C.C.S.M. c. H60
|
|
|
| PART VII
|
|
| ENFORCEMENT PROVISIONS AND SUSPENSION OF REGISTRATION AND LICENCES
|
|
| DIVISION I
|
|
| ENFORCEMENT PROVISIONS
|
|
| ARREST WITHOUT WARRANT
|
| 241(1)
| Arrest without warrant
|
| (2)
| Assistance of peace officer
|
|
| INSPECTION AND SEARCH AND SEIZURE
|
| 241.1(1)
| Definition of "place"
|
| (2)
| Certificate to be produced
|
| (3)
| Entering a dwelling place
|
| (4)
| Inspection
|
| (5)
| No obstruction
|
| (6)
| Assistance to peace officer
|
| (7)
| Removal of records
|
| (8)
| Admissibility of copies
|
| (9)
| Authority to issue warrant
|
| (10)
| Search and seizure without warrant
|
| (11)
| Search and seizure with warrant
|
| (12)
| Use of force
|
| (13)
| Preserving status quo
|
|
| DETENTION OF VEHICLE
|
| 242(1)
| Detention of motor vehicle by peace officer
|
| (2)
| Order for extending period of detention
|
| (3)
| Period of extension to be reasonable
|
| (4)
| Notification of detention to owner
|
| (5)
| Personal property to be returned
|
| (6)
| Person arrested brought before a justice
|
| (7)
| Disposal of vehicle detained
|
| (8)
| Change of place of impoundment
|
| (9)
| Notice to garage keeper
|
| (10)
| No removal from detention
|
| (11)
| Cost of moving and storage
|
| (12)
| Meaning of "owner"
|
|
| SEIZURE AND IMPOUNDMENT OF VEHICLES FOR CERTAIN OFFENCES
|
|
| Definitions
|
| 242.1(1)
| Definitions
|
|
| Seizure of Vehicles
|
| (1.1)
| Seizure and impoundment of certain vehicles
|
|
| Delaying Impoundment
|
| (1.2)
| Motor vehicle released for safety, undue hardship
|
|
| Later Seizure of Vehicle
|
| (1.3)
| Application for order to seize and impound
|
|
| Stolen Vehicles
|
| (1.4)
| Release of stolen vehicle
|
|
| Procedure on Seizure
|
| (2)
| Duties of peace officer
|
|
| Lien for Costs of Storage
|
| (3)
| Costs relating to impoundment are lien on vehicle
|
|
| Release on Return of Licence or Permit
|
| (3.1)
| Vehicle to be released if driver's licence is returned
|
|
| Application for Early Release Based on Owner's Reasonable Belief or Knowledge
|
| (4)
| Application by certain owners for early release of vehicle
|
| (4.1)
| Justice to consider report and certificate
|
| (5)
| Issue to be determined when driver is not owner
|
| (6)
| Issue to be determined when driver is owner
|
|
| Release on Expiry of Impoundment Period
|
| (7)
| Release of vehicle after impoundment period
|
|
| Periods of Impoundment
|
| (7.1)
| First seizure
|
| (7.1.1)
| Second or subsequent seizure within five years
|
| (7.1.2)
| When previous seizure within five years relates to refusal or blood alcohol of more than 0.16
|
| (7.1.3)
| Effect of revocation of previous seizure
|
| (7.2)
| Notice to be given of period of impoundment
|
|
| Application for Review of Impoundment Period
|
| (7.3)
| Justice to consider designated person's report
|
|
| Removal or Release of Seized Vehicles
|
| (8)
| No removal of impounded vehicle except as authorized
|
| (8.1)
| Officer may direct movement of vehicle
|
|
| Lien and Disposal of Vehicles
|
| (9)
| Effect of lien
|
| (10)
| Notice by garage keeper
|
| (10.1)
| Disposal of impounded vehicle by garage keeper
|
| (10.2)
| Transfer of ownership to garage keeper
|
|
| General Provisions
|
| (11)
| Personal property in motor vehicle
|
| (12)
| Owner's right against driver
|
| (13)
| Minister may indemnify for wrongful seizure
|
| (14)
| Justice may order seizure of motor vehicle
|
| (15)
| Result of failure to obtain order
|
| (16)
| Tabling of annual report in Assembly
|
|
| SEIZURE OF VEHICLES IN PROSTITUTION RELATED OFFENCES
|
| 242.2(1)
| Designated person
|
| (2)
| Appointment or designation of garage keeper
|
| (3)
| Seizure of vehicle used in committing certain offences
|
|
| Release of Seized Vehicles and Personal Property in Seized Vehicles
|
| (4)
| Release of personal property in seized vehicle
|
| (5)
| No release or removal of vehicle except as authorized
|
| (6)
| Temporary release of seized vehicle by peace officer
|
| (7)
| Seizure of released vehicle at other location
|
| (8)
| Release of vehicle by peace officer of stolen vehicles or under alternative measures
|
| (9)
|
|
| (10)
| Application to court by certain owners of vehicles
|
| (11)
| Justice may consider any relevant evidence
|
| (12)
| Determination by justice
|
| (13)
| Owner may obtain vehicle by depositing security
|
| (14)
| Certificate of Minister of Finance confirming deposit
|
| (15)
| Designated person to authorize release of vehicle
|
| (16)
| Security not subject to other claims
|
| (17)
| Release of seized vehicle of low value
|
| (18)
| Effect of forfeiture on transfer or new security interest
|
| (19)
| Notice of release to be given to owner
|
| (20)
| Procedure when released vehicle is not removed
|
| (21)
| Secured party may pay costs and proceed on default
|
|
| Procedure on Seizure of Vehicles
|
| (22)
| Requirements for peace officer seizing vehicle
|
|
| Lien for Costs Relating to Seizure
|
| (23)
| Lien for costs relating to seizure of vehicle
|
| (24)
| Effect of garage keeper's lien
|
|
| Return or Forfeiture of Vehicles and Deposits
|
| (25
| Process when no person is convicted
|
| (26)
| Forfeiture of vehicle or deposit on conviction
|
| (27)
| Value of certain forfeited vehicles is debt due
|
| (28)
| Use of funds from deposit or sale of vehicle
|
|
| General Provisions
|
| (29)
| Owner's right against driver for amount of lien
|
| (30)
| Indemnification
|
| (31)
| Reasons for indemnification
|
| (32)
| Regulations
|
|
| FORFEITURE OF VEHICLES FOR CERTAIN OFFENCES
|
| 242.3(1)
| Definition of "motor vehicle"
|
| (2)
| Liability of vehicle to forfeiture for single offence
|
| (3)
| Liability of vehicle to forfeiture for third or subsequent offence
|
| (4)
| Offences must arise out of separate incidents
|
| (5)
| Notice of forfeiture to be given to alleged offender
|
| (6)
| Lack of notice does not affect liability to forfeiture
|
| (7)
| Notice to designated person
|
| (8)
| Registration of financing statement
|
| (9)
| Notice to owner
|
| (10)
| Effect of forfeiture on transfer or new security interest
|
| (11)
| Financing statement to be sent to secured party
|
| (12)
| Application to court by certain owners of vehicles
|
| (13)
| Justice may consider any relevant evidence
|
| (14)
| Determination by justice
|
| (15)
| Owner may deposit security to release vehicle from forfeiture
|
| (16)
| Certificate of Minister of Finance confirming deposit
|
| (17)
| Security not subject to other claims
|
| (18)
| Designated person to discharge financing statement
|
| (19)
| Release of forfeiture when no person is convicted
|
| (20)
| Discharge of financing statement etc. when vehicle no longer liable to forfeiture
|
| (21)
| Forfeiture of vehicle or deposit on final conviction
|
| (22)
| Forfeiture for third or subsequent offence
|
| (23)
| When conviction is final
|
| (24)
| Designated person must send the owner a notice to relinquish the vehicle
|
| (25)
| Owner must relinquish vehicle within 14 days
|
| (25.1)
| Application to court to set aside forfeiture
|
| (25.2)
| Justice may consider any relevant evidence
|
| (25.3)
| Determination by justice
|
| (25.4)
| When order is effective
|
| (25.5)
| Preliminary finding necessary
|
| (25.6)
| When order may be made after vehicle's seizure
|
| (25.7)
| Costs of seizure must be reimbursed
|
| (26)
| Prohibition on sale, etc., of vehicle
|
| (27)
| Prohibition on avoidance of forfeiture of vehicle
|
| (28)
| Offence and penalty
|
| (29)
| Defence of accused re failure to relinquish vehicle
|
| (30)
| Defence of accused re disposition of vehicle
|
| (31)
| Refusal to register vehicle
|
| (32)
| Method of sending notice
|
| (33)
| Value of certain forfeited vehicles is debt due
|
| (34)
| Certificate of debt
|
| (35)
| Filing of certificate
|
| (36)
| Insurance proceeds for vehicle damage
|
| (37)
| Insurance proceeds to be held until vehicle forfeited or is no longer liable to forfeiture
|
| (38)
| Payment for repairs only
|
| (39)
| Crown may seize vehicle if it is not relinquished
|
| (40)
| Personal information about alleged offender may be disclosed
|
| (41)
| Sending confirmation statement
|
| (42)
| Regulations
|
|
| SEIZURE AND IMPOUNDMENT OF VEHICLES INVOLVED IN RACING
|
| 242.4(1)
| Definition
|
| (2)
| Seizure and impoundment of certain vehicles
|
| (3)
| Factors peace officer may consider
|
| (4)
| Motor vehicle released for safety, undue hardship
|
| (5)
| Application for order to seize and impound
|
| (6)
| Release of stolen vehicle
|
| (7)
| Duties of peace officer
|
| (8)
| Costs relating to impoundment are lien on vehicle
|
| (9)
| Release of vehicle after impoundment period
|
| (10)
| No removal of impounded vehicle except as authorized
|
| (11)
| Officer may direct movement of vehicle
|
| (12)
| Effect of lien
|
| (13)
| Disposal of impounded vehicle by garage keeper
|
| (14)
| Transfer of ownership to garage keeper
|
| (15)
| Personal property in motor vehicle
|
| (16)
| Owner's right against driver
|
|
| UNLAWFULLY PARKED VEHICLES
|
| 243(1)
| Moving of vehicle unlawfully parked
|
| (2)
| Removal of parked vehicle, etc.
|
| (3)
| Costs of moving and storage
|
|
| PROCEDURE
|
| 244
| Trial by justice of the peace
|
| 245
| Limitation on prosecution for offence
|
| 246
| Oath not required on information
|
| 247(1)
| Admissibility of supplemental report
|
| (2)
| Certificate of registrar
|
| (2.1)
| Signature of registrar
|
| (3)
| Place of offence when report not made
|
| 248
|
|
| 249
| Benefit of fines
|
| 250(1)
| Description of offence under subsections 95(3) and 188(2)
|
| (2)
| Description of speeding offence
|
| (3)
| Description of offence under subsection 95(3)
|
| 251
|
|
| 252
| Successive offences
|
| 253
| Proceedings where previous convictions
|
| 254(1)
| Reduction of penalty
|
| (2)
| Reduction of penalty in certain cases
|
| (3)
| Reasons to be noted
|
|
| EVIDENCE FROM MACHINES
|
| 255(1)
| Evidence from speed-timing devices
|
| (2)
| Evidence of particulars of registration
|
| (3)
| Approval of speed-timing devices
|
| (4)
| Appointment of testers
|
| (5)
|
|
| (6)
| Definition of "speed-timing device"
|
| 256
| Photographic copies
|
| 257
| Certificate as to timing lines on highway
|
| 257.1(1)
| Use of image capturing enforcement systems
|
| (2)
| Limitations re speed limit enforcement
|
| (3)
| Municipalities' use of surplus fine revenue
|
| (4)
| Province's use of surplus fine revenue
|
| 257.2(1)
| Image capturing enforcement system evidence
|
| (2)
| Use of reproduction at trial
|
| 257.3(1)
| Appointment of tester
|
| (2)
| Tester's certificate as evidence
|
| 257.4
| Tester or peace officer may be required to attend court
|
| 258(1)
| Impoundment or surrender of licences
|
| (2)
| Exception
|
| (3)
| Suspension of licence or permit not surrendered
|
|
| REPORTS OF CONVICTIONS AND JUDGMENTS
|
| 259(1)
| Certificate of conviction or order sent to registrar
|
| (2)
| Certificate of orders sent to registrar
|
| (3)
| Fee for certificate
|
| (4)
| Certificate as evidence
|
| (5)
| Certificates respecting non-residents
|
| (6)
| Notice to other jurisdictions of suspensions, etc., in Manitoba
|
| 260
|
|
|
| CONVICTIONS CERTIFIED TO REGISTRAR
|
| 261(1)
| Certificate of conviction to registrar
|
| (1.1)
| Subsection (1) not to apply to certain offences
|
| (2)
|
|
| (3)
| Fee for certificate added
|
| (4)
| Certificate as evidence
|
| 262
| Payment of storage charges where conviction quashed
|
|
| DISQUALIFICATION TO HOLD LICENCE
|
| 263
|
|
| 263.1(1)
| Definition of "motor vehicle"
|
| (1.1)
| Grounds for suspension
|
| (1.2)
| Notice and order of suspension
|
| (2)
| Effect of suspension under section 265
|
| (3)
| Documents to registrar
|
| (4)
| Use of required forms
|
| (5)
| Driver's licence not surrendered
|
| (6)
| Effective date and period of suspension
|
| (7)
| Suspension of out-of-province driver
|
| 263.2(1)
| Review of suspension and disqualification
|
| (2)
| Application forms
|
| (3)
| Written evidence
|
| (4)
| Application not to stay suspension
|
| (5)
| Hearing not required
|
| (6)
| Considerations of registrar
|
| (7)
| Sole issue before registrar
|
| (8)
| Time of hearing
|
| (9)
| Where evidence supports order
|
| (10)
| Where evidence does not support order
|
| (11)
| Failure of appellant to appear
|
| (12)
| Copy of decision
|
| 264(1)
| Definitions relating to automatic suspensions
|
| (1.1)
| Automatic suspension for certain offences
|
| (1.2)
| Increased suspension for refusal
|
| (1.3)
| Commencement of period of suspension etc.
|
| (1.4)
| Deemed conviction re certain offences
|
| (2) and (3)
|
|
| (4)
|
|
| (5)
|
|
| (6)
|
|
| (6.1)
| Suspension for prostitution-related offences
|
| (7)
| Impoundment of driver's licence
|
| (8)
| Stay of suspension
|
| (9)
| Notice of stay to registrar
|
| (9.1)
| Request to return licence during stay
|
| (10)
| Where appeal not allowed
|
| (11)
| Temporary licence and stay of suspension etc.
|
| (12)
| Further temporary licence
|
| (13)
| Limitation on stay of suspension etc.
|
| (14)
| Beginning of suspension etc. after stay
|
| (15)
|
|
| (16)
|
|
| (17)
| Interpretation
|
| 265(1)
| Screening device test: request to surrender licence
|
| (2)
| Breathalyzer test: request to surrender licence
|
| (3)
| Refusal to provide breath sample: request to surrender licence
|
| (3.1)
| Field sobriety test: request to surrender licence
|
| (3.2)
| Refusal to do test: request to surrender licence
|
| (3.3)
| Gross impairment: request to surrender licence
|
| (4)
| Duty to surrender licence
|
| (5)
| Exception for out-of-province licensee
|
| (6)
| Suspension or disqualification for 24 hours
|
| (7)
| Disqualification for 24 hours
|
| (8)
| Second analysis
|
| (9)
| Calibration of screening device
|
| (10)
| Presumption respecting calibration
|
| (11)
| Duties of peace officer
|
| (12)
| Return of licence
|
| (13)
| Fee
|
| (14)
| Removal of vehicle
|
| (15)
| Costs of removal and storage
|
| 265.1(1)
| Request for surrender of licence
|
| (2)
| Surrender of licence
|
| (3)
| Automatic suspension of licence
|
| (4)
| Duties of peace officer
|
| (5)
| Return of licence etc.
|
| 266
|
|
| 267
| Suspension for liquor offences
|
| 268(1)
| Temporary permit on suspension of licence
|
| (2)
| Effect of temporary permit
|
|
| DIVISION II
|
|
| SUSPENSION OF REGISTRATION AND LICENCE SUSPENSION FOR CERTAIN CONVICTIONS
|
| 269(1)
| Cancellation of licences etc. when cheque dishonoured
|
| (2)
| Indebtedness to registrar or M.P.I.C.
|
| (3)
| Payment of indebtedness
|
|
| SUSPENSION FOR FAILURE TO SATISFY A JUDGMENT
|
| 270(1)
| Suspension for judgments in Canada or U.S.A.
|
| (2)
| Where suspension not required
|
| (3)
| Subsequent suspension
|
| (4)
| When suspension made
|
| (5)
| Period of suspension
|
| (6)
| Payment of judgment in instalments
|
| (7)
| Restoration of licence
|
| (8)
| Suspension for restitution orders in Canada or U.S.A.
|
|
| SUSPENSION IN CASE OF ACCIDENT
|
| 271(1)
| Suspension for serious accidents
|
| (2)
| Revocation of suspension
|
| (3)
| Suspension for serious accident
|
| (4)
| Period of suspension
|
| (5)
| Termination of suspension, etc., after six months
|
| (6)
| No suspension re parked vehicle
|
| 272
|
|
|
| SUSPENSION BY REGISTRAR
|
| 273(1)
| Registrar's power to cancel or suspend
|
| (2)
| Form of notice
|
| (3)
| Service of notice
|
| 273.1(1)
| Definition of "designated officer"
|
| (2)
| Action re person in default in maintenance payments
|
| 273.2
| Registrar to refuse service to person in default
|
| 273.2.1(1)
| Registrar's powers re unpaid restitution and Code fines
|
| (2)
| Content of notice
|
| (3)
| Service of notice
|
| (4)
| Exercise of registrar's powers
|
| (5)
| Issuance or renewal of licences in certain cases
|
| 273.3(1)
| Definitions
|
| (2)
| Notice of possible action under subsection (5)
|
| (3)
| Service of notice
|
| (4)
| Notice to registrar of non-compliance
|
| (5)
| Registrar's action
|
| (6)
| Later notice to registrar
|
| 273.4
| Suspension under Domestic Violence Act
|
| 273.5
| Action where person does not have notice
|
| 274
|
|
| 275
|
|
| 276(1)
| Notification of suspension or cancellation
|
| (2)
| Manner and effect of giving notice of suspension
|
|
| SURRENDER OF REGISTRATION AND LICENCES
|
| 277(1)
| Return of registration card, etc., on suspension
|
| (2)
| Recovery of licence, etc., by peace officer
|
|
| LICENCE SUSPENSION APPEAL BOARD
|
| 278(1)
| Establishment of appeal board
|
| (2)
| Membership of board
|
| (3)
| Chairman
|
| (4)
| Vice-chairman, etc.
|
| (5)
| Quorum
|
| (6)
| Rules of procedure
|
| (7)
| Remuneration of members
|
| (8)
| Powers and duties
|
| (8.1)
| Part V of Evidence Act powers
|
| (9)
| Inquiries by single members
|
| (10)
| Hearing of applications, etc., by one or more members
|
| 279(1)
| Appeal to appeal board
|
| (2)
| Application to appeals under other Acts
|
| (3)
| No appeal in certain cases
|
| (4)
| Restriction re administrative suspensions
|
| (5)
| How to make an appeal
|
| (6)
| Copy of appeal application to registrar
|
| (7)
| Information to be forwarded
|
| (8)
| Stay of decision
|
| (9)
| Adoption of registrar's findings
|
| (10)
| Evidence
|
| (11)
| Consideration of relevant information
|
| (12)
| Right to examine materials
|
| (13)
| Appeal hearing
|
| (14)
| Hearing
|
| (15)
| Hearing conducted orally or in writing
|
| (16)
| Appeals by mail
|
| (17)
| Notice of hearing
|
| (18)
| Kinds of orders that may be made
|
| (19)
| Issuance of permit or driver's licence
|
| (20)
| Conditions and restrictions
|
| (21)
| Mandatory conditions re alcohol-related suspension
|
| (22)
| Ignition-interlock exemption for work purposes
|
| (23)
| Temporary licence from appeal board
|
| (24)
| Removal of conditions or restrictions
|
| (25)
| Removal of ignition-interlock conditions
|
| (26)
| Time within which appeals may be heard
|
| (27)
| Limitation on orders
|
| (28)
| Waivers and refunds of application charges
|
| (29)
| Further application for revocation
|
| (30)
| Failure of appellant to appear at hearing
|
| (31)
| Variation of order by appeal board
|
| (32)
| Variation of ignition-interlock conditions
|
| (33)
| Decision to be given to appellant and registrar
|
|
| IGNITION-INTERLOCK PROGRAM FOR DRIVERS HOLDING RESTRICTED LICENCES
|
| 279.1(1)
| Definitions
|
| (1.1)
| Deemed conviction re certain offences
|
| (1.2)
| Restricted licence after certain suspensions
|
| (2)
| Driver must comply with program requirements
|
| (3)
| Tampering, etc., with device prohibited
|
| (4)
| Offence and penalty
|
| (5)
| Driver deemed to drive while disqualified
|
| (6)
| Inspections
|
| (7)
| Regulations
|
| 279.2(1)
| Prohibition on permitting non-interlock vehicle to be driven
|
| (2)
| Offence and penalty
|
| (3)
| No offence by employer in certain circumstances
|
| 279.3(1)
| Application to join ignition-interlock program
|
| (2)
| How to make an application
|
| (3)
| Application is to be dealt with like an appeal
|
| (4)
| Appeal board may order registrar to issue restricted licence
|
| (5)
| Effect of order
|
| (6)
| Application of sections 279.1 and 279.2
|
|
| PART VIII
|
|
| PUBLIC SERVICE AND COMMERCIAL VEHICLES
|
| 280
| Definitions
|
| 281(1)
| Supervision of transport board over motor carriers
|
| (1.1)
| Section 48 of Public Utilities Board Act not to apply to transport board
|
| (1.2)
| Exception: p.s.v.'s transporting property only
|
| (1.3)
| Exception for bus freight
|
| (2)
|
|
| (3)
| Permits for temporary operation of p.s.v.'s and c.t.'s
|
| 282(1)
| Tariff of fees not otherwise prescribed
|
| (2) to (8)
|
|
| (9)
| Deposit of cost of inquiry
|
| (10)
|
|
| (11)
| Audit of accounts
|
| 283
| Appeal
|
| 284(1)
| No p.s.v. to be operated without certificate
|
| (2)
|
|
| 285
|
|
| 286
| Registration of exempt p.s.v.'s and c.t.'s
|
| 287
| Suspension of licence or certificate
|
| 288(1)
| Exemption from holding certificate on conditions
|
| (2)
| Revocation, etc., of exemption
|
| (3) to (5)
|
|
| 289(1)
| Designating commodities
|
| (2)
| Certificates for designated commodities
|
| 290(1)
| Applications for certificates
|
| (2)
| Issue of certificates
|
| (2.1)
| Application of subsection (2) to property and bus freight
|
| (2.2)
| Safety fitness requirements for commercial trucks
|
| (3)
| Conditions attached to certificates
|
| (3.1)
| Delegation of authority to grant temporary certificates
|
| (3.2)
| Duration of validity of temporary certificate
|
| (3.3)
| Effect and application of subsection (3) on and after January 1, 1996
|
| (3.4)
| Effect and application of subsection (3): transportation of property and bus freight
|
| (4)
| Details of certificate as to passengers and weight
|
| (5)
| Period for which certificate valid
|
| (6)
| Termination of validity for non-user
|
| (7)
| Certificate not to create monopoly rights
|
| (8)
| Offence and penalty
|
| 290.1
| Application of s. 291 and 292: Jan. 1, 1996 to Dec. 31, 1997
|
| 290.2
| Application of s. 291 and 292 to transportation of property and bus freight
|
| 291(1)
| Maximum tolls established by transport board
|
| (2)
| Application to vary maximum tolls
|
| 292
| Fixed tolls established by transport board
|
| 292.1(1)
| Illegal tolls prohibited
|
| (2)
| Board may require tolls to be filed, etc.
|
| 292.2(1)
| Tolls detrimental to the public interest
|
| (2)
| Order by transport board following hearing
|
| 293(1)
| Capitalization or sale of rights prohibited
|
| (2)
| Transfer of certificate on sale of business
|
| (3)
| Through services after consolidation
|
| 294(1)
| Application for renewal of certificate
|
| (2)
| Refusal of renewal
|
| (3)
| Exception to subsection (2): transportation of property and bus freight
|
| 295(1)
| Insurance required for motor carrier
|
| (2)
| Insurance for residents
|
| (3)
| Liability of insurer or obligor
|
| (4)
| Where insurance or bond in another jurisdiction acceptable
|
| (5)
| Where evidence not provided
|
| 296
| Notice of cancellation, change or refusal to renew
|
| 297(1)
|
|
| (2)
| Inspection by inspector or peace officer
|
| (3)
| Authority to order out of use unsafe vehicles
|
| (4)
| Inspection on highway
|
| 298
| Certificate, licence or permit to be carried by driver
|
| 298.1
| Documents to be carried by driver
|
| 299(1)
| Abandonment of service prohibited
|
| (2)
| Termination of certificate on abandonment of a service
|
| 300(1)
| Suspension or revocation of certificate, and fine
|
| (1.1)
|
|
| (2)
| Failure to comply with conditions
|
| (3)
| Suspension of right to use highway
|
| (3.1)
| Cancellation or suspension of registration, and fine
|
| (3.2)
|
|
| (3.3)
| Notice of show cause hearing
|
| (4)
| Revocation of certificate for failure to provide service
|
| (4.1)
| Exception to subsection (4): transportation of property or bus freight
|
| (5) and (6)
|
|
| 300.1
| Prohibition of cancellation or transfer
|
| 301(1)
|
|
| (2)
| Annual statement of motor carriers
|
| (3)
| Failure to comply with subsection (2)
|
| 302(1)
| Designation of p.s.v. routes in municipalities
|
| (2)
| Effect of subsection (1)
|
| (3)
| No municipal fees
|
| (4)
| Indication of truck routes
|
| 303(1)
| Markings, etc., required by board to be displayed
|
| (2)
| Board remains owner of markings, etc.
|
| 304
| Condition of p.s.v.'s
|
| 305
| Fire extinguishers on passenger p.s.v.'s
|
| 306
| Requirements for p.s.v. drivers
|
| 307
| Obligation of passenger p.s.v.'s to carry passengers
|
| 308(1)
| Carriage of passengers in trucks
|
| (2)
|
|
| 309(1)
| Passengers allowed on seats only
|
| (2)
| Restriction as to front seat passengers
|
| (3)
| Sitting on left of driver in left-hand drive prohibited
|
| (4)
| Limit on number of persons in front seat of p.s.v.'s
|
| (5)
| Emergency exit
|
| 310(1)
| Attachment of trailers to passenger p.s.v.'s prohibited
|
| (2)
| Towing of passenger p.s.v.'s
|
| 311
| Restriction re carriage of baggage
|
| 312(1)
| Permit for solicitation of passenger traffic
|
| (2)
| Sale of tickets, etc., by holders of certificates only
|
| 313(1)
| Bill of lading, etc.
|
| (2)
| Contents of bill of lading relating to livestock
|
| 314(1)
|
|
| (2)
| Signs on p.s.v.'s and c.t.'s
|
| (3)
| Size and colour of lettering
|
| (4)
| Semi-trailer trucks
|
| 315(1)
| Action for unpaid charges
|
| (2)
| Seizure of goods for unpaid charges
|
| (3)
| Sale of goods seized
|
| (4)
| Disposal of surplus from sale
|
| 316
| Offence and penalty
|
| 317
| Violation of Act or certificate by holder or employee an offence
|
| 317.1(1)
| Offences by shippers of property
|
| (2)
| Penalty for shippers
|
| (3)
| Shipper responsibility for employees' actions
|
| 318(1)
| Licence from transport board for commercial truck
|
| (2)
| Form of licence and application
|
| (3)
| Fees and insurance premium
|
| (4)
| Licence to specify gross weight
|
| (5)
| Driver to carry licence
|
| (6)
| No operation without licence
|
| (7)
| Exemption
|
| (8) to (11)
|
|
| (12)
| Suspension and cancellation of licence
|
| (13)
| Detention of motor vehicle
|
| (14)
| Permit to drive dealer's commercial truck or p.s.v.
|
| (15)
|
|
|
| SAFETY OF PUBLIC SERVICE VEHICLES, COMMERCIAL VEHICLES AND REGULATED SCHOOL BUSES
|
| 318.1(1)
| Disclosure by driver
|
| (1.1)
| Definition of "motor carrier"
|
| (2)
| Transition
|
| (3)
| Continuing driver disclosure
|
| 318.2
| Safety inspections and reports by driver
|
| 318.3(1)
| Prohibition
|
| (2)
| Driver records
|
| 318.4
| Safe operation
|
| 318.5
| Promotion of compliance
|
| 318.6
| Review of driving record by motor carrier
|
| 318.7(1)
| Maintenance by motor carrier
|
| (2)
| Manufacturer's notices
|
| (3)
| Maintenance records to be kept
|
| 318.8(1)
| Motor carrier's records
|
| (2)
| Alternative place for records
|
| 318.9
| Carrier to ensure driver compliance
|
| 318.10(1)
| Definitions
|
| (2)
| Powers of investigation
|
| (3)
| Entry into dwelling
|
| (4)
| Search warrant
|
| (5)
| Compellability of witness
|
| (6)
| Production
|
| 318.11
|
|
|
| PART IX
|
|
| REGULATIONS
|
| 319(1)
| Regulations
|
| (1.1)
| Regulations by minister
|
| (1.2)
| Regulations re low-speed vehicles
|
| (2)
| Adopting codes, standards and other regulations
|
| (3)
| Changes
|
| (4)
| Application of regulations
|
| (1) to (4)
|
|
| (5)
| Approval of equipment by minister
|
|
| PART X
|
|
| APPOINTMENTS AND MISCELLANEOUS
|
| 321(1)
| Order extending powers of local government district
|
| (2)
| Exercise of powers conferred
|
|
| RECORDS
|
| 322(1)
| Records of accidents and convictions
|
| (2)
| Search of records
|
| (3)
| Limitation on furnishing information
|
| (3.1)
| Interpretation of subsection (3)
|
| (3.2)
| Limitation on access to information about self
|
| (4)
| Registrar may disclose medical information on appeal
|
| (5)
| Application to Rate Appeal Board
|
| (6)
| Maintenance of records of photographs
|
| (7)
| Limited access to photographs
|
| (8)
| Disclosure of information for offence notices
|
| (9) and (10)
|
|
| 322.1(1)
| Carrier's safety compliance record
|
| (2)
| Safety fitness rating
|
| (3)
| Motor carrier improvement
|
| (4)
| Regulated school bus carriers
|
| (5)
| Appeal by motor carrier
|
| (6)
| Decision of transport board
|
| (7)
| Third party auditor qualifications and procedures
|
| (8)
| Minister may adopt by reference
|
| (9)
| Minister may cancel designation
|
| (10)
| Prohibition on misrepresentation of safety fitness rating
|
| (11)
| Prohibition on operation of vehicles when safety fitness rating unsatisfactory
|
| (12)
| Prohibition on carrier having responsible person with past involvement with unsatisfactory carrier
|
| 322.2(1)
| Commercial driver records
|
| (2)
| Application of subsections 322(2) to (3.2)
|
|
| APPOINTMENT OF OFFICERS
|
| 323(1)
| Appointment of staff
|
| (1.1)
| Inspectors
|
| (2)
| Duties of secretary of traffic board
|
| (3)
| Duties of minister
|
| (4)
|
|
| (4.1)
|
|
| (5)
|
|
| (6)
| Supervision of officials
|
| (7)
| Personal liability of officials limited
|
| 323.1(1)
| Delegation of authority to register
|
| (2)
| Payment for lost plates, etc.
|
| 324(1)
| Certificate of registrar as proof
|
| (2)
| Signature of registrar
|
| 324.1
| Reproduced signature of former registrar
|
| 325
| Authority to act for minister
|
| 325.1
| Designation of designated person
|
|
| TRANSPORT BOARD
|
| 326(1)
| Establishment of transport board
|
| (2)
| Composition of transport board
|
| (3)
| Chairman
|
| (4)
| Vice-chairman, etc.
|
| (5)
| Members to devote time as directed
|
| (6)
| Quorum
|
| (7)
| Completion of meeting where member dies, etc.
|
| (8)
| Divisions of board
|
| (9)
| Powers of divisions
|
| (10)
| Majority decisions
|
| (11)
| Holding of joint meetings
|
| (12)
| Additional powers of transport board
|
| (13)
| Exemption from personal liability
|
| (14)
| Inquiries by single members
|
| (15)
| Hearing of applications, etc., by single members
|
| (16)
| Coming into force of orders
|
| (17)
| Rules of procedure
|
| (18)
| Payment of expenses
|
| (19)
| Salaries and remuneration
|
| (20)
| Experts
|
| (21)
| Assistance from government departments
|
| (22)
| Payment of experts, etc.
|
| 327
| Inspection at regular intervals
|
| 328
|
|
|
| DECLARATIONS AND AFFIDAVITS
|
| 329
| Taking of declarations or affidavits
|
| 330
| Method of giving notice
|
|
| CHARGES FOR SERVICES
|
| 331(1)
| Persons must pay charge to obtain services
|
| (2)
| Services covered by subsection (1)
|
| (3)
| Regulations respecting charges
|
| (4)
| Charges may exceed cost of services
|
| (5)
| Minister may waive charges
|
| (6)
| Minister may delegate authority to waive
|
|
| INTERNATIONAL DRIVING PERMIT
|
| 332(1)
| International driving permit
|
| (2)
| Terms of authority to issue
|
| 333
|
|
| 334(1)
| Merit marks
|
| (1.1)
| Non-application of subsection (1)
|
| (2)
| Merit marks after demerit points
|
| (3)
| No merit marks where licence suspended, etc.
|
| (4)
| Non-application of subsection (3)
|
| (5)
| Certificate of merit
|
| (6)
| Removal of merit marks
|
| (7)
| Removal of demerit points
|
| (8)
| Definition of "demerit point"
|
| (9)
| Merit mark eligibility of out-of-province drivers
|
| 334.1(1)
| Definition of "Canadian Forces member"
|
| (2)
| Application of section 334.1
|
| (3)
| Merit consideration for Canadian Forces members
|
| 334.2(1)
| Merit and demerit status: Canadian Forces
|
| (2)
| Forces member must provide information
|
| (3)
| Forces member may provide additional information
|
| (4)
| Information must be acceptable to the registrar
|
| (5)
| Registrar may determine merits and demerits
|
| 335
| Reference in Continuing Consolidation
|
| 336
| Repeal
|
| 337
| Commencement of Act
|
Home
