notice and information required by subsection (3), as the case may be, the driver, owner, or other person in charge, of each vehicle, directly or indirectly involved in the accident, if he is present at the time the accident occurs, shall forthwith give oral notice of the occurrence of the accident to a peace officer and, at the same time if possible but in any case not later than 7 days after the occurrence of the accident, report the accident to the same or another peace officer and give him a written statement of the accident, signed by the person making the statement, on a form prescribed by, or satisfactory to, the registrar, unless the driver, owner, or other person, is unable to do so by reason of injury or illness; and the peace officer to whom the report is made shall give a written acknowledgment of the receipt of the report to the person making the report if requested.
155(5) If the driver, owner, or other person in charge, of a vehicle involved in an accident on a highway is, by reason of injury or illness, or other emergency, unable to make the report and give the statement required by subsection (4), each person who was being carried in or upon any such vehicle at the time of the accident shall make the report, or cause it to be made, and give the statement or cause it to be given, in respect of the vehicle in or upon which he was being carried.
155(6) Where the driver is alone, and is incapable of making the report required by subsection (1) or (2), he shall make the report forthwith after becoming capable of making it.
155(7) No prosecution for a violation of subsection (1), (2), (3), (4) or (5) shall be commenced after 2 years have elapsed from the date of the violation.
155(8) When a domestic animal is injured by a motor vehicle, the driver or person required, under subsection (1), (2), (4), or (5), to report the accident shall
(a) forthwith report the occurrence to the owner of the animal if known or if he can readily be found, and otherwise to the first peace officer whom he can find or to the clerk of the municipality in which the accident occurs; and
(b) if practicable, remove the animal from the roadway.
Action by peace officer or municipal clerk
155(9) A peace officer or municipal clerk to whom such a report is made under subsection (8) shall report the occurrence to an animal protection officer appointed under The Animal Care Act.
155(10) Repealed, S.M. 2002, c. 40, s. 10.
S.M. 1989-90, c. 56, s. 22; S.M. 1991-92, c. 25, s. 39 and 40; S.M. 1997, c. 54, s. 2; S.M. 2002, c. 40, s. 10; S.M. 2005, c. 37, Sch. B, s. 32.
156 Repealed.
Reports by doctors and optometrists
157(1) A duly qualified medical practitioner or optometrist shall report to the registrar the name, address and disease or disability, or any significant change in a previously observed disease or disability, of any person attending upon the duly qualified medical practitioner or optometrist for examination or treatment who is the holder of a valid driver's licence and who, in the opinion of the duly qualified medical practitioner or optometrist, has a disease or disability that may be expected to interfere with the safe operation of a motor vehicle that may be operated with the class of licence or permit held by the person.
No right of action against doctor
157(2) No person has a right of action against a duly qualified medical practitioner or optometrist for furnishing to the registrar a report as mentioned in subsection (1).
157(3) Repealed, S.M. 1987-88, c. 23, s. 11.
Medical review committee established
157(4) There is established a medical review committee consisting of at least five members who shall be appointed by the minister and who shall include
(a) three duly qualified medical practitioners, one of whom shall be a specialist in neurology, one of whom shall be a specialist in cardiology or an internist, and one of whom shall be a general practitioner;
(b) one person who is not a duly qualified medical practitioner; and
(c) one person who is a duly qualified ophthalmologist or optometrist.
157(4.1) Repealed, S.M. 1995, c. 31, s. 11.
Function of medical review committee
157(4.2) The medical review committee shall hear and determine appeals under section 19 or subsection 23(2) of The Drivers and Vehicles Act.
157(4.3) A quorum of the medical review committee is three members.
157(5) The minister shall appoint one of the members of the medical review committee as chairman thereof.
157(5.1) The minister may appoint one member of the medical review committee
(a) to be vice-chairman thereof; or
(b) to be acting chairman thereof;
for any period of time to act on behalf of the chairman on the request of the chairman or the minister during the illness or absence of the chairman, or during his inability from any cause to discharge his duties.
Powers of medical review committee
157(6) Upon hearing an appeal under this section, the medical review committee may
(a) require an appellant to undergo such further medical examinations as the committee considers necessary;
(b) require an appellant or the registrar to produce medical reports from duly qualified medical practitioners concerning any aspects of the health or physical or mental condition of the appellant;
(c) receive such evidence and arguments as may be submitted by the appellant, the registrar or both; and
(d) give such weight to medical reports, evidence and arguments as they think fair and just;
and may confirm, quash or vary the decision of the registrar; and decision of the committee is final.
157(7) Any report given under subsection (1) is privileged and for the information of the registrar and the medical review committee only, and, except to prove compliance with subsection (1), is not admissible as evidence for any purpose in any action or proceeding in any court.
157(8) A person who makes an appeal to the medical review committee shall pay the charge specified in the regulations.
Waivers and refunds of application charges
157(9) The medical review committee shall forward to the Minister of Finance every appeal charge paid under this section. But the medical review committee may waive payment of a charge or may recommend to the Minister of Finance that the amount of the charge be remitted pursuant to The Financial Administration Act in any case in which it finds it unreasonable or unjust that a charge should be paid or finds that undue hardship would result from the payment of the charge.
S.M. 1985-86, c. 12, s. 11 to 14; S.M. 1986-87, c. 14, s. 19; S.M. 1987-88, c. 23, s, 11 and 12; S.M. 1991-92, c. 25, s. 42 to 44; S.M. 1995, c. 31, s. 11; S.M. 1999, c. 12, s. 5; S.M. 2005, c. 37, Sch. B, s. 33.
158(1) Except as herein provided, a statement or written report made or furnished under section 155
(a) is not open to public inspection; and
(b) on the trial of the person making the statement or report on a charge of having violated any provision of The Drivers and Vehicles Act or of this Act, other than section 224, or any provision of a municipal by-law, is not admissible in evidence and shall not be used, nor shall any reference to it be made for any purpose in connection with such a trial.
Information to be furnished by peace officer
158(2) Every peace officer to whom any such report or statement is made shall forthwith deliver or mail,
(a) in the case of a constable of the Royal Canadian Mounted Police Force, to the senior officer of that force in Manitoba; and
(b) in other cases, to the chief constable of the force to which the peace officer belongs or of the municipality in which the accident occurred;
the following information, if it is available, that is to say,
(c) the date, time, and place, of the accident to which the report or statement relates;
(d) the name, address, and occupation, of the owner of each vehicle involved and of the driver thereof;
(e) the details respecting the make, year, and type of each vehicle, the vehicle identification number thereof, and the registration number thereof;
(f) the number of the licence issued to the driver of each vehicle;
(g) the particulars as to the motor vehicle liability insurance card or financial responsibility card, if any, issued in respect of each vehicle, the number of the insurance policy issued in respect of each vehicle, the date of expiry thereof, and the name of the insurer by which the policy was issued;
(h) the speed and direction of travel of each vehicle immediately before the occurrence of the accident;
(i) the traffic control devices, if any, situated adjacent to the scene of the accident;
(j) the light conditions and weather conditions existing at the time of the accident;
(k) the type of road construction at the scene of the accident, and the condition of the road; and
(l) the number of passengers, if any, in each vehicle.
158(3) The senior officer in Manitoba of the Royal Canadian Mounted Police Force and the chief constable of each municipality, on receipt of the particulars of an accident, or a report and statement concerning an accident, in which a vehicle is in any manner, directly or indirectly, involved, shall forthwith send to the registrar a copy of those particulars or of that report and statement on a form prescribed by, or satisfactory to, the registrar.
158(4) On request of a person involved in the accident or his authorized representative, or a person or insurance company who or which has paid, or may be liable to pay, for damages resulting from the accident, the senior officer or chief constable, as the case may be, shall furnish to him
(a) the information received by him under subsection (2) respecting the accident; and
(b) if authorized in writing by the Minister of Justice, either generally or in any specific case, such other information and particulars contained in the report or statement as may be specified in the written authorization.
S.M. 1993, c. 48, s. 68; S.M. 1997, c. 37, s. 18; S.M. 2005, c. 37, Sch. B, s. 34.
159(1) The registrar may require the driver, owner, or other person in charge, of a vehicle that is in any manner, directly or indirectly, involved in an accident, and any peace officer to file, upon a form furnished by the registrar, a supplemental report of an accident in any case where, in the opinion of the registrar, the original report of the accident is insufficient.
159(2) A supplemental report furnished under subsection (1) is without prejudice, and for the information of the minister and the registrar, and is not open to public inspection.
PROOF OF FINANCIAL RESPONSIBILITY
Giving of proof of financial responsibility
160(1) If this Act or The Drivers and Vehicles Act requires a person to give proof of financial responsibility, the person shall give it to the registrar unless this Act or The Drivers and Vehicles Act requires it to be given to another person.
160(2) Subject to subsection 271(5), where proof of financial responsibility is required to be given by any person, unless he or she is, under subsection (3), subsequently exempted from maintaining the proof, he or she must thereafter at all times maintain it
(a) while he or she holds a driver's licence; or
(b) while any motor vehicle is registered in his or her name; or
(c) in the case of a person who is not a resident of the province, while he or she has the privilege of driving a motor vehicle in the province or the privilege of using, or having in the province, a motor vehicle registered in his or her name in any province, state, or country;
and the registrar shall suspend the licence or permit of, and the registration of every motor vehicle registered in the name of, any person who fails to comply with this subsection until he or she gives proof of financial responsibility.
Exemption from maintenance of proof of financial responsibility
160(3) Where a person is required to give proof of financial responsibility under section 270 or 271 in respect of a judgment or accident, if, after a period of thirty-six months next following the end of the month in which the liability to give proof first arose, and the registrar is satisfied that the judgment has been satisfied, the registrar shall exempt the person from maintaining proof in respect of the judgment or accident.
160(4) Subject to subsections (5) and (6), a person who is required to give proof of financial responsibility shall give proof of responsibility that
(a) is in an amount not less than $200,000., excluding interest and costs, in respect of liability for any or all of the following, arising out of one accident:
(i) bodily injury to, or the death of, one or more persons,
(ii) loss of, or damage to, property; and
(b) includes the provision that
(i) claims arising out of bodily injury or death have priority, to the extent of $180,000., over claims arising out of loss of, or damage to, property, and
(ii) claims arising out of loss of, or damage to, property have priority, to the extent of $20,000., over claims arising out of bodily injury or death.
Proof by owner for each vehicle
160(4.1) If the person giving proof of financial responsibility is an owner, the person shall give proof of responsibility that complies with subsection (4) in respect of each vehicle registered in his or her name.
Where additional proof required
160(5) The minister may, in his discretion, at any time, require proof of additional financial responsibility to that filed or deposited by a driver or owner pursuant to this Part; and the registrar may suspend the driver's licence and the owner's registration, if any, until the proof has been furnished.
160(6) In the case of an owner of ten or more motor vehicles to whom this Part applies, proof of financial responsibility in a form, and in an amount not less than $200,000., satisfactory to the registrar, may be accepted as sufficient for the purposes of this Part.
S.M. 2001, c. 7, s. 15; S.M. 2004, c. 30, s. 23; S.M. 2005, c. 37, Sch. B, s. 35.
161(1) Subject to subsection 160(6), where proof of financial responsibility is required to be given by any person, it shall be given in one of the alternative forms hereinafter described, namely;
(a) the written certificate, filed with the registrar, of an insurance company duly authorized to carry on in the province the business of automobile insurance, which certificate shall certify
(i) that the company has issued to, or for the benefit of the insured named therein, a motor vehicle liability policy, in the form required by this Part, which, at the date of the certificate, is in full force and effect, and
(ii) that the motor vehicle liability policy therein mentioned shall not be cancelled or expire except upon 10 days' prior written notice thereof to the registrar; or
(b) the bond of a guarantee insurance or surety company duly authorized to carry on business in the province, which bond shall
(i) be payable to the Minister of Finance,
(ii) be in a form approved by the registrar,
(iii) be filed with the registrar,
(iv) be conditioned for the payment of the amount specified in this Part, and
(v) not be cancelled or expire except after 10 days' written notice to the registrar; or
(c) the certificate of the Minister of Finance that the person named therein has deposited with him a sum of money, or security for money approved by the Minister of Finance, in the amount or value of $200,000. for each motor vehicle registered in the name of the person; which deposit shall be accepted and certificate issued by the Minister of Finance on request by that person; or
(d) a motor vehicle liability insurance card.
Effect of cancellation, etc., of licence of insurer
161(2) Where the Superintendent of Insurance notifies the registrar that the licence of an insurer duly authorized to carry on in the province the business of automobile insurance has been cancelled or suspended, a certificate given under clause (1)(a) by that insurer is not, thereafter, proof of financial responsibility; and the registrar shall immediately require every person who is maintaining proof of financial responsibility by such a certificate from that insurer to file, within ten days or such shorter period as may be fixed by the registrar, further proof of financial responsibility by a certificate from some other insurer or in any other form authorized by subsection (1).
161(3) Where a person required under subsection (2), to file further proof of financial responsibility fails to do so within the time fixed, this Part applies as if he had not previously filed proof of financial responsibility.
161(4) Where a certificate has been given by an insurance company under clause (1)(a), until notice of cancellation or expiration is given by the company to the registrar as provided in that clause or until the certificate ceases, as provided in subsection (2), to be proof of financial responsibility, the certificate is valid and sufficient to cover the term of renewal of a motor vehicle liability policy by the insurer, or any renewal or extension of the term of the insured's licence or registration by the registrar.
161(5) A person who is not a resident of Manitoba may, for the purposes of this Part, give proof of financial responsibility,
(a) as provided in subsection (1); or
(b) subject to subsection (6), by filing a certificate of insurance in a form approved by the registrar, issued by any insurer authorized to transact automobile insurance in the province, state, territory, district, or country, in which the person resides.
Certificates of unlicensed insurers
161(6) A certificate issued under clause (5)(b) by an insurer that is not authorized to carry on in Manitoba the business of automobile insurance is not effectual for the purpose of subsection (5) unless the insurer has filed with the Superintendent of Insurance, in a form prescribed by him,
(a) a power of attorney authorizing the Superintendent of Insurance to accept service of notice or process for itself in any action or proceeding against it arising out of a motor vehicle accident in Manitoba;
(b) an undertaking
(i) to appear in any action or proceeding against it or its insured arising out of a motor vehicle accident in Manitoba and of which it has knowledge,
(ii) that upon receipt from the Superintendent of Insurance of any notice or process served upon him in respect of its insured, or in respect of its insured and another or others, and sent by the superintendent to it as hereinafter provided, it will forthwith cause the notice or process to be personally served upon its insured, and
(iii) not to set up any defence to any claim, action, or proceeding, under a motor vehicle liability policy issued by it, which might not be set up if the policy had been issued in Manitoba in accordance with the law of Manitoba relating to motor vehicle liability policies, and to satisfy up to the limits of liability stated in the policy and, in any event, to an amount not less than the limits of liability fixed in section 160 any judgment rendered against it or its insured by a court in Manitoba, and become final, in any such action or proceeding.
Service of documents on unlicensed insurers
161(7) Subject to subsection (8), where an insurer to which subsection (5) refers is not authorized to carry on in Manitoba the business of automobile insurance, notice or process in any action or proceeding in Manitoba against it or its insured arising out of a motor vehicle accident in Manitoba, may be effectually served upon the insurer or the insured, or upon both of them, by leaving three copies of the notice or process with the Superintendent of Insurance.
Statement furnished to Superintendent of Insurance
161(8) Where the insurer is not a party to the action or proceeding, the person who leaves with the superintendent the copies of the notice or process shall, at the same time, leave with him a written statement, signed by the person who issued or caused to be issued the notice or process, and stating the full name and address of the insurer against whose insured the action or proceeding is taken.
Action by Superintendent of Insurance
161(9) Upon receipt of notice or process under subsection (7), the Superintendent of Insurance shall forthwith mail two copies thereof, by registered mail, to the insurer at its address last known to him.
Evidence of undertaking by unlicensed insurer
161(10) In any action or proceeding against an insurer who has given to the superintendent an undertaking under clause (6)(b), the plaintiff may give evidence of the undertaking; and the undertaking shall for all purposes of the action or proceeding be deemed to be a covenant for valuable consideration made by the insurer with the plaintiff.
Action on default by unlicensed insurer
161(11) Where an insurer that has filed the documents described in subsection (6) defaults thereunder, certificates of the insurer shall not thereafter be accepted as proof of financial responsibility so long as the default continues; and the registrar shall forthwith give written notice of the default to the Superintendent of Insurance and to the proper officers in charge of the registration of motor vehicles, and the licensing of drivers, in all provinces of Canada and in all states, territories, or districts, in the United States where the certificates of the insurer are accepted as proof of financial responsibility.
SECURITY FOR DAMAGES CAUSED BY ACCIDENT
Amount of security for damages
162 Where security is required to be given by any person under clause 271(4)(a), it shall be given by him to the registrar in the amount required by the registrar but not in any case exceeding $200,000 (exclusive of interest and costs) in respect of liability resulting from
(a) bodily injury to, or the death of, one or more persons; or
(b) loss of, or damage to, property;
in one accident, or from both the causes stated in clauses (a) and (b); and shall include a provision that
(c) claims arising out of bodily injury or death have priority, to the extent of $180,000, over claims arising out of loss of, or damage to, property; and
(d) claims arising out of loss of, or damage to, property have priority, to the extent of $20,000, over claims arising out of bodily injury or death.
163 Where security is required to be given by any person under clause 271(4)(a), it shall be given by the certificate of the Minister of Finance that the person named therein has deposited with him the sum of money fixed by the registrar, or security for money approved by the Minister of Finance, which deposit shall be accepted and certificate issued by the Minister of Finance on request by that person.
DISPOSITION OF DEPOSITS
Proof of financial responsibility as security for payment
164(1) Proof of financial responsibility given under section 161, shall be held as security for the payment of any judgment that may be recovered against the person making the deposit in an action for damages resulting from bodily injury to, or the death of, another or damage exceeding $1,000. to property caused by an accident, occurring after the date upon which the deposit is made and occasioned by, or arising out of, the ownership, maintenance, operation, or use, of a motor vehicle by the person making the deposit or by any other person for whose negligence the person making the deposit is liable.
Security with Minister of Finance held as security for payment
164(2) Any money or security deposited with the Minister of Finance under section 163, shall be held by the Minister of Finance as security for the payment of any sum that may be agreed upon as liquidated damages, or any judgment that may thereafter be recovered against the person making the deposit in an action for damages resulting from bodily injury to, or the death of, another or damages exceeding $1,000. to property caused by an accident,
(a) by reason of the occurrence of which the deposit of security is required; and
(b) which was occasioned by, or arose out of, the ownership, maintenance, operation, or use, of a motor vehicle by the person making the deposit or by another person for whose negligence the person making the deposit is liable.
Order for payment from security deposited
164(3) Money and securities deposited with the Minister of Finance shall be paid over by him on the order of the court, or of a judge thereof, to satisfy a judgment recovered as set out in subsection (1) or (2), or to satisfy any sum that may be agreed upon as liquidated damages occasioned by, or arising out of, the accident.
Security not subject to other claims
164(4) A bond, money, or security, deposited with the registrar or the Minister of Finance pursuant to section 161 or 163, shall not, in the hands of the registrar or the Minister of Finance, respectively, be subject to any other claim or demand.
164(5) Where a judgment to which this Part applies is rendered against the principal named in the bond deposited with the registrar, and the judgment is not satisfied within thirty days after it has been rendered, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action on the bond in the name of the Minister of Finance; and may, to the extent of the bond but no more, recover the amount of his judgment and costs against the person executing the bond; and the amount so recovered shall, on the order of the court in which the judgment is obtained, or of a judge thereof, be paid over to the person recovering the judgment.
164(6) Where the Minister of Finance is satisfied that a sum has been agreed upon as liquidated damages occasioned by, or arising out of, the accident, upon request of the person making the deposit he may, from the money or securities so deposited, pay to the person entitled thereto the sum agreed upon; and, if he is satisfied that the sum agreed upon has been paid, he may pay to the person making the deposit the money or securities so deposited with him or the balance thereof remaining in his hands after making payment as aforesaid of the sum agreed upon.
S.M. 1991-92, c. 25, s. 40.
INSURANCE POLICIES
165(1) A motor vehicle liability policy to which reference is made in this Part includes insurance coverage provided under The Manitoba Public Insurance Corporation Act and the regulations made thereunder, whether evidenced by a form of policy or not, or in a form prescribed under The Insurance Act.
Delivery of certificate of financial responsibility
165(2) Any insurer that has issued a motor vehicle liability policy to a person who is required under this Part to give proof of financial responsibility shall, as and when the insured requests, deliver to him for filing, or file direct with the registrar, a certificate for the purposes of this Part.
165(3) Such a certificate filed with the registrar shall be a conclusive admission by the insurer that a policy has been issued in the form prescribed by subsection (1) and in accordance with the terms of the certificate.
Notice of cancellation or expiry of policy
165(4) Every insurer shall notify the registrar of the cancellation or expiry of any motor vehicle liability policy for which a certificate has been issued, at least ten days before the date of the cancellation or expiry; and, in the event of failure to give such notice, the policy shall remain in full force and effect.
RECIPROCAL ARRANGEMENTS
Suspension of driving privileges of non-resident judgment debtor
166(1) Subject to subsection 270(1), where a judgment is rendered by any court in Canada or the United States against a person who is not a resident of the province and who fails to satisfy the judgment within 30 days from the date thereof, in an action for damages resulting from bodily injury to, or the death of, another, or damage exceeding $1,000. to property, occasioned by, or arising out of, the ownership, maintenance, operation, or use, of a motor vehicle by that person, the privilege of driving a motor vehicle in the province (other than to remove it therefrom) and the privilege of using, or having in the province, a motor vehicle registered in any province, state, or country in the name of that person, by reason thereof, is and becomes suspended forthwith upon the recovery of the judgment, and remains suspended until the person has, to the extent required by subsection 270(5), discharged or satisfied the judgment and given proof of financial responsibility.
Suspension of non-resident for conviction
166(2) Where a person who is not a resident of the province is convicted by any court in Canada or the United States of an offence mentioned in subsection 264(1), or of an offence that, if committed in Manitoba, would be a violation of one or more of the provisions of the law mentioned in subsection 264(1), or forfeits his bail when charged with such an offence, the privilege of driving a motor vehicle in the province (other than to remove it therefrom) and the privilege of using, or having in the province, a motor vehicle registered in any province, state, or country in the name of that person, by reason of the conviction or forfeiture, is and becomes suspended forthwith upon such conviction or forfeiture, and remains suspended until he gives proof of financial responsibility.
Suspension of non-resident involved in accident
166(3) Where a person who is not a resident of the province is the driver or owner of a motor vehicle that is in any manner, directly or indirectly, involved in an accident causing bodily injury to, or the death of, any person or damage to property in an amount apparently exceeding $1,000., the privilege of driving a motor vehicle in the province (other than to remove it therefrom) and the privilege of using, or having in the province, a motor vehicle registered in any province, state, or country in the name of that person, by reason of the motor vehicle being, directly or indirectly, involved in the accident, is suspended forthwith upon the happening of the accident, and remains suspended until the person
(a) gives security, sufficient in the opinion of the registrar, to satisfy any judgment that may thereafter be recovered against that person as a result of the accident, or any sum that may be agreed upon as liquidated damages, but subject to the limit as to amount stated in section 160; and
(b) gives proof of financial responsibility.
S.M. 1991-92, c. 25, s. 40 and 46.
Reciprocal suspension and cancellation of licences and registrations
167 Where under the laws of a province or territory of Canada or a state of the United States of America or the District of Columbia, a person's licence or the registration of a person's motor vehicle is suspended, cancelled or revoked or a person is disqualified or prohibited from driving a motor vehicle, holding a driver's licence or registering his or her vehicle under a provision of that law that the registrar determines to be analogous to a provision of this Act or the regulations, the registrar shall suspend, cancel or revoke the person's licence or the registration of the person's motor vehicle or disqualify the person from driving a motor vehicle, applying for or holding a driver's licence or registering his or her vehicle in Manitoba for the length of time provided under that law.
S.M. 1989-90, c. 56, s. 23.
PART VI
PROHIBITIONS, OFFENCES, AND PENALTIES
DIVISION I
PROHIBITIONS
AS TO REGISTRATIONS, LICENCES AND PERMITS
168(1) No person under the age of sixteen years shall register a motor vehicle.
Limitation on registration by minors
168(2) No person under the age of 18 years shall register a motor vehicle unless the application for registration is approved and signed
(a) by both of the applicant's parents;
(b) if the registrar is satisfied that it is not practical or desirable to obtain the approval and signature of both of the applicant's parents, by either of them;
(c) if one of the applicant's parents is dead, by the surviving parent;
(d) if the registrar is satisfied that the approval and signature of neither of the applicant's parents should be required, or if both of the applicant's parents are dead, by the applicant's legal guardian; or
(e) in circumstances described in clause (d) but in which the applicant has no legal guardian, by his or her employer, or any other person the registrar considers to be a responsible and suitable person.
Cancellation of registration issued to minor
168(3) The registrar, on the written request of a person who has approved and signed an application by a minor pursuant to subsection (2) shall cancel the registration made by the minor.
Prohibition of truck registration
169 No person shall register a motor vehicle that is not a truck as a truck.
Prohibitions respecting registrations, use of licences, cards, etc.
170(1) No person shall
(a) use or possess a fictitious, cancelled or suspended registration;
(a.1) use or possess the licence of another person, or permit another to use or possess his or her licence, or possess a fictitious or altered licence, for any purpose other than one described in clause (a.2);
(a.2) use or possess the licence of another person, or permit another to use or possess his or her licence, or use or possess a fictitious or altered licence, for the purpose of purchasing or obtaining or attempting to purchase or obtain liquor in contravention of The Liquor Control Act;
(b) apply for, or procure the issuance of a new licence to himself during the period his licence is cancelled or suspended or during the period that he is disqualified from holding a licence, notwithstanding that the year for which the licence was issued has expired;
(c) apply for or procure the registration of a motor vehicle during the period that the registration of the motor vehicle or the registration card issued therefor is suspended or cancelled or during the period in which he is disqualified from registering a motor vehicle, notwithstanding that the year for which the registration was made has expired;
(d) use a driver's licence that is not valid;
(e) alter or deface a registration card, a licence, a motor vehicle liability insurance card, or a certificate of insurance issued under The Manitoba Public Insurance Corporation Act, or any other document, certificate, permit or card issued under, or required by, this Act or The Drivers and Vehicles Act;
(f) use or possess
(i) a licence that has been defaced, or
(ii) a registration card, a permit, a motor vehicle liability insurance card, or a certificate of insurance issued under The Manitoba Public Insurance Corporation Act, or any other document, certificate, permit or card issued under, or required by, this Act or The Drivers and Vehicles Act, that has been altered or defaced or is illegible;
(g) lend his permit or licence of any class to another person or permit another person to use it;
(h) when applying for a driver's licence or permit or a renewal, replacement or reinstatement of a driver's licence or permit represent himself or herself to be another person; or
(i) hold, at any time,
(i) both a valid driver's licence and a valid out-of-province driving permit, or
(ii) more than one valid out-of-province driving permit.
170(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to the fine set out in subsection 239(1).
170(3) In addition to imposing a fine under subsection (2), the convicting judge or justice
(a) shall, if the contravention is under clause (1)(a.2),
(i) suspend the person's licence for a term of not more than one year, or
(ii) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction,
(A) the person does not hold a licence, or
(B) the person's licence is suspended or he or she is disqualified from holding a licence; and
(b) may, if the contravention is under another clause, impose such a suspension or disqualification.
Seizure of registration card, licence or other things
170(4) A peace officer who on reasonable grounds believes that a person has contravened subsection (1) may
(a) seize the registration card, licence, document, certificate, permit or other card involved in the contravention; and
(b) if the contravention is under clause (1)(a) or (c) or subclause (1)(f)(ii), also seize the number plates involved in the contravention.
170(5) If a registration card, number plate, licence, document, certificate, permit or other card has been seized under subsection (4), the judge or justice hearing a proceeding about the contravention may
(a) order it confiscated; or
(b) order it returned to its owner, subject to such conditions as the judge or justice considers appropriate.
S.M. 1989-90, c. 55, s. 9; S.M. 1993, c. 40, s. 47; S.M. 1994, c. 4, s. 6; S.M. 2001, c. 7, s. 17; S.M. 2002, c. 40, s. 11; S.M. 2005, c. 37, Sch. B, s. 36.
Removing or defacing vehicle identification numbers
171(1) No person shall
(a) remove, deface, alter, obliterate, destroy or make illegible the vehicle identification number of a motor vehicle; or
(b) operate, buy, sell, offer for sale or expose for sale a motor vehicle unless
(i) it has its vehicle identification number, and
(ii) that vehicle identification number has not been defaced, altered or obliterated and has not become illegible.
171(1.1) Clause (1)(a) does not apply in relation to a motor vehicle whose vehicle identification number
(a) is removed or destroyed when a vehicle identification number authorized by the registrar under The Drivers and Vehicles Ac is attached; or
(b) is destroyed when the motor vehicle is destroyed for scrap by a recycler after he or she has complied with the requirements of the regulations in relation to that motor vehicle.
Alteration or illegal use of plates
171(2) No person shall
(a) deface or alter a number plate or use or permit the use of a defaced or altered number plate;
(b) deface or alter a currently valid validation sticker or use or permit the use of an altered or defaced currently valid validation sticker;
(b.1) deface or alter a registration class sticker or use or permit the use on a number plate of an altered or defaced registration class sticker;
(c) remove a number plate from a motor vehicle or trailer or a currently valid validation sticker or registration class sticker from the number plate on a motor vehicle or trailer except with the consent of the owner, under the authority of the registrar or as permitted by this Act, The Drivers and Vehicles Act or the regulations under either of those Acts;
(c.1) attach or permit the attachment to a motor vehicle or trailer of a fictitious number plate or anything that is made to resemble a number plate;
(c.2) operate or permit the operation of a motor vehicle or trailer to which is attached a fictitious number plate or anything that is made to resemble a number plate;
(d) attach or permit the attachment to a motor vehicle or trailer of a number plate that is not authorized for use on that motor vehicle or trailer, except as permitted by this Act, The Drivers and Vehicles Act or the regulations under either of those Acts;
(e) operate or permit the operation of a motor vehicle or trailer to which is attached a number plate that is not authorized for use on that motor vehicle or trailer, except as permitted by this Act, The Drivers and Vehicles Act or the regulations under either of those Acts; or
(f) display a validation sticker or registration class sticker on a number plate on a motor vehicle or trailer if it was not issued for display on that number plate.
171(3) A person who contravenes a provision of subsection (1) or (2) is guilty of an offence and is liable on summary conviction to the penalties set out in section 239.
Seizure of number plates or other things
171(4) A peace officer who on reasonable grounds believes that a person has contravened subsection (2) may seize the sticker, number plate or other thing involved in the contravention.
171(5) If a sticker, number plate or other thing has been seized under subsection (4), the judge or justice hearing a proceeding about the contravention may
(a) order it confiscated; or
(b) order it returned to its owner, subject to such conditions as the judge or justice considers appropriate.
S.M. 1994, c. 4, s. 7; S.M. 1997, c. 37, s. 19; S.M. 2002, c. 40, s. 12; S.M. 2005, c. 37, Sch. B, s. 37.
172(1) No person shall represent the model year of a vehicle on a sale thereof, in offering it for sale, or in any application made for its registration or for a permit for it under this Act or The Drivers and Vehicles Act, to be other than the model year as designated by the manufacturer of the vehicle at the time it was manufactured.
172(2) Repealed, S.M. 2002, c. 40, s. 13.
S.M. 2002, c. 40, s. 13; S.M. 2005, c. 37, Sch. B, s. 38.
173(1) No person shall drive a motor vehicle on a highway unless
(a) he or she holds a valid driver's licence of a class that authorizes him or her to operate the class of motor vehicle he or she is operating; or
(b) he or she holds a valid out-of-province driving permit that authorizes him or her to operate the class of motor vehicle he or she is operating, and he or she is authorized by section 31 of The Drivers and Vehicles Act to drive the motor vehicle in Manitoba.
Compliance with restricted licence
173(2) A person who holds a licence issued under section 5 of The Drivers and Vehicles Act shall not drive a motor vehicle other than one the licence authorizes, and shall observe and conform to the restrictions, conditions or limitations stated in the licence.
S.M. 2001, c. 7, s. 18; S.M. 2005, c. 37, Sch. B, s. 39.
Prohibitions as to age and health
174(1) No person shall drive a motor vehicle upon a highway
(a) who is under the age of 16 years; or
(b) who has a disease or disability that may be expected to interfere with the safe operation of a motor vehicle that may be operated with the class of licence or permit held by the person.
Non-application of clause (1)(a)
174(2) Clause (1)(a) does not apply to a novice driver who holds a licence of a class or subclass prescribed for novice drivers in the regulations under The Drivers and Vehicles Act.
Minimum age for driving certain vehicles
174(3) Except as otherwise permitted in this Act or The Off-Road Vehicles Act, no person who is under the age of 18 years shall operate a motor vehicle other than a class 5 or 6 motor vehicle.
174(4) Repealed, S.M. 2005, c. 37, Sch. B, s. 40.
S.M. 1989-90, c. 56, s. 24; S.M. 1995, c. 31, s. 12; S.M. 1999, c. 13, s. 2; S.M. 2001, c. 7, s. 19; S.M. 2005, c. 37, Sch. B, s. 40.
Driving of overweight vehicles prohibited
175(1) The owner of a motor vehicle or trailer shall not drive or cause it to be driven upon a highway at any time when the gross weight thereof is in excess of that for which the motor vehicle or trailer is registered.
175(2) Repealed, S.M. 2002, c. 40, s. 13.
Complying with conditional or restricted registration
176(1) If the registrar has allowed the conditional or restricted registration of a motor vehicle under The Drivers and Vehicles Act, no person shall drive the motor vehicle on a highway, or permit the motor vehicle to be driven on a highway, except in compliance with the conditions or restrictions of the registration.
176(2) Repealed, S.M. 2002, c. 40, s. 13.
S.M. 1994, c. 4, s. 8; S.M. 2002, c. 40, s. 13; S.M. 2005, c. 37, Sch. B, s. 41.
177(1) No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable flow of traffic except when it is necessary to do so for safe operation or to comply with this Part.
177(2) Repealed, S.M. 1999, c. 13, s. 3.
Maximum speed for tractors and implements of husbandry
177(3) No person shall drive a tractor, or drive or tow an implement of husbandry, at a speed that is more than the lesser of
(a) the lowest maximum rated speed of the tires of the tractor or implement, as indicated on the side walls of the tires; and
(b) 70 kilometres per hour.
Restriction on speed of special mobile machines
177(4) No person shall drive a self-propelled special mobile machine on a highway at a speed in excess of 50 kilometres per hour.
177(4.1) Subsection (4) does not apply to a truck which is a special mobile machine used for the ploughing or clearing of snow.
177(5) Repealed, S.M. 2001, c. 19, s. 18.
S.M. 1989-90, c. 56, s. 25; S.M. 1999, c. 13, s. 3; S.M. 2001, c. 19, s. 18.
Warning device on slow vehicles
178(1) Subject to subsection (2), no person shall drive or operate on a highway any vehicle travelling at a speed less than 40 kilometres per hour unless there is displayed on the back thereof a reflectorized warning device of a type approved by the traffic board indicating that it is a slow moving vehicle, or the vehicle is permitted to be equipped with, and is equipped with, a lamp that emits an amber light and that lights intermittently or flashes, and the lamp is in operation and the light therefrom is visible from the rear.
Where subsection (1) not applicable
178(2) Except as provided in the regulations, subsection (1) does not apply to a vehicle, moped or mobility vehicle that is being driven at a speed of less than 40 kilometres per hour
(a) in order to comply with any provision of this Act or the regulations or with the order of a peace officer or with the directions indicated by means of a traffic control device; or
(b) when the vehicle, having been stopped, has just been put into operation and the speed thereof is being accelerated, or when the speed of the vehicle is being decreased in order to bring it to a stop; or
(c) when the vehicle is disabled and is being towed or when, due to mechanical failure, it is impossible to drive the vehicle at more than 40 kilometres per hour.
S.M. 1996, c. 19, s. 5; S.M. 1999, c. 13, s. 4.
179(1) No person in control or charge of a motor vehicle shall,
(a) sound or permit the sounding of any bell, horn, or other signalling device so as to make an unnecessary noise; or
(b) permit any unnecessary amount of smoke to escape from the motor vehicle; or
(c) cause the motor vehicle to make an unnecessary noise by cutting out the muffler or otherwise; or
(d) drive the motor vehicle upon a highway unless it is equipped with a muffler in good working order;
but clause (a) does not apply to police or fire department vehicles or to ambulances while such vehicles or ambulances are travelling in emergencies, or to a motor vehicle operated under the authority of the Provincial Co-ordinator of Civil Defence for Manitoba.
179(2) No person shall start, drive, turn or stop a motor vehicle, or accelerate the motor of a motor vehicle while it is stationary, in such a manner as to cause any loud and unnecessary noise in, or from, the engine, exhaust system or braking system, or from the contact of tires with the roadway.
180(1) No person, other than a farmer, shall register a truck as a farm truck.
Prohibition re operating beacons
180(1.1) No person shall drive a farm truck on a highway while it is equipped with an amber oscillating lamp that is illuminated unless the farm truck is
(a) being used for the transportation of produce, a product, a commodity or property described in clause (2)(a), (b), (c) or (e); or
(b) towing a vehicle.
180(2) A farm truck may be used by the registered owner thereof, or by a member of his family or his employee, for the transportation of
(a) produce or products, including livestock, of his own farm; or
(b) commodities or other property for use on his farm; or
(c) produce or products of the farm except
(i) milk and eggs belonging to another farmer, and
(ii) livestock belonging to another farmer unless the livestock is being transported to or from a farm, pasture or agricultural exhibition or fair and the gross vehicle weight of the vehicle or combination of vehicles used does not exceed 13,500 kilograms; or
(d) himself or members of his family, or his employees; or
(e) property belonging to another farmer for use on that other farmer's farm.
Use of farm truck by municipal councillors etc.
180(2.1) A farm truck may be used
(a) by a member of a municipal council, or of the council of a local government district, in the course of performing his or her duties and functions as such; and
(b) by a volunteer, part-time or on-call fire-fighter or emergency medical responder in the course of performing his or her duties and functions as such.
Limitation on use of farm truck
180(3) No person shall use a farm truck for the transportation of goods, wares, merchandise or other commodities, produce or livestock, or of persons, except as provided in subsection (2) and (2.1).
Farm truck not to be used for hire
180(4) Except as permitted under subsection (2.1), no person shall use a farm truck for the transportation of persons or property for hire, gain or reward or the hope or expectation thereof.
180(4.1) Repealed, S.M. 1999, c. 13, s. 5.
Operation of farm truck for limited compensation
180(5) Notwithstanding subsection (4), a person may use a farm truck
(a) to transport cereal grain, oil seeds or sugar beets from the farm where the crop was grown to a grain elevator or processing plant; or
(b) to transport vegetables or fruit from the farm where the crop was grown to a processing plant or to market; or
(c) to transport livestock to or from a farm, pasture, or agricultural exhibition or fair, where the gross vehicle weight of the vehicle or combination of vehicles used does not exceed 13,500 kilograms; or
(d) in the case of a fire of or in a grain elevator, to transport grain stored in the grain elevator to a place directed by the owner of the grain elevator;
and may receive compensation therefor not to exceed indemnification for out of pocket expenses actually incurred in the performance of the transportation.
180(6) Every person transporting livestock by means of a farm truck shall comply with the applicable provisions of The Livestock and Livestock Products Act.
S.M. 1985-86, c. 13, s. 3; S.M. 1987-88, c. 23, s. 13 to 15; S.M. 1989-90, c. 56, s. 26 to 28; S.M. 1991-92, c. 25, s. 47 and 48; S.M. 1996, c. 19, s. 6; S.M. 1997, c. 31, s. 27; S.M. 1999, c. 13, s. 5.
Towing of vehicles transporting hazardous commodities
181 Every person towing a vehicle or tank-trailer that is transporting any hazardous commodity upon a highway shall comply with the regulations.
Moving vehicle not under control prohibited
182(1) No person shall cause a vehicle to move on a highway if
(a) the control of the driver over the driving mechanism of the vehicle; or
(b) the view of the driver to the front or sides of the vehicle;
is obstructed or limited by reason of the load or the number of persons on the front seat, or in any other part of the vehicle.
Passengers not to block view of driver
182(2) A passenger in a vehicle shall not occupy a position in it that interferes with the driver's view to the front or sides of the vehicle or with his control over the driving mechanism of the vehicle.
Undue crowding on front seat prohibited
182(3) No driver of a motor vehicle shall permit more than two passengers to sit on the front or driver's seat of the vehicle while it is being driven on a highway, or permit any passenger to occupy any other portion of the vehicle in such a way that the view of the driver to the front or sides of the vehicle is obstructed or limited.
182(4) Subject to section 58, no person shall drive a motor vehicle upon a highway while anything other than a standard rear view mirror or sun visor
(a) obstructs the view from the front windshield; or
(b) obstructs the view from the side windows; or
(c) obstructs the view from the rear windows unless the motor vehicle is equipped on each side thereof with a mirror, securely attached thereto and placed in such a position as to afford the driver, while driving, a clear view of the roadway in the rear and on both sides of the motor vehicle and of any vehicle approaching from the rear.
No plastic, etc. to be applied to windows
182(5) No person shall apply a plastic film or substance to the windshield, side windows or rear window of a motor vehicle which, after application,
(a) reduces the transmission of light through the windshield or window below the minimum level for light transmission prescribed in the regulations; or
(b) causes reflection of light above the maximum level for light reflection prescribed in the regulations.
Certain types of glass prohibited
182(6) No person shall equip a motor vehicle with glass of a type which transmits light in one direction only.
Driving vehicle with plastic applied to windows prohibited
182(7) No person shall drive a motor vehicle on a highway which has been equipped contrary to subsection (5) or (6).
182(8) Subsections (5), (6) and (7) do not apply in the case of a motor vehicle equipped with frost shields as required by the Act or displaying a sticker for which a permit has been issued under section 58.
182(9) Where any seat installed in the front of a motor vehicle is of a type designed to accommodate one person only, commonly called a "bucket" seat,
(a) the driver of the vehicle shall not permit more than one person to occupy that seat;
(b) the driver of the vehicle shall not permit any person to occupy the space between the driver's seat and the seat immediately beside the driver;
(c) no person shall, together with another person, occupy the seat; and
(d) no person shall occupy the space between the driver's seat and the seat next to the driver's seat.
182(10) Repealed, S.M. 1989-90, c. 56, s. 30.
S.M. 1989-90, c. 56, s. 29 and 30.
183(1) No driver of a motor vehicle being driven on a highway shall permit a person to ride on the motor vehicle, or on any trailer that is attached thereto, in a manner that is unsafe or dangerous, or on the hood, fenders, or running boards of the motor vehicle; and no person shall ride on a motor vehicle in any manner or position mentioned in this section.
183(2) No person shall occupy a house trailer while it is being moved upon a highway.
Driver's responsibility for house trailer
183(3) No driver of a motor vehicle towing a house trailer shall permit any person to occupy the house trailer while it is being moved upon a highway.
183(4) In this section "house trailer" means a vehicle capable of being attached to and drawn by a motor vehicle, and designed, constructed, or equipped for use as living or sleeping quarters for a person or persons.
Driver of motorcycle or moped to be on the seat
184(1) A person who is driving a motorcycle or moped shall ride only upon the regular driver's seat attached to it.
Position of seat on motorcycle or moped
184(2) No person shall drive a motorcycle or moped upon a highway with the driver's seat placed otherwise than in the position thereon provided for by the manufacturer of the motorcycle or moped.
Limitation on carriage of passengers on motorcycles
184(3) No person, other than the driver, shall ride on a motorcycle unless
(a) it is designed and equipped to carry more than one person; and
(b) he rides on a seat attached to the motorcycle and designed to carry a passenger.
Position of passenger seat, etc.
184(4) No person shall operate a motorcycle upon a highway unless
(a) the passenger's seat thereon, if any, is so placed as not to interfere with the operation of the motorcycle by the driver thereof; and
(b) the motorcycle is equipped with foot-rests for the passenger.
184(5) No person who is driving a motorcycle shall permit another person to ride on it in violation of subsection (3).
Restriction on carrying passengers on a moped
184(6) Subject to subsection (8), no person shall carry or transport a passenger on a moped while it is being operated on a highway.
184(7) No person, while operating a moped on a highway, shall carry or transport
(a) any object or thing on the front of the moped; or
(b) any object or thing on the rear of the moped that is of such size or is placed in such a way as to interfere with the proper operation and control of the moped by the operator, or that constitutes a hazard to other traffic.
Transportation of infant on mopeds
184(8) Subsection (6) does not apply to the operator of a moped that is carrying an infant, if
(a) the infant is on a seat especially designed for carrying infants on mopeds;
(b) the infant is under the age of 6 years;
(c) the seat is securely attached to the moped, behind the regular seat and as far forward and in as low a position as is practicable;
(d) the seat is equipped with a seat belt which fastens the infant, when the seat is occupied by the infant, at all times while the moped is in motion; and
(e) the seat is equipped with a shield to prevent any part of the body or clothing of the infant from coming into contact with any moving part of the moped.
Mopeds not to operate on certain Provincial Trunk Highways
185(1) Subject to subsection (2), no person shall operate a moped or a mobility vehicle on a Provincial Trunk Highway on which the maximum speed limit is more than 80 kilometres per hour.
185(2) Subsection (1) does not apply to an operator of a moped or a mobility vehicle crossing a Provincial Trunk Highway on which the speed limit is greater than 80 kilometres per hour if the crossing is made at an intersection and in the most direct route.
S.M. 1986-87, c. 14, s. 21 and 22.
186(1) In this Act, "seat belt assembly" means a seat belt assembly as defined in the regulations made under the Motor Vehicle Safety Act (Canada).
Condition of seat belt assembly
186(2) No person shall, on a highway, operate or permit the operation of a motor vehicle in which a seat belt assembly, or an automatic occupant protection system as defined in the regulations made under the Motor Vehicle Safety Act (Canada) and required by those regulations at the time the motor vehicle was manufactured in Canada or imported into Canada, has been removed, or has been modified or rendered partly or wholly inoperative so as to reduce its effectiveness.
186(3) Subject to subsection (5), every person who drives on a highway a motor vehicle in which a seat belt assembly is provided for the driver shall wear a complete seat belt assembly in a properly adjusted and securely fastened manner; but where a seat belt assembly consists of a separate pelvic and torso restraint the driver may wear the pelvic restraint only.
Seat belt required by passenger
186(4) Subject to subsection (5), every person who is a passenger in a motor vehicle while it is being driven on a highway in which a seat belt assembly is provided for seating positions occupied by the passenger shall wear the complete seat belt assembly in a properly adjusted and securely fastened manner; but where a seat belt assembly consists of a separate pelvic and a torso restraint the person may wear the pelvic restraint only.
Wearing seat belts not required
186(5) Subsections (3) and (4) do not apply to a person
(a) driving a motor vehicle in reverse;
(b) who holds a certificate signed by a qualified medical practitioner certifying that the person is during the period stated in the certificate, unable for medical reasons to wear a seat belt assembly and on request made by a peace officer produces the certificate;
(c) where the peace officer is satisfied that by reason of the person's size, build or other physical characteristics, the person is unable to wear a seat belt assembly;
(d) while he is engaged in work which requires him to alight from and re-enter the motor vehicle at frequent intervals and who while engaged in the work does not drive at a speed exceeding 40 kilometres per hour;
(e) who is a peace officer and the use of a seat belt assembly would obstruct or hinder him in the performance of his duties;
(f) who is a driving instructor of a driving instruction school or any other person while engaged in driving instruction;
(g) who is a provincial driver examiner while engaged in driver examination;
(h) who has not attained the age of 5 years; or
(i) who is in the care or custody of a peace officer.
186(6) Subject to subsection (7), no person shall drive on a highway a motor vehicle in which there is a passenger
(a) who has attained the age of at least 5 years but has not yet attained the age of 18 years; or
(b) who is under the age of 5 years but whose weight exceeds 50 pounds;
and who occupies a seating position for which a seat belt assembly is provided, unless that passenger is wearing the complete seat belt assembly in a properly adjusted and securely fastened manner; but where the seat belt assembly consists of a separate pelvic and torso restraint, the passenger may wear the pelvic restraint only.
Medical or physical restrictions
186(7) Subsection (6) does not apply where the passenger
(a) holds a certificate signed by a qualified medical practitioner certifying that the person is, during the period stated in the certificate, unable for medical reasons to wear a seat belt assembly, and on request made by a peace officer produces the certificate;
(b) is, to the satisfaction of a peace officer, of such size or build or possesses such other physical characteristics that he is unable to wear a seat belt assembly;
(c) is engaged in work which requires him to alight from and re-enter the motor vehicle at frequent intervals and the motor vehicle is not being driven at a speed exceeding 40 kilometres per hour; or
(d) is in the care or custody of a peace officer.
186(8) Subsections (3), (4) and (6) do not apply to
(a) a peace officer who in the lawful performance of his duty, is transporting a person in his care or custody;
(b) a driver where he is transporting a passenger for hire in a taxicab or livery; or
(c) a medical attendant where he is transporting a patient in an ambulance.
186(9) No person shall operate, or permit the operation of, a motor vehicle on a highway unless every passenger in the vehicle who has not yet attained the age of 5 years and who is under 50 pounds in weight is properly secured in a restraining device of a kind prescribed in the regulations and the device is properly secured to the motor vehicle.
Requirement for seat belts on sale of motor vehicle
186(10) No manufacturer of motor vehicles and no dealer, and no agent or employee of a manufacturer of motor vehicles or a dealer, and no other person, shall sell a motor vehicle that is, or is advertised to be, a motor vehicle of the model or make of the year 1971 or any subsequent year, unless the motor vehicle is equipped at the time of sale with a seat belt assembly or automatic occupant protection system, as defined in and required by the regulations made under the Motor Vehicle Safety Act (Canada), installed by the manufacturer.
Removal of seat belts prohibited
186(11) No person shall remove from a motor vehicle any part of a seat belt assembly or automatic occupant protection system as defined in the regulations made under the Motor Vehicle Safety Act (Canada) and as required under those regulations at the time the motor vehicle was manufactured in Canada or imported into Canada, except to replace broken, worn or damaged parts thereof.
186(12) A person who contravenes this section is guilty of an offence and
(a) if the contravention is under subsection (2), (3), (4), (6) or (9), is liable on summary conviction to the penalties set out in section 239; and
(b) if the contravention is under subsection (10) or (11), is liable on summary conviction to the fine set out in subsection 239(1).
186(13) Subsection (12) does not apply to a person who contravenes subsection (4) if that person at the time of the contravention is over 5 years of age but under 18 years of age.
186(14) The Lieutenant Governor in Council may make regulations
(a) prescribing the standards for child restraining devices; and
(b) providing for exemption from any provision of this section in respect of any type or class of motor vehicle, or any class of drivers, or passengers in motor vehicles.
S.M. 1991-92, c. 25, s. 49 to 52; S.M. 1992, c. 12, s. 3; S.M. 2002, c. 40, s. 14.
Helmets required when on a motorcycle or moped
187(1) No person shall ride on or operate a motorcycle or moped on a highway without wearing on his or her head a helmet that is properly adjusted and securely fastened, and conforms to the standards and specifications set out in the regulations.
187(2) Subsection (1) does not apply to the operator or passenger of a motorcycle which is manufactured with a cab that encloses and protects the operator and passenger.
187(3) Repealed, S.M. 2002, c. 40, s. 15.
187(4) The Lieutenant Governor in Council may make regulations prescribing the standards and specifications of helmets referred to in subsection (1).
S.M. 2002, c. 40, s. 15; S.M. 2004, c. 30, s. 24.
Definition of "drive carelessly"
188(1) In this section, "drive carelessly" or "driving carelessly" means to drive or driving a vehicle on a highway without due care and attention or without reasonable consideration for other persons using the highway.
Prohibition of careless driving
188(2) No person shall drive carelessly.
188(3) A person who contravenes subsection (2) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.
Licence suspension or disqualification
188(4) In addition to imposing a fine under subsection (3), 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.
189(1) No person shall race a motor vehicle with another motor vehicle upon a highway.
189(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.
Licence suspension or disqualification
189(3) In addition to imposing a fine 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.
189.1(1) If a highway is damaged by a vehicle or by the load on a vehicle, the following persons are guilty of an offence:
(a) the driver who was driving or towing the vehicle when the damage occurred, and any person who caused or permitted him or her to drive or tow it;
(b) any person who loaded the vehicle, and any person who caused or permitted another person to load the vehicle, if the load
(i) was higher or wider than the maximum height or width allowed under this Act or the regulations, or
(ii) did not comply with the conditions of a permit that had been issued under section 87 in respect of the vehicle or load.
189.1(2) The owner of a vehicle by means of which or in relation to which an offence under subsection (1) is committed is guilty of the same offence.
189.1(3) A person who is guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine of not more than $5,000.
190(1) No person shall drive a vehicle through or within a safety zone.
190(2) Repealed, S.M. 2004, c. 30, s. 25.
Prohibition of certain U-turns
191 No driver shall turn a vehicle so as to proceed in the opposite direction,
(a) unless he can do so without interfering with other traffic; or
(b) when he is driving
(i) upon a curve; or
(ii) upon an approach to, or near, the crest of a grade where the vehicle cannot be seen by the driver of another vehicle approaching from either direction within 150 metres; or
(iii) at a place where a sign prohibits making a U-turn.
Limitation respecting backing up
192 No driver shall back a vehicle unless the movement can be made in safety and without interfering with other persons upon the highway and other vehicles lawfully thereon.
Prohibition of driving on sidewalk
193(1) Except when entering or leaving a driveway or lane or when entering upon or leaving land adjacent to a highway, no driver shall drive a vehicle upon a sidewalk.
193(2) On a divided highway no driver shall drive a vehicle over, across, or within the intervening space, barrier, or dividing section, except at a crossover or intersection established by a traffic authority.
Entering limited access highways
194(1) Where on a limited access highway there is a place at which vehicles are permitted to enter, no person shall drive a vehicle onto the highway except at that place.
Leaving limited access highways
194(2) Where on a limited access highway there is a place at which vehicles are permitted to leave, no person shall drive a vehicle from the highway except at that place.
Driving on median and right-of-way prohibited
195(1) Subject to subsection (2), no person shall drive a motor vehicle upon a median of a highway or any portion of the right-of-way of a highway not designed for travel by motor vehicles.
195(2) Subsection (1) does not apply to drivers of special mobile machines, tractors used for maintenance, tow trucks, police vehicles, or other emergency vehicles including motor vehicles used for the repair or construction of telephone or power lines.
196(1) No person driving a vehicle on a highway shall lock any wheel of the vehicle except with the device commonly known as a lock-shoe.
Moving dangerous objects prohibited
196(2) No vehicle shall be driven, or object moved over, upon, or along, a highway that is likely to cause damage to the highway.
Definition of "air cushion vehicle"
197(1) In this section "air cushion vehicle" means a vehicle other than a motor vehicle, that is designed to derive support and thrust in the atmosphere primarily from reactions against the earth's surface of air expelled from the vehicle and that is commonly referred to as a "hovercraft".
Restriction of hovercraft on highways
197(2) No person shall operate an air cushion vehicle over, upon or across a highway except as may be provided in the regulations.
Responsibility of owner of air cushion vehicle
197(3) No owner of an air cushion vehicle shall permit or authorize any person to operate the air cushion vehicle over, upon or across a highway except as provided in the regulations.
Aircraft use of highways prohibited
197.1(1) Except as permitted by subsection (2), the regulations or a by-law made by a traffic authority under subsection (3), no person shall cause or permit an aircraft
(a) to land on a highway; or
(b) to take off from a highway.
Exceptions for emergency landings, etc.
197.1(2) Subsection (1) does not apply in respect of an aircraft that
(a) lands or takes off as the result of a medical emergency or in the course of a search and rescue, police, forest fire fighting or life saving operation; or
(b) lands as the result of a mechanical emergency, when no viable landing site other than the highway is available.
By-laws by traffic authorities
197.1(3) Subject to subsection (4), a traffic authority that is a municipality, the council of a band or a local government district may make by-laws, not inconsistent with the Aeronautics Act (Canada) and the regulations under that Act,
(a) prohibiting aircraft from landing on or taking off from highways under its authority;
(b) regulating the use of highways under its authority by aircraft for landings and takeoffs, including, but not limited to, requiring a permit to be obtained before any such use.
By-laws subject to regulations in certain cases
197.1(4) A traffic authority may make by-laws under subsection (3) despite any regulations under this Act regulating the use of highways for aircraft landings and takeoffs, but a by-law under clause (3)(b) may not contain safety and other requirements that are less stringent than the requirements set out in the regulations.
By-laws affecting departmental roads
197.1(5) When a by-law of a traffic authority under subsection (3) affects a departmental road, as defined in The Highways and Transportation Act, the 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 by-law.
197.1(6) The minister or the minister's delegate may, by a notice in writing, withdraw an approval given under subsection (5), and the withdrawal is effective, and the by-law previously approved is void, on and from the date set out in the notice.
197.1(7) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000.
Cleaning of livestock vehicles
198 A person who transports livestock or other animals in a truck or trailer shall not drive or leave the truck or trailer upon any highway when not transporting livestock or other animals unless the truck or trailer has been thoroughly cleansed and all excrement and filth has been removed therefrom.
AS TO USE OF MOTOR VEHICLE BY PERSONS
Permitting vehicle to be driven by unauthorized person prohibited
199(1) No person shall authorize or permit a motor vehicle owned by him or her or under his or her control to be driven on a highway by a person who is not authorized to drive it under this Act or The Drivers and Vehicles Act.
Hiring vehicle to unauthorized person prohibited
199(2) No person shall let a motor vehicle for hire to a person who is not authorized to drive it under this Act or The Drivers and Vehicles Act.
S.M. 2005, c. 37, Sch. B, s. 42.
200 Repealed.
Operating vehicle without owner's consent
201(1) No person shall operate a motor vehicle on a highway without the consent of the owner.
201(2) For the purpose of subsection (1), "owner" includes, in addition to its meaning under section 1, any person to whom the motor vehicle has been lent by the owner or who for the time being has otherwise the permission of the owner to use it for his own purposes.
202 No person who acquires or has possession of a used school bus which is no longer used for the purpose of a school bus shall drive it upon a highway, or cause, authorize or permit it to be driven upon a highway, unless
(a) all signs or words which identify the motor vehicle as a school bus have been removed from the vehicle;
(b) the signal lights authorized under subsections 37(8) or (13) have been removed from the vehicle; and
(c) the front and rear of the bus have been repainted with a colour other than chrome yellow.
203(1) No person shall
(a) drive a motor vehicle that is equipped or equip a motor vehicle, with a device for detecting radar speed determination equipment; or
(b) have possession of a device for detecting radar speed determination equipment, in a motor vehicle; or
(c) permit a motor vehicle of which he is the registered owner to become or to remain equipped with a device for detecting radar speed testing equipment.
Seizure of radar detecting device
203(2) Where a peace officer finds
(a) a vehicle that is equipped with a device for detecting radar speed determination equipment; or
(b) a person in possession of a device for detecting radar speed determination equipment, in a motor vehicle;
he may seize the device.
203(3) Where the device for detecting radar speed determination equipment has been seized by a peace officer, under subsection (2), the judge or justice hearing any matter under subsection (1) may order it confiscated or returned to the owner subject to such conditions as the judge or justice may deem reasonable and just.
AS TO EQUIPMENT
Driving without required equipment
204(1) No person shall drive a motor vehicle upon a highway or suffer, authorize, permit, or cause, a motor vehicle to be driven upon a highway, unless
(a) every lamp of over four mean spherical candle power carried by the motor vehicle complies at all times with the requirements of this Act;
(b) it is equipped with brakes such as are required by this Act and the regulations and the brakes are so constructed and so adjusted as to be capable of bringing the motor vehicle, when travelling under normal conditions at 30 kilometres per hour, to a full stop within the respective distances prescribed by this Act and the regulations;
(c) the owner thereof has complied in all respects with the requirements of this Act and of the regulations;
(d) it is equipped and constructed as required by this Act and the regulations;
(e) it is mechanically and otherwise fit to be driven on a highway;
(f) it is not otherwise in a condition that is likely to cause injury to persons or property;
(g) it is loaded in such a way that it is not likely to cause injury to persons or property.
Application of subsection (1) to other vehicles
204(2) Subsection (1) applies, mutatis mutandis, to vehicles other than motor vehicles upon a highway.
Non-application of clauses (1)(a), (c) and (d)
204(3) If the registrar has allowed the conditional or restricted registration of a motor vehicle under The Drivers and Vehicles Act, clauses (1)(a), (c) and (d) do not apply in respect of the motor vehicle to the extent that the registration allows it to deviate from the equipment requirements of this Act or the regulations.
S.M. 2005, c. 37, Sch. B, s. 43.
Standards of vehicles for manufacturers and distributors
205(1) No manufacturer or distributor of motor vehicles manufactured in the province for sale in the province shall sell, offer for sale, have in possession for sale, or deliver for sale, a new motor vehicle of a prescribed class unless the motor vehicle and its components comply with all safety standards prescribed in the Motor Vehicle Safety Act (Canada) and the regulations made thereunder.
Compliance by dealer with standards
205(2) No dealer shall sell, offer for sale, have in possession for sale, a new motor vehicle or trailer unless the motor vehicle or trailer and its components comply with all safety standards prescribed in the Motor Vehicle Safety Act (Canada) and the regulations made thereunder, and the motor vehicle or trailer bears the National Safety Mark referred to therein.
205(3) No distributor or dealer shall modify or alter a new motor vehicle, or exchange components of a new motor vehicle, of a class for which standards are prescribed, in such a manner that the motor vehicle would not comply with the standards prescribed for the motor vehicle and its components in the Motor Vehicle Safety Act (Canada) and the regulations made thereunder.
205(4) No person shall sell, offer for sale, have in possession for sale, or deliver for sale, in the province components of a motor vehicle in respect of which standards are prescribed and that do not comply with all safety standards applicable thereto.
205(5) A person who contravenes a provision of this section is guilty of an offence and
(a) if the person is a manufacturer and the contravention is under subsection (1) or (4), is liable on summary conviction to a fine of not more than $5,000.; and
(b) if the person is not a manufacturer, is liable on summary conviction to a fine of not more than $2,000.
Retreading and recapping tires
206(1) No person shall retread a tire or recap a tire for sale in Manitoba, or as a service provided in Manitoba, unless he imprints thereon on one side thereof the word "retread" or "recap" or "rechapé", as the case may be, in letters of not less than 6 millimetres high.
206(2) No person shall sell, offer for sale, have in possession for sale, or deliver for sale, in Manitoba, a tire that has been retreaded or recapped unless there is imprinted thereon on one side thereof the word "retread" or "recap" or "rechapé", as the case may be, in letters of not less than 6 millimetres high.
New tires to comply with safety standards
206(3) No person shall sell, offer for sale, have in possession for sale or deliver for sale, new pneumatic tires for use on motor vehicles unless they comply with all safety standards prescribed in the Motor Vehicle Tire Safety Act (Canada) and the regulations made thereunder.
206(4) Repealed, S.M. 2002, c. 40, s. 20.
207 No person shall operate or permit to be operated upon a highway a motorcycle the steering neck angle of the front frame of which has been altered from the original form and dimension of the steering neck angle of the front frame as originally supplied by the manufacturer to the 1st purchaser of the motorcycle.
Offence and penalty re inspection certificates
207.1 Any person who
(a) not being a qualified mechanic, issues a certificate authorized to be issued by a qualified mechanic;
(b) issues a certificate authorized to be issued by a qualified mechanic, knowing that it is false or misleading or that it misrepresents or fails to disclose a material fact; or
(c) submits to the registrar a certificate authorized to be issued by a qualified mechanic, knowing that it was issued by a person who is not a qualified mechanic or that it is false or misleading or that it misrepresents or fails to disclose a material fact;
is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.
S.M. 1994, c. 4, s. 10; S.M. 2001, c. 19, s. 23.
GENERAL PROVISIONS
208 No person shall,
(a) open the door of a motor vehicle upon a highway without first taking due precautions to ensure that his act will not interfere with the movement of, or endanger, any other person or vehicle; or
(b) leave a door of a motor vehicle upon a highway open on the side of the vehicle available to moving traffic for a period of time longer than is necessary to load or unload passengers.
Tampering with motor vehicle prohibited
209 No person shall
(a) tamper with a motor vehicle without the authority of the driver or climb upon or in any motor vehicle, whether it is in motion or at rest, or hurl stones or any other missiles at it, or the occupants thereof; or
(b) while the motor vehicle is at rest and unattended, sound the horn or other signalling device, or attempt to manipulate any of the levers, starting switch or crank, brakes, or machinery thereof, or set the vehicle or the engine thereof in motion, or otherwise damage or interfere with it.
Removal, etc., of traffic control devices forbidden
210(1) No person shall
(a) deface, obliterate, injure or interfere with; or
(b) without permission of the proper traffic authority, alter or remove or attempt to alter or remove;
a traffic control device or any part thereof.
Temporary traffic control devices
210(2) Where, by reason of work being done in connection with the construction, repair, or maintenance of a highway, a traffic control device consisting of a "stop" or "arrêt" sign, a "yield" or "cédez le passage" sign, or a traffic control signal is temporarily removed from any place with permission as provided in subsection (1), unless a flagman who is authorized by, or who is an employee of, the traffic authority, or a peace officer, is stationed at that place to warn or guide traffic, the traffic authority shall cause a temporary "stop" or "arrêt", or "yield" or "cédez le passage" sign or traffic control signal to be so placed on, or adjacent to, the highway that it will convey to drivers the same information, command, caution, or warning as that conveyed by the traffic control device so removed.
210(3) Repealed, S.M. 2002, c. 40, s. 20.
Removal, etc., of image capturing enforcement system forbidden
210.1 No