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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 |
(Assented to June 26, 1985)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1(1) In this Act,
"ambulance service" means an emergency medical response system licensed under The Emergency Medical Response Act; (« service d'ambulance »)
"appeal board" means The Licence Suspension Appeal Board for the establishment of which provision is made in section 278; (« commission d'appel »)
"authorized emergency vehicle" means a vehicle used for fire-fighting or rescue purposes by an organization, other than the government or a municipality, local government district or other local authority, that
(a) operates the vehicle primarily for its own use, and
(b) is authorized in writing by the registrar for the purpose of this clause; (« véhicule d'urgence autorisé »)
"axle group" means axle group as defined in the regulations; (« groupe d'essieux »)
"back lane" means a highway situated wholly within the limits of any city, town or village or restricted speed area or reduced restricted speed area which has been designed, constructed and intended to provide access to and service at the rear of places of residence or business and includes alleys having a width of not more than 9 metres; (« ruelle »)
"bicycle" means a device having any number of wheels upon which a person sits astride and which is propelled solely by human muscular power through the use of pedals; (« bicyclette »)
"bicycle facility" means a bicycle path or any other area, other than a highway, which is designated for the passage of bicycles and upon which motor vehicles, other than those required for maintenance of the path or area, are prohibited; (« piste cyclable »)
"cab card" means a registration issued under the Canadian Agreement on Vehicle Registration or under an agreement made under subsection 4.3(3); (« fiche »)
"centre line" means the centre of a roadway measured from the kerbs or, in the absence of kerbs, from the edges of the roadway; (« ligne médiane »)
"certificate of insurance" means certificate of insurance as defined in The Drivers and Vehicles Act; (« certificat d'assurance »)
"class", in relation to
(a) a driver's licence, means class of driver's licence as defined in The Drivers and Vehicles Act, and
(b) a motor vehicle or other vehicle, means class of motor vehicle or other vehicle as defined in The Drivers and Vehicles Act; (« classe »)
"commercial truck" means, subject to subsection 2(2), any truck not a public service vehicle, except
(a) a truck operated by or on behalf of the government,
(a.1) a truck operated, other than for gain or compensation, by or on behalf of a municipality, school board or other public body, or a band as defined in the Indian Act (Canada),
(b) a truck operated
(i) in, or within 30 kilometres of, any city, town or village, other than The City of Winnipeg, in which the registered owner thereof has his place of business, or
(ii) where the owner thereof has his place of business in The City of Winnipeg, in, or within 20 kilometres of, The City of Winnipeg,
(c) repealed, S.M. 2001, c. 19, s. 2,
(d) a truck used for transporting gravel, sand, or other material for use in the construction or maintenance of a public highway, and
(e) a truck which the board, after examination of the circumstances, certifies in any year is not to be regulated, either as a public service vehicle or a commercial truck, in that year; (« véhicule commercial »)
"common-law partner" of an individual means
(a) a person who, with the individual, registered a common-law relationship under section 13.1 of The Vital Statistics Act, and who is cohabiting with the individual, or
(b) a person who, not being married to the individual, is cohabiting with him or her in a conjugal relationship and has so cohabited
(i) for a period of at least three years, or
(ii) for a period of at least one year and they are together the parents of a child,
and, if the individual is dead, "common-law partner" means a person who, not having been married to the individual, cohabited with him or her at the time of death and so cohabited with him or her as set out in clause (a) or (b); (« conjoint de fait »)
"crosswalk" means
(a) that part of a highway at an intersection distinctly indicated for pedestrian crossing by a traffic control device or by lines or other markings on the surface thereof, or
(b) that part of a highway elsewhere than at an intersection distinctly indicated for pedestrian crossing by a traffic control device and by lines or other markings on the surface thereof, or
(c) that part of a highway that is included within the straight production across the roadway, directly and not diagonally
(i) of the lateral lines of the sidewalk on either side of any roadway intersecting or meeting the highway, or
(ii) of the lateral lines of any sidewalk that intersects or meets the highway on either side thereof,
measured, in each case, from the kerb, or in the absence of kerbs, from the edge of the roadway on which the crosswalk is situated, and includes a pedestrian corridor; (« passage pour piétons »)
"dealer" means dealer as defined in The Drivers and Vehicles Act; (« commerçant »)
"department" means the department that is presided over by the member of the Executive Council designated as minister hereunder by the Lieutenant Governor in Council; (« ministère »)
"directional dividing line" means a line marked or placed on a roadway as provided in section 108, not necessarily at the centre thereof, to indicate to the drivers of vehicles the portions of the roadway that may be used for traffic proceeding in each direction and, in the case of a roadway on which no such line is marked or placed, means the centre line; (« ligne séparatrice des sens de circulation »)
"disease or disability" means disease or disability as defined in The Drivers and Vehicles Act; (« maladie ou incapacité »)
"divided highway" means a highway to which subsection 2(3) applies; (« route à chaussées séparées »)
"drive" means drive or have actual physical control of a vehicle, bicycle or motorized mobility aid; (« conduire »)
"drive-away unit" means a combination of a lead motor vehicle and one or more other vehicles that are
(a) entirely carried,
(b) towed in such a manner that all of the vehicles' wheels are on the highway, or
(c) partly towed and partly carried;
and includes the lead motor vehicle even when it is not in combination with other vehicles; (« ensemble de véhicules »)
"driver's licence" means
(a) a driver's licence under The Drivers and Vehicles Act that authorizes the licence holder to drive one or more classes of motor vehicle, as prescribed in the regulations under that Act,
(b) a temporary driver's licence under subsection 264(11) or (12) or subsection 279(3) or a temporary permit under subsection 263.1(1.2) or 268(1), and
(c) any other driver's licence or permit to drive issued under this Act before the day that The Drivers and Vehicles Act comes into force; (« permis de conduire »)
"duly qualified medical practitioner" means duly qualified medical practitioner as defined in The Drivers and Vehicles Act; (« médecin »)
"emergency vehicle" means
(a) a vehicle used by a police force,
(b) a vehicle used by a fire department,
(c) a vehicle used by an ambulance service,
(d) an authorized emergency vehicle,
(e) a vehicle used to respond to emergencies and operated under the authority of a government emergency organization,
(f) a vehicle used for the purpose of maintaining a public utility and designated as an emergency vehicle by a traffic authority, or
(g) a vehicle not ordinarily used for emergency purposes that is operated by a volunteer, part-time or on-call fire-fighter or emergency medical responder for the purpose of responding to a fire, medical or other emergency; (« véhicule d'urgence »)
"equipment" does not include an implement of husbandry; (« équipement »)
"family" includes a common-law partner; (« famille »)
"farmer" means a person, corporation or group of persons who own, rent or lease land for the purpose of
(a) growing crops or fodder for their use or sale,
(b) raising livestock or poultry for sale,
(c) operating a poultry establishment for the production of eggs for sale,
(d) operating a mink or fox establishment maintained for their pelts for sale or for sale as breeding stock,
(e) operating a dairy establishment maintained for the production of milk or cream for sale,
(f) operating a feed lot upon which cattle are kept or fed for marketing, or
(g) operating an apiary of hives of bees maintained for the production of honey for sale,
and in the opinion of the registrar the person, corporation or group of persons is engaged in one or more of those operations to a significant degree; (« agriculteur »)
"farm tractor" means a tractor designed and used primarily as a farm implement, and that is operated
(a) for the towing of other implements of husbandry in agricultural operations or for other farm use, or
(b) on a highway, for the towing of other vehicles being used in the transporting and marketing of the produce, including livestock, of the farm of the owner of the tractor, or in the conveyance of property for use on that farm,
or that is driven on a highway solely for the purpose of moving it from one place to another in the course of farming operations or having it repaired, and includes such a vehicle when equipped with or constructed with
(c) equipment or an attachment commonly called a front end loader, or
(d) equipment or an attachment commonly called a power take off; (« tracteur agricole »)
"farm trailer" means a trailer owned by an actual farmer and operated in the marketing of the produce, including livestock, of his own farm, or in the conveyance of property for use thereon; (« remorque agricole »)
"farm truck" means a truck owned by a farmer; (« camion agricole »)
"field sobriety test" means a test or group of tests approved by a regulation made under subsection 76.2(3); (« test de sobriété sur place »)
"garage" means garage as defined in The Drivers and Vehicles Act; (« garage »)
"government emergency organization" means the Fire Commissioners Office, the Emergency Measures Organization or the Emergency Health Unit of the Department of Health; (« organisme d'urgence gouvernemental »)
"gross weight" means the combined weight of vehicle and load; (« poids en charge »)
"highway" means any place or way, including any structure forming part thereof, which or any part of which the public is ordinarily entitled or permitted to use for the passage of vehicles, with or without fee or charge therefor, and includes all the space between the boundary lines thereof; but does not include any area designed or intended, and primarily used, for the parking of vehicles and the necessary passageways thereon; (« route »)
"image capturing enforcement system" means an image capturing enforcement system approved by the regulations; (« système de saisie d'images »)
"implement of husbandry" means a vehicle that is designed for agricultural purposes and is exclusively used in the conduct of agricultural operations, but does not include a farm tractor; (« matériel agricole »)
"industrial road" means any road or highway or any portion thereof declared under The Highways and Transportation Act to be an industrial road by the Lieutenant Governor in Council; (« route industrielle »)
"intersection" means the area embraced within the prolongation or connection of
(a) the lateral curb lines, or
(b) if there are no lateral curb lines, the exterior edges of the roadways,
of two or more highways which join one another at an angle, whether or not one highway crosses the other; (« intersection »)
"laned roadway" means a roadway that is divided into two or more marked lanes for vehicular traffic; (« chaussée à plusieurs voies »)
"licence" means driver's licence; (« permis »)
"livestock" means
(a) horses, cattle, sheep, swine, goats, live poultry, bees and fur breeding stock, and
(b) fish raised for market purposes or as breeding stock and fingerlings; (« animaux »)
"medical review committee" means the medical review committee established under subsection 157(4); (« comité d'étude des dossiers médicaux »)
"minister" means the member of the Executive Council who is designated by the Lieutenant Governor in Council as minister hereunder; (« ministre »)
"mobility vehicle" means a device or vehicle which is specifically manufactured or modified for operation by a physically handicapped person and which has a maximum speed capability of more than 15 kilometres per hour but not more than 50 kilometres per hour; (« véhicule de déplacement »)
"moped" means a motor vehicle which
(a) has 2 tandem wheels or 3 wheels, each of which is more than 250 millimetres in diameter,
(b) has a seat or saddle having a minimum unladen height of 650 millimetres, when measured from the ground level to the top of the forwardmost part of the seat or saddle,
(c) is capable of being driven at all times by pedals only if so equipped, by motor only, or by both pedals and motor, and
the motor has a piston displacement of not more than 50 cubic centimetres, or is an electric motor neither of which is capable of enabling the moped to attain a speed greater than 50 kilometres per hour; (« cyclomoteur »)
"motorcycle" means a vehicle that
(a) has a steering handlebar completely constrained from rotating in relation to the axle of one wheel in contact with the ground,
(b) is designed to travel on not more than three wheels in contact with the ground,
(c) has a minimum unladen seat height of 650 mm,
(d) has a minimum wheel rim diameter of 250 mm,
(e) has a minimum wheelbase of 1,016 mm, and
(f) has a maximum speed capability of more than 50 km/h,
but does not include a moped, power-assisted bicycle or tractor; (« motocyclette »)
"motor home" means a motor vehicle that
(a) is designed and constructed as an integral unit to provide permanent living accommodation,
(b) is equipped with one or more beds and
(i) a stove or refrigerator, or
(ii) washing and toilet facilities, and
(c) is designed so that there is direct access from the living quarters to the driver's seat; (« caravane automotrice »)
"motorized mobility aid" means a device which is specifically manufactured or modified for operation by a physically handicapped person and which has
(a) a maximum speed capability of not more than 15 kilometres per hour,
(b) a maximum width of not more than 81.2 centimetres, and
(c) a maximum mass of not more than 226 kilograms,
and includes a motorized wheel chair; (« engin motorisé »)
"motor vehicle" means a vehicle not run upon rails that is designed to be self-propelled or propelled by electric power obtained from overhead trolley wires, and includes a snow vehicle that is capable of being registered under The Drivers and Vehicles Act, but does not include a farm tractor, an implement of husbandry, a special mobile machine, an off-road vehicle or a power-assisted bicycle; (« véhicule automobile »)
"motor vehicle liability insurance card" means motor vehicle liability insurance card as defined in The Drivers and Vehicles Act; (« carte d'assurance-responsabilité automobile »)
"novice driver" means novice driver as defined in The Drivers and Vehicles Act; (« conducteur débutant »)
"number plate" means number plate as defined in The Drivers and Vehicles Act; (« plaque d'immatriculation »)
"off-road vehicle" means an off-road vehicle as defined in The Off-Road Vehicles Act; (« véhicule à caractère non routier »)
"optometrist" means optometrist as defined in The Drivers and Vehicles Act; (« optométriste »)
"out-of-province driving permit" means out-of-province driving permit as defined in The Drivers and Vehicles Act; (« permis de conduire de non-résident »)
"owner" means owner as defined in The Drivers and Vehicles Act; (« propriétaire »)
"park", when prohibited, means to stand a vehicle whether occupied or not, except
(a) when it is caused to stand temporarily for the purpose of, and while actually engaged in, loading or unloading, or
(b) in obedience to a peace officer or a traffic control device,
and "parking" has a corresponding meaning; (« stationner », « stationnement »)
"passenger vehicle" means a motor vehicle classified by a manufacturer as a passenger car or which is designed, constructed or adapted for the principal purpose of transporting passengers and includes a delivery car but does not include a motor cycle, moped or motor vehicle which is designed, constructed or adapted for the purpose of carrying goods or commodities; (« voiture de tourisme »)
"peace officer" means
(a) any member of the Royal Canadian Mounted Police Force and any other police officer, police constable, constable, or other person employed for the preservation and maintenance of the public peace, and
(b) any person lawfully authorized to direct or regulate traffic, or to enforce this Act or traffic by-laws or regulations; (« agent de la paix »)
"pedestrian" means a person afoot, or a person in a wheelchair or a child's carriage or physically handicapped person operating a motorized mobility-aid; (« piéton »)
"pedestrian control signal" means a traffic control signal directed to pedestrians; (« signal pour piétons »)
"pedestrian corridor" means a crosswalk, at an intersection or elsewhere, that has been designated as a pedestrian corridor by the proper traffic authority and that is illuminated and distinctly indicated for pedestrian crossing by
(a) such lights and other traffic control devices on the highway, and
(b) such lines or other markings on the surface of the roadway,
as are prescribed in regulations made by the traffic board; (« corridor pour piétons »)
"power-assisted bicycle" means a vehicle that
(a) has a handlebar for steering and pedals,
(b) is designed to travel on not more than three wheels in contact with the ground,
(c) can be propelled by muscle power applied to the pedals,
(d) has an electric motor but no other type of motor, and
(i) the motor has a continuous power output rating, measured at its shaft, of 500 W or less,
(ii) if engaged by the driver applying muscle power to the pedals, the motor immediately stops providing the vehicle with motive power when the driver stops applying muscle power,
(iii) if engaged by a throttle, the motor immediately stops providing the vehicle with motive power when the driver activates a brake, and
(iv) the motor cannot provide the vehicle with motive power when it is travelling at more than 32 km/h,
(e) bears a permanent manufacturer's label stating that the vehicle is a power-assisted bicycle under the Motor Vehicle Safety Regulations, C.R.C., c. 1038, and
(f) has either
(i) a mechanism to turn the electric motor on and off that can be operated by the driver, and if the vehicle has a throttle, is separate from the throttle, or
(ii) a mechanism that prevents the motor from engaging until the vehicle is travelling at 3 km/h or more; (« bicyclette assistée »)
"provincial highway" means a highway that is a provincial trunk highway as defined in The Highways and Transportation Act, and also includes a provincial road as defined in that Act; (« route provinciale »)
"public service vehicle" means a motor vehicle or trailer operated by or on behalf of any person, for the transportation for gain or compensation of persons or property upon the highway, and includes a semi-trailer truck; but does not include the passenger-carrying motor vehicles of an electric or steam railway or motor bus company operating on the streets of a city, or school buses, ambulances, or hearses or motor vehicles operated for gain or compensation under The Taxicab Act or a municipal by-law in cities, towns, and villages; (« véhicule de transport public »)
"qualified mechanic" means qualified mechanic as defined in The Drivers and Vehicles Act; (« mécanicien qualifié »)
"race" means a contest of speed between two or more motor vehicles, whether or not the contest involves a prize, when there is an indication of a common intention between the drivers to engage in the contest; (« course »)
"recognized agency" means
(a) The Addictions Foundation of Manitoba, or
(b) any other agency or person engaged in the diagnosis and treatment of persons suffering from alcoholism or drug addiction and approved by the registrar; (« organisme reconnu »)
"recreational equipment" means a device or thing, other than a vehicle, on which a person can ride, or roll or slide over the ground, and includes, but is not limited to,
(a) a sled, sleigh, toboggan or skateboard, and
(b) skates, skis, roller skates, roller blades or snowshoes; (« matériel de loisirs »)
"recycler" means recycler as defined in The Drivers and Vehicles Act; (« récupérateur »)
"reduced restricted speed area" means, subject to section 98
(a) any city, town or village designated by the traffic board under section 98,
(b) any municipality or part of a municipality, or any part of unorganized territory, designated as a reduced restricted speed area by the traffic board under section 98, and
(c) any highway or portion of a highway designated by the traffic board under section 98; (« zone de diminution de la vitesse limite »)
"reflectorized", as applied to any equipment carried in or on a vehicle, or to a traffic control device, means treated in such a manner that, under normal atmospheric conditions, and when illuminated by the light from the lamps of any vehicle approaching it will reflect that light so that it is clearly visible from a distance of at least 150 metres; (« réfléchissant »)
"registrar" means the Registrar of Motor Vehicles appointed under The Drivers and Vehicles Act; (« registraire »)
"registration card" means a card that signifies that the vehicle described in the card is registered under The Drivers and Vehicles Act for the registration period shown in the card and, in any provision of this Act or of the regulations that requires a person to produce a vehicle's registration card to a peace officer, includes
(a) a registration permit under The Drivers and Vehicles Act,
(b) a cab card or a permit under section 87 of this Act, or
(c) any document that signifies that the vehicle is registered under the laws of a jurisdiction outside Manitoba; (« carte d'immatriculation »)
"registration class" means registration class as defined in The Drivers and Vehicles Act; (« classe d'immatriculation »)
"registration class sticker" means registration class sticker as defined in The Drivers and Vehicles Act; (« vignette de classe d'immatriculation »)
"registration period" means registration period as defined in The Drivers and Vehicles Act; (« période d'immatriculation »)
"regulated school bus" means a school bus with a seating capacity of more than 10 including the driver; (« autobus scolaire réglementé »)
"regulation", except when specified otherwise, means a regulation made under this Act; (« règlement »)
"repairer" means repairer as defined in The Drivers and Vehicles Act; (« réparateur »)
"restricted speed area" means, subject to section 97,
(a) any city, town, or village, or
(b) any municipality or part of a municipality or any part of unorganized territory designated as a restricted speed area by the traffic board under section 97, or
(c) any highway or portion of a highway designated by the traffic board under section 97; (« zone de limitation de vitesse »)
"roadway" means the portion of a highway that is improved, designed, or ordinarily used for vehicular traffic, and includes that portion thereof that, but for the presence of a safety zone, would be ordinarily so used, but does not include the shoulder; and where a highway includes two or more separate roadways, the term "roadway" refers to any one roadway separately and not all of the roadways collectively; (« chaussée »)
"safety studded tires" means tires on the periphery of which there have been inserted, either by the manufacturer of the tires or by a person having a permit issued for the purpose by the registrar, studs of any material other than rubber that are of a kind approved in the regulations and that do not protrude beyond the surface of the tires to an extent greater than that specified in the regulations; (« pneus à crampons »)
"safety zone" means an area officially set apart within a highway for the exclusive use of pedestrians, and protected or marked or indicated by adequate traffic control devices so as to be clearly visible, but does not include a pedestrian corridor; (« zone de sécurité »)
"salesperson" means salesperson as defined in The Drivers and Vehicles Act; (« vendeur »)
"school" means
(a) a public school or a private school as defined in The Education Administration Act, or
(b) an educational institution established under the Indian Act (Canada) or under any other Act of the Parliament of Canada,
but does not include a post-secondary educational institution; (« école »)
"school bus" means a vehicle that is designed and classified by the manufacturer as a school bus and used for the purpose of transporting pupils and other authorized persons to or from school or to or from approved school related activities; (« autobus scolaire »)
"semi-trailer" means a trailer so constructed that its weight and the weight of its load is carried partly upon an axle of the truck tractor towing it, and partly upon an axle of the trailer; (« semi-remorque »)
"semi-trailer truck" means truck tractor and a semi-trailer combined; (« véhicule articulé »)
"service", in relation to a vehicle, means service as defined in The Drivers and Vehicles Act; (« entrenir »)
"sidewalk" means a footpath, whether or not paved or improved, that is intended primarily for the use of pedestrians and that either
(a) forms part of that portion of a highway that lies between the kerb line or, if there is none, the lateral boundary line, of the roadway and
(i) the adjacent property lines, or
(ii) the straight production of the adjacent property lines to the kerb line or if there is none, to the lateral boundary line, of an intersecting highway, or
(b) although not part of a highway, is a publicly maintained right-of-way, set aside for pedestrian traffic only and for the purpose of giving access to property adjacent thereto; (« trottoir »)
"single axle" means single axle as defined in the regulations; (« essieu simple »)
"snow vehicle" means a vehicle that has a gross vehicle weight exceeding 454 kilograms and
(a) is not equipped with wheels, but in place thereof is equipped with tractor treads alone or with tractor treads and skis, or with skis and a propeller, or is a toboggan equipped with tractor treads or a propeller,
(b) is designed primarily for operating over snow or ice, and is used primarily for that purpose, and
(c) is designed to be self-propelled; (« motoneige »)
"special mobile machine" means
(a) a vehicle, other than a dump truck, truck mounted transit mixer or other truck mounted machine, that
(i) is used primarily for the purposes of construction and repair of highways, buildings and other structures and is only incidentally operated on a highway, and
(ii) is designed for purposes of such construction and repair, or
(iii) is operated by or on behalf of a traffic authority on a highway over which the authority has jurisdiction; or
(b) a vehicle that
(i) is operated by or on behalf of a traffic authority on a highway over which the authority has jurisdiction for the purpose of sweeping, grading, scraping, ploughing or clearing snow from or otherwise maintaining the highway surface,
(ii) is insured under a policy of liability insurance in an amount not less than the amount prescribed in section 161, and
(iii) is operated by a driver who holds a valid and subsisting driver's licence for the truck where the vehicle is a truck mounted with a device to adapt it for the purpose of sweeping, grading, scraping, ploughing or clearing snow from or otherwise maintaining a highway surface,
but excludes a vehicle designed or primarily used for the transportation of persons or goods other than as set out above; (« engin mobile spécial »)
"stand", as applied to a vehicle, whether occupied or not, means
(a) when required, to cause the vehicle to remain motionless in one place, and
(b) when prohibited, to cause the vehicle to remain motionless in one place, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or a traffic control device,
and "standing" has a corresponding meaning; (« immobiliser », « immobilisation »)
"state of the United States" means state or territory of the United States of America and includes the District of Columbia; (« État »)
"stop", as applied to a vehicle whether occupied or not, means
(a) when required, to cause the vehicle to cease to move, and
(b) when prohibited, to cause the vehicle to cease to move, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or a traffic control device,
and "stopping" has a corresponding meaning; (« arrêter », « arrêt »)
"supervising driver" means supervising driver as defined in The Drivers and Vehicles Act; (« conducteur surveillant »)
"taxicab" means a motor vehicle had, kept, used, intended for use, or operated, for the transportation of persons for compensation, and includes such vehicles when garaged or under repair; but does not include
(a) a public service vehicle,
(b) a trolley bus or passenger-carrying motor vehicle of a public transportation system operating on the streets of a city,
(c) a school bus,
(d) an ambulance,
(e) a hearse, or
(f) a motor vehicle, or vehicle of a class of motor vehicles, that The Taxicab Board established under The Taxicab Act excludes from the definition of taxicab under that Act, pursuant to that Act; (« taxi »)
"tractor" means a self-propelled vehicle that is designed primarily for traction purposes, and that is not itself constructed to carry any load other than the driver, and includes a farm tractor but does not include a truck tractor or a special mobile machine; (« tracteur »)
"traffic" includes pedestrians and ridden, driven, or herded animals and vehicles, and other conveyances, either singly or together, while using a highway for purposes of travel; (« circulation »)
"traffic authority" means
(a) in the case of provincial highways, and highways in unorganized territory, and the forest reserves to which reference is made in subsection 90(9), the minister,
(b) in the case of inter-municipal highways, the municipalities acting together or one of the municipalities acting with the approval of The Municipal Board,
(c) in the case of highways within municipalities, except those on privately-owned land, the municipality within the limits of which the highway is situated,
(d) in the case of a highway, in an Indian Reserve except a provincial highway, the council of the band on the reserve,
(e) in the case of a highway on privately-owned land, the owner thereof,
(f) in the case of a highway in a local government district, or part thereof, that has been designated in an order made under section 321, that local government district; (« autorité chargée de la circulation »)
"traffic board" means The Highway Traffic Board as defined in The Highways Protection Act; (« Conseil routier »)
"traffic control device" means a sign, signal, light, marking, or device, not inconsistent with this Act, placed or erected by a traffic authority for the purpose of regulating, warning or guiding traffic; (« dispositif de signalisation »)
"traffic control light" means the light shown by traffic control signal; (« feu de circulation »)
"traffic control signal" means a traffic control device, whether manually, electrically, or mechanically operated, by which, when operating, traffic is directed to stop and to proceed; (« signal réglant la circulation »)
"trailer" means a vehicle designed for carrying persons or chattels, and for being towed by a motor vehicle, and includes a farm trailer but does not include an implement of husbandry that is temporarily towed upon a highway; (« remorque »)
"transport board" means The Motor Transport Board established under section 326; (« commission du transport »)
"truck" means a motor vehicle or semi-trailer truck, that is not a delivery car and that is constructed or adapted to carry goods, wares, and merchandise, freight or commodities, but not passengers or luggage; (« camion »)
"truck tractor" means a motor vehicle having a net weight of more than 4,000 kilograms, equipped with the lower half of a fifth wheel coupler designed to be used to pull a semi-trailer by coupling to the king pin attached to the semi-trailer; (« véhicule tracteur »)
"turning signal lamps" means lamps of the kind described in clause 35(1)(c); (« indicateurs de changement de direction »)
"unobstructed", as applied to a roadway or a lane of a laned roadway means not obstructed by a stationary object; (« non obstrué »)
"valid", in relation to a driver's licence, out-of-province driving permit or other permit, certificate, student identification sticker or other sticker, vehicle registration or licence, registration card, cab card or other vehicle registration document, means valid as defined in The Drivers and Vehicles Act; (« valide »)
"validation sticker" means validation sticker as defined in The Drivers and Vehicles Act; (« vignette de validation »)
"vehicle" means a device, in, upon, or by which a person or thing is or may be transported or drawn upon a highway
but does not include
(a) a device designed to be moved solely by human muscular power or used exclusively upon stationary rails or tracks, or
(b) a motorized mobility aid; (« véhicule »)
"vehicle identification number" means vehicle identification number as defined in The Drivers and Vehicles Act; (« numéro d'identification de véhicule »)
"vehicle used by a police force" means a vehicle equipped as an emergency vehicle and includes a vehicle equipped as an emergency vehicle that is owned or leased by the government and used by a person employed by the government as a peace officer for the enforcement of an Act or regulation of the Parliament of Canada or the Legislature, but does not include a vehicle equipped as an emergency vehicle when it is used for non-enforcement purposes by a person who is not a peace officer; (« véhicule utilisé par un service de police »)
"written off" means written off as defined in The Drivers and Vehicles Act; (« perte totale »)
"yield sign" means a sign requiring the driver of a vehicle facing it to yield the right-of-way to traffic of an intersecting or connecting highway. (« signal "cédez le passage" »)
1(2) For the purposes of a document, information, application, prosecution, process or other proceeding commenced or issued under or pursuant to this Act, any one or more of the terms "disqualified", "suspended", "cancelled" or "prohibited" or terms to like effect and other parts of speech and tenses of those terms may be used synonymously or interchangeably and the use of one or more or any of those terms does not affect the validity or sufficiency of the document, information, application, prosecution, process or other proceeding.
1(3) Repealed, S.M. 2005, c. 37, Sch. B, s. 2.
S.M. 1985-86, c. 12, s. 1; S.M. 1986-87, c. 14, s. 1 and 2; S.M. 1988-89, c. 14, s. 2; S.M. 1989-90, c. 7, s. 2; S.M. 1989-90, c. 56, s. 2; S.M. 1991-92, c. 25, s. 2 and 4; S.M. 1992, c. 58, s. 11; S.M. 1993, c. 48, s. 68; S.M. 1993, c. 35, s. 2; S.M. 1994, c. 4, s. 2; S.M. 1995, c. 31, s. 2; S.M. 1996, c. 19, s. 2; S.M. 1996, c. 26, s. 2 and 19; S.M. 1996, c. 58, s. 455; S.M. 1997, c. 28, s. 13; S.M. 1997, c. 37, s. 2; S.M. 2000, c. 35, s. 50; S.M. 2001, c. 7, s. 2; S.M. 2001, c. 19, s. 2; S.M. 2001, c. 29, s. 2; S.M. 2002, c. 1, s. 2; S.M. 2002, c. 24, s. 29; S.M. 2002, c. 26, s. 14; S.M. 2002, c. 48, s. 9; S.M. 2004, c. 11, s. 2; S.M. 2004, c. 30, s. 2; S.M. 2005, c. 37, Sch. B, s. 2.
2(1) Repealed, S.M. 2001, c. 19, s. 3.
2(2) A truck that
(a) has a gross weight, including its load, not exceeding 3,700 kilograms, or is unladen or is carrying only the household goods or personal effects of the owner or driver thereof, including the luggage and equipment of a tourist or camper; and
(b) is not being used for a commercial purpose at the time;
is not a commercial truck solely by reason of the fact that it is being operated
(c) more than 30 kilometres from any city, town, or village, in the province other than The City of Winnipeg; or
(d) more than 20 kilometres from the City of Winnipeg.
2(3) Where a thoroughfare consists of two or more separate roadways, and between each two adjoining roadways there is an intervening space, or a physical barrier or clearly indicated dividing section constructed so that it prevents or impedes vehicular traffic entering or crossing the space, barrier, or dividing section, and on each roadway traffic is permitted to proceed in one direction only, except as herein specifically otherwise provided, the several roadways constitute one highway; and the space, barrier or dividing section, shall be conclusively deemed to be a directional dividing line for the highway.
2(4) Repealed, S.M. 1996, c. 26, s. 3.
2(5) and (6) Repealed, S.M. 2005, c. 37, Sch. B, s. 3.
S.M. 1985-86, c. 13, s. 2; S.M. 1996, c. 26, s. 3; S.M. 2001, c. 19, s. 3; S.M. 2005, c. 37, Sch. B, s. 3.
3 Wherever in this Act a reference is made to the Criminal Code it shall be deemed to mean the Criminal Code (Canada) as amended from time to time.
4 If any provision of this Act is adjudged invalid the judgment shall not be construed to invalidate other provisions of this Act.
PART I
REGISTRATION OF VEHICLES
When certain tractors are motor vehicles
4.1 For the purposes of this Part, a tractor that is designed and primarily used as a farm implement is a motor vehicle when it is driven on a highway except
(a) when it is towing
(i) an implement of husbandry in the course of agricultural operations or for farm use, or
(ii) a vehicle used in transporting the produce or livestock of the tractor-owner's farm or in transporting property for use on the farm; or
(b) when it is being moved in the course of agricultural operations or for the purpose of being serviced.
S.M. 1994, c. 4, s. 3; S.M. 2005, c. 37, Sch. B, s. 4.
REQUIREMENT TO REGISTER CERTAIN VEHICLES AND DISPLAY NUMBER PLATES
Registration and plating of vehicles
4.2(1) No person shall drive a motor vehicle or tow a trailer on a highway, and no person who owns a motor vehicle or trailer shall permit another person to drive or tow it on a highway,
(a) unless
(i) a registration card for the vehicle has been issued under The Drivers and Vehicles Act and is valid,
(ii) the vehicle displays, in accordance with the regulations under that Act, the quantity and type of number plates that those regulations prescribe for use on a vehicle of its registration class, and
(iii) the number plates display the vehicle's registration card number and, in accordance with the regulations under that Act, stickers showing the vehicle's registration class and that the registration is valid;
(b) unless a valid registration permit issued under The Drivers and Vehicles Act for the vehicle is displayed on or carried in it in accordance with the regulations under that Act, or a valid permit under section 87 of this Act is displayed on or carried in it in accordance with this Act; or
(c) unless the person and the vehicle are in compliance with a provision of The Drivers and Vehicles Act that allows the person to drive or tow the vehicle without complying with the requirements of clause (a) or (b).
4.2(2) to (11) Repealed, S.M. 2005, c. 37, Sch. B, s. 5.
S.M. 1994, c. 4, s. 3; S.M. 1997, c. 37, s. 3; S.M. 2005, c. 37, Sch. B, s. 5.
RECIPROCAL AGREEMENTS AND ARRANGEMENTS
4.3(1) The minister may enter into a reciprocal agreement or arrangement on behalf of the Government of Manitoba with the government of any other province or territory of Canada or of any state of the United States of America respecting the granting of exemptions or partial exemptions from the application of subsection 4.2(1) or the granting of privileges to any class of vehicle owners ordinarily resident in that other province, territory or state if that other province, territory or state grants similar exemptions or privileges to vehicle owners ordinarily resident in Manitoba.
4.3(2) No person is entitled to an exemption or privilege under an agreement or arrangement entered into under subsection (1) unless that person
(a) has complied with the law of his or her place of ordinary residence as to the registration and licensing of his or her vehicle;
(b) carries or causes to be carried on the vehicle the certificate of registration, licence and number plate or plates required by the law of his or her place of ordinary residence; and
(c) complies with all conditions and restrictions set out in the agreement or arrangement.
Agreements re registration and apportioning fees
4.3(3) The minister may enter into an agreement on behalf of the Government of Manitoba with the government of any other province or territory of Canada or of any state of the United States of America respecting special arrangements for the registration of, and for determining, apportioning and collecting registration, licence and administration fees for any class of vehicles engaged in interjurisdictional travel.
4.3(4) No person is entitled to any exemption, privilege or benefit under any agreement or arrangement entered into under subsection (3) unless that person
(a) has complied with the requirements of that agreement or arrangement respecting the registration and licensing of his or her vehicle;
(b) carries or causes to be carried on the vehicle evidence of that compliance, including documents evidencing registration and any number plate or plates required under that agreement or arrangement; and
(c) complies with all conditions and restrictions set out in the agreement or arrangement.
4.3(5) An agreement or arrangement entered into under subsection (1) or (3) may be cancelled by the minister, in which case any exemption, privilege or benefit under it is cancelled.
4.3(6) In this section, "state" includes any territory of the United States of America and the District of Columbia.
4.3(7) An agreement or arrangement made under subsection 13(5) before its repeal is deemed to have been made under this section.
S.M. 1994, c. 4, s. 3; S.M. 1995, c. 33, s. 10.
4.4 to 4.20 Repealed.
S.M. 1994, c. 4, s. 3; S.M. 1995, c. 31, s. 3; S.M. 1997, c. 37, s. 4, 5, 6 and 8;S.M. 2005, c. 29, s. 3 and 4; S.M. 2005, c. 37, Sch. B, s. 7.
USE OF REGISTRATION CARDS
Production of registration card to peace officer
4.21(1) On demand by a peace officer, a driver, registered owner or person having care and control of a vehicle shall without delay produce the registration card issued for it or the cab card issued in respect of it for inspection.
4.21(2) When a vehicle is being operated by a repairer or by a mechanic engaged by a repairer who has custody of the vehicle for the purpose of testing or servicing it, including picking it up and returning it or moving it from one place to another in connection with the servicing or testing, the peace officer shall give the repairer or mechanic reasonable time within which to produce the registration card.
S.M. 1994, c. 4, s. 3; S.M. 1995, c. 33, s. 10.
4.22 to 4.24Repealed.
S.M. 1994, c. 4, s. 3; S.M. 1995, c. 33, s. 10; S.M. 1997, c. 37, s. 9; S.M. 2005, c. 37, Sch. B, s. 7.
4.25(1) Repealed, S.M. 2005, c. 37, Sch. B, s. 9.
4.25(1.1) No person shall drive or tow a vehicle on a highway if a number plate required to be displayed on the vehicle is obstructed in a manner that prevents or is capable of preventing any of the following information from being accurately captured by an image capturing enforcement system:
(a) the jurisdiction or authority that issued the number plate;
(b) the numbers or letters that make up the vehicle's registration number.
Effect of towing trailer or other vehicle
4.25(2) A person does not contravene subsection (1.1) by reason only that the vehicle that the person is driving is towing a trailer or other vehicle.
When a number plate must be displayed
4.25(3) For the purposes of this section, a number plate is required to be displayed on a vehicle if
(a) the vehicle is registered under The Drivers and Vehicles Act, and that Act or a regulation under it requires the vehicle to display the number plate; or
(b) the vehicle is registered under another Act, and that Act or a regulation under it requires the vehicle to display the number plate.
S.M. 1994, c. 4, s. 3; S.M. 1997, c. 37, s. 10; S.M. 2002, c. 1, s. 3; S.M. 2005, c. 37, Sch. B, s. 9.
4.26 to 4.31Repealed.
S.M. 1994, c. 4, s. 3; S.M. 1995, c. 31, s. 4; S.M. 1997, c. 37, s. 11, 12, 13 and 14; S.M. 2005, c. 37, Sch. B, s. 10.
5 Repealed.
S.M. 1985-86, c. 12, s. 2; S.M. 1986-87, c. 14, s. 3; S.M. 1988-89, c. 14, s. 3; S.M. 1989-90, c. 56, s. 3; S.M. 1992, c. 12, s. 2; S.M. 1994, c. 4, s. 3; S.M. 2005, c. 37, Sch. B, s. 10.
6 to 18 Repealed.
S.M. 1985-86, c. 12, s. 3; S.M. 1986-87, c. 14, s. 4; S.M. 1987-88, c. 23, s. 1 and 2; S.M. 1988-89, c. 14, s. 4; S.M. 1989-90, c. 56, s. 4 and 5; S.M. 1991-92, c. 25, s. 7; S.M. 1994, c. 4, s. 3.
PART I.1
REQUIREMENT TO REPORT SUSPICIOUS VEHICLE
19 to 21.10 Repealed.
S.M. 1994, c. 4, s. 5; S.M. 1995, c. 31, s. 5; S.M. 1997, c. 37, s. 15; S.M. 2005, c. 37, Sch. B, s. 12.
DUTY TO REPORT DEFACED IDENTIFICATION NUMBERS AND UNCLAIMED OR DAMAGED VEHICLES
21.11(1) In this section, "motor vehicle" includes a part of a motor vehicle.
Report of defaced identification number
21.11(2) If a motor vehicle's vehicle identification number has been lost, removed, destroyed or altered, or is illegible, a person who comes into possession of the motor vehicle shall
(a) without delay report that fact to a police officer having jurisdiction in the area;
(b) give the police officer the number plate number and a description of the motor vehicle and, if known, any information the person has relating to the person previously in possession of the motor vehicle; and
(c) retain the motor vehicle in his or her possession in the condition in which it was received for a period of 10 days from the date of the report, unless the police officer otherwise directs.
Reports of vehicles stored in suspicious circumstances
21.11(3) A person who buys, sells, stores, services or provides parking for motor vehicles or destroys motor vehicles for scrap or dismantles them for parts shall comply with subsection (4) when a motor vehicle
(a) comes into or remains in his or her possession without good reason or under suspicious circumstances; or
(b) that shows evidence of having been stolen or struck by a bullet comes into his or her possession.
21.11(4) A person referred to in subsection (3) shall
(a) without delay report that matter to a police officer having jurisdiction in the area;
(b) give the police officer the number plate number and a description of the motor vehicle and, if known, the vehicle identification number and any information the person has relating to the person previously in possession of the motor vehicle; and
(c) if the person has the right to retain possession of the motor vehicle, retain it in his or her possession in the condition in which it was received for a period of 10 days from the date of the report, unless the police officer otherwise directs.
S.M. 1997, c. 37, s. 15; S.M. 2005, c. 37, Sch. B, s. 13.
OFFENCES AND EVIDENCE
21.12(1) A person who contravenes section 21.11 is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.
Directors and officers of corporations
21.12(2) If a corporation commits an offence under subsection (1), a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on summary conviction to a fine of not more than $5,000., whether or not the corporation has been prosecuted or convicted.
21.12(3) No proceeding under subsection (1) may be commenced more than one year after the commission of the alleged offence.
Liability for employee or agent
21.12(4) In a prosecution under this section for an offence by a dealer or recycler, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the dealer or recycler while acting in the course of his or her employment or agency functions, whether or not the employee has been prosecuted or convicted.
S.M. 1997, c. 37, s. 15; S.M. 2005, c. 37, Sch. B, s. 14.
21.13 Repealed.
S.M. 1997, c. 37, s. 15; S.M. 2005, c. 37, Sch. B, s. 15.
RENTING MOTOR VEHICLES
Record of motor vehicles rented
22 Every person engaged in the business of renting motor vehicles without drivers shall keep a record, to be signed by the person renting it, of each vehicle rented, the identity of the person renting it, the number and particulars of the person's driver's licence, the day and time at which the vehicle is rented, and the time it is in the possession of the person to whom it is rented, and such further information as may be required in the regulations; and the record shall be a public record and open to inspection by any person.
Municipal licence for liveries, etc.
23(1) The council of a municipality may, by by-law, require every person conducting or carrying on an automobile livery, or letting or having motor vehicles, including drive-yourself automobiles and taxicabs, for hire or gain, within the municipality, or using the streets thereof in connection with such a business, to take out an annual licence from the municipality, and to pay a licence fee therefor of such amount as is fixed by by-law for, or in respect of, each motor vehicle so used.
Regulation of livery and taxicab business
23(2) The council of a municipality may, by by-law, make rules and regulations for prohibiting, limiting, controlling and regulating any such business or occupation, including, without restricting the generality of the foregoing, the definition of various classes of vehicles, the fixing of rates or tolls to be charged, either by zones, meters or any other method, the creation of zones, the installation and inspection of meters in taxicabs, the powers and duties of inspectors, the placing of insurance for the protection of persons and property, and the location or use of taxicab ranks or stands.
23(3) Any written undertaking signed by an insurer, or its duly authorized agent, whereby the insurer agrees not to cancel a policy of insurance issued by it in respect of a vehicle used or intended to be used for hire or gain within a municipality, except upon ten days' prior written notice to the inspector of licences or other officer of the municipality, is valid and binding on the insurer; and the policy to which reference is made in any such undertaking remains in full force and effect until ten days after such a notice has been given, or until the policy lapses.
PART II
LICENCE REQUIREMENTS FOR HIGHWAY DRIVING
Driver's licence required to drive motor vehicle
24(1) No person shall drive a motor vehicle on a highway unless the person
(a) holds a valid driver's licence of a class that authorizes the person to drive the class of motor vehicle being driven; and
(b) carries the driver's licence while driving.
Licence required to operate tractors, etc.
24(1.1) No person shall drive an implement of husbandry, special mobile machine or tractor on a provincial highway, or a highway within the municipal boundaries of a city, town, village or urban municipality, unless the person holds a valid driver's licence of a class that authorizes him or her to drive a class 5 motor vehicle without a full-time supervising driver and carries the driver's licence while driving.
Exception for out-of-province driving permits
24(1.2) A person does not contravene subsection (1) if the person holds a valid out-of-province driving permit that authorizes the person to drive a motor vehicle of the class being driven and the person is allowed to drive in Manitoba by subsection 31(1) or (3) of The Drivers and Vehicles Act. A person does not contravene subsection (1.1) if the person holds a valid out-of-province driving permit that authorizes the person to drive a class 5 motor vehicle without a full-time supervising driver and the person is allowed to drive in Manitoba by subsection 31(1) or (3) of The Drivers and Vehicles Act.
24(2) to (5)Repealed, S.M. 2001, c. 7, s. 4.
24(6) Repealed, S.M. 2005, c. 37, Sch. B, s. 17.
24(7) Repealed, S.M. 2001, c. 7, s. 4.
24(8) Repealed, S.M. 2005, c. 37, Sch. B, s. 17.
24(9) Repealed, S.M. 2005, c. 37, Sch. B, s. 87.
24(10) to (12) Repealed, S.M. 2005, c. 37, Sch. B, s. 17.
Suspension of probationary licence
24(13) Where a person to whom a licence is issued under subsection (7) is convicted of an offence
(a) relating to the operation of a motor vehicle while in motion, other than an offence relating to equipment, weight or dimensions;
(b) under
(i) this Act, or
(ii) the laws of another province or territory of Canada, or a state or territory of or the District of Columbia in the United States of America, where the registrar deems the offence to be equivalent to an offence under this Act; and
(c) committed within the period during which the licence is probationary;
unless otherwise ordered by the registrar, the licence shall be suspended for such period not exceeding one year as the registrar may determine.
S.M. 1986-87, c. 14, s. 6; S.M. 1989-90, c. 55, s. 2; S.M. 1991-92, c. 25, s. 17 and 18; S.M. 1995, c. 31, s. 6; S.M. 2001, c. 7, s. 4; S.M. 2001, c. 19, s. 4; S.M. 2005, c. 37, Sch. B, s. 17 and 87.
25 Repealed.
S.M. 1985-86, c. 12, s. 4 and 5; S.M. 1991-92, c. 25, s. 19.
26 Repealed.
S.M. 1989-90, c. 56, s. 6; S.M. 1991-92, c. 25, s. 20 and 22; S.M. 1994, c. 25, s. 2; S.M. 1997, c. 37, s. 41; S.M. 1999, c. 35, s. 2; S.M. 2001, c. 7, s. 5.
NOVICE DRIVERS
26.1(1) The Lieutenant Governor in Council may make regulations
(a) to (l) repealed, S.M. 2005, c. 37, Sch. B, s. 18;
(m) prescribing maximum blood alcohol concentration levels for supervising drivers;
(n) providing for remedial actions that the registrar may take in respect of a novice driver who drives while he or she has any alcohol in his or her blood or refuses a peace officer's request to provide a breath sample, and prescribing sanctions that the registrar may impose on such a driver;
(o) prescribing provincially-approved screening devices for the purpose of determining the blood alcohol concentration level of a novice or supervising driver, and governing the calibration and use of the devices;
(p) authorizing a peace officer to demand that a novice or supervising driver provide a sample of his or her breath for the purpose of determining his or her blood alcohol concentration level, and requiring the novice or supervising driver to provide a breath sample on demand, at the roadside, to be analyzed by a provincially-approved screening device or an approved screening device as defined in section 254 of the Criminal Code (Canada), or at another place, to be analyzed by an instrument approved as suitable for the purpose of section 258 of the Criminal Code (Canada), or both;
(q) respecting the handling and analysis of breath samples provided under a regulation made under clause (p), including, but not limited to, the manner of recording and certifying the results of the analysis of breath samples and the manner in which a certificate of analysis may be entered in evidence in a prosecution under this Act and the weight to be attributed to a certificate of analysis;
(r) authorizing a peace officer to demand that a novice driver surrender his or her licence if the novice driver has any alcohol in his or her blood or the novice driver refuses to provide a breath sample on demand, and requiring the novice driver to surrender his or her licence to the peace officer on demand;
(s) respecting the removal and storage of a vehicle, and any towed equipment, being driven by a novice driver when he or she has been found to be driving with alcohol in his or her blood, and respecting the enforcement of the costs of removal and storage;
(t) repealed, S.M. 2005, c. 37, Sch. B, s. 18.
26.1(2) A regulation made under subsection (1) may be general or particular in its application and may apply in whole or in part in respect of any class of licence for novice drivers.
26.1(3) A novice or supervising driver who contravenes a provision of a regulation made under subsection (1), or a novice driver who contravenes a condition or restriction of his or her licence, is guilty of an offence and is liable on summary conviction to the penalties set out in section 239.
26.1(4) Imposing a penalty under subsection (3) on a driver does not restrict, limit or affect the effect of any other provision of this Act authorizing or requiring the suspension or cancellation of a registration, licence or permit, or the disqualification of a person from holding a licence or making a registration.
Defence of novice driver to charge re supervising driver's qualifications
26.1(5) It is a defence to a charge against a novice driver under subsection (3) relating to the qualifications or requirements of the supervising driver if the accused establishes that he or she took all reasonable measures to comply with the regulations.
S.M. 2001, c. 7, s. 6; S.M. 2002, c. 40, s. 2; S.M. 2005, c. 37, Sch. B, s. 18.
26.2 Repealed.
S.M. 2001, c. 7, s. 7; S.M. 2005, c. 37, Sch. B, s. 19.
Zero BAC level: novice drivers
26.3 No novice driver shall, while he or she has any alcohol in his or her blood, operate or have care or control of
(a) a motor vehicle or off-road vehicle; or
(b) an implement of husbandry, special mobile machine or tractor.
Restrictions at learner stage for class 5 vehicles
26.4(1) A novice driver who holds a class or subclass of licence prescribed for novice drivers in the learner stage entitling him or her to operate a class 5 vehicle shall not
(a) operate a class 5 vehicle unless a supervising driver is in it;
(b) operate the vehicle
(i) with anyone else in the front seat other than the supervising driver, or
(ii) with anyone in the part of the vehicle behind the front seat except in a seating position that is equipped with a seat belt;
(c) tow another vehicle; or
(d) operate an off-road vehicle on or across a highway.
Restrictions at intermediate stage for class 5 vehicles
26.4(2) A novice driver who holds a class or subclass of licence prescribed for novice drivers in the intermediate stage entitling him or her to operate a class 5 vehicle shall not,
(a) between 5:00 a.m. and midnight, operate a class 5 vehicle with more than one passenger in the front seat or with anyone in the part of the vehicle behind the front seat except in a seating position that is equipped with a seat belt; and
(b) between midnight and 5:00 a.m., operate a class 5 vehicle
(i) with more than one passenger in the vehicle, unless a supervising driver is in the vehicle, or
(ii) when a supervising driver is in the vehicle, with anyone else in the front seat other than the supervising driver, or with anyone in the part of the vehicle behind the front seat except in a seating position that is equipped with a seat belt.
27 to 30 Repealed.
S.M. 1986-87, c. 14, s. 7 and 8; S.M. 1987-88, c. 23, s. 3 to 5; S.M. 1989-90, c. 55, s. 3 to 7; S.M 1991-92, c. 25, s. 23; S.M. 1995, c. 31, s. 8; S.M. 1995, c. 31, s. 7 to 10; S.M. 1997, c. 38, s. 2 and 3; S.M. 1999, c. 12, s. 2 to 4; S.M. 2001, c. 7, s. 8 and 9; S.M. 2001, c. 19, s. 5; S.M. 2002, c. 24, s. 29; S.M. 2004, c. 30, s. 3; S.M. 2005, c. 37, Sch. B, s. 20.
31(1) Repealed, S.M. 2001, c. 7, s. 10.
Examination before issue of licence
31(2) Subject to subsections (3) and (4), the registrar shall not issue a licence of any class to a person unless he or she has passed the examinations the registrar requires and satisfied any other requirements the registrar considers appropriate.
31(3) The registrar may exempt an applicant for a driver's licence from any examination required under this Act, if
(a) the applicant holds a valid driver's licence issued by a competent authority in a province or territory of Canada, or a state or territory of or the District of Columbia in the United States of America;
(a.1) the application is for a class 5 or 6 licence and the applicant holds a valid driver's licence issued by a competent authority in a country or political subdivision of a country with which the government has a subsisting arrangement or reciprocal agreement as provided for in subsection 31.1(1);
(b) the applicant is a member of NATO personnel, or a family member of such a member, and holds a valid driver's licence of any class issued by a competent authority in the country in which the member permanently resides;
(c) the applicant holds a valid driver's licence of any class issued under the authority of the Commander, Canadian Forces Europe; or
(d) in the three month period immediately preceding the application, the applicant held a valid driver's licence issued by a competent authority in a province or territory of Canada, and the authority confirms that the applicant is eligible to apply for and hold a driver's licence and to operate a motor vehicle in that province or territory.
31(4) The registrar may issue a licence of any class of licence to any person without requiring him to pass an examination, if that person has not allowed his licence to lapse for more than 4 consecutive years from the end of the last licence period for which he held a valid and subsisting licence of the same class for that period, or has previously passed an examination that satisfies the registrar that he is qualified to operate a motor vehicle.
Refusal to issue without examination
31(5) The registrar may, in his absolute discretion, refuse to issue a licence of any class of licence to any person unless that person passes an examination as provided in subsection (2).
Further examination, interview or course required
31(6) The registrar may require a person who holds a licence of any class, or whose licence or right to have a licence has been suspended or cancelled, to do one or more of the following:
(a) pass an examination as provided in subsection (2) or any further examination and satisfy any other requirements that the registrar considers appropriate;
(b) attend an interview to discuss the person's ability to operate a motor vehicle safely or comply with the provisions of this Act and the regulations, as the case may require;
(c) successfully complete a driver improvement course specified by the registrar and administered by an agency approved by the registrar, and provide the registrar with satisfactory evidence of successful completion.
31(6.1) If the person fails to meet a requirement under subsection (6) within the time set by the registrar, the registrar may cancel any licence the person holds, and may, whether or not the licence is cancelled, refuse to issue any further renewal or licence until the requirement is met.
31(7) Notwithstanding subsection (6), the registrar may issue a temporary licence for a period not exceeding 24 hours subject to such conditions or restrictions as he may prescribe.
31(8) An examination which any person is required to pass pursuant to this section shall include
(a) a test of the person's eyesight, his ability to read and understand highway signs regulating, warning, and directing traffic, his knowledge of the laws respecting highway traffic in force in the province and in any municipality; and
(b) a test of the person's ability to exercise ordinary and reasonable control in the operation of a motor vehicle on a highway.
31(9) Repealed, S.M. 2001, c. 19, s. 6.
31(10) Repealed, S.M. 2001, c. 7, s. 10.
Exemption from driving test for certain employees
31(11) The registrar may exempt an applicant for a Class 1, 2, 3 or 4 licence from a practical driving examination required under subsection (2) if
(a) the registrar receives a certificate from the applicant's employer, on a form approved by the registrar, stating that the applicant
(i) has satisfactorily completed the employer's training course in the safe and proper operation of motor vehicles of the type or kind authorized to be operated under the class of licence applied for, and
(ii) has passed the employer's practical driving examination administered in that type or kind of motor vehicle; and
(b) the registrar has approved the employer's training course and practical driving examination.
Issue of lower class of licences
31(12) Notwithstanding any other provision of this Act, where a person holds or has held a licence of any class which has been suspended or cancelled for his inability to meet any standards or requirements prescribed under the regulations for that class of licence, if the registrar is satisfied that the person meets the standards and requirements prescribed by the regulations for a lower class of licence, he may issue that lower class of licence to the person.
31(13) Renumbered as section 28.3.
31(14) Repealed, S.M. 1995, c. 31, s. 10.
S.M. 1985-86, c. 12, s. 7; S.M. 1986-87, c. 14, s. 9; S.M. 1987-88, c. 23, s. 6; S.M. 1989-90, c. 4, s. 2; S.M. 1989-90, c. 56, s. 7 and 8; S.M. 1991-92, c. 25, s. 24; S.M. 1993, c. 42, s. 7; S.M. 1994, c. 25, s. 3; S.M. 1995, c. 31, s. 10; S.M. 1998, c. 26, s. 2; S.M. 2001, c. 7, s. 10; S.M. 2001, c. 19, s. 6.
RECIPROCAL AGREEMENTS AND ARRANGEMENTS
Arrangements and agreements recognizing foreign drivers' licences
31.1(1) The minister may enter into an arrangement or reciprocal agreement on behalf of the Government of Manitoba with the government of a country or of a political subdivision of a country respecting the granting of exemptions or partial exemptions under subsection 28(1) of The Drivers and Vehicles Act from the examination requirements of that Act if the driver's licence requirements of the country or political subdivision of a country meet or exceed the requirements of that Act and the regulations under that Act.
Cancellation of arrangement or agreement
31.1(2) An arrangement or agreement entered into under subsection (1) may be cancelled by the minister, in which case any exemption, privilege or benefit under it is cancelled.
S.M. 1998, c. 26, s. 3; S.M. 2005, c. 37, Sch. B, s. 22.
32 to 34 Repealed.
S.M. 1989-90, c. 55, s. 8; S.M. 2001, c. 7, s. 11 and 13; S.M. 2002, c. 40, s. 3; S.M. 2005, c. 37, Sch. B, s. 23.
PART III
EQUIPMENT DIMENSIONS AND WEIGHT OF VEHICLES
MINIMUM LIGHTING EQUIPMENT REQUIRED
Application of s. 35 to 37 to agricultural equipment
34.1 Sections 35 to 37 do not apply to a tractor or an implement of husbandry.
Lighting equipment of vehicles
35(1) Except as otherwise provided in this Act, every vehicle shall, at all times while it is upon a highway, be equipped with lamps and other equipment in good working order as in this section provided, namely:
(a) Every motor vehicle other than a motorcycle, mobility vehicle or moped and special mobile machine shall carry
(i) at least two, but not more than four, headlamps, an equal number of which shall be on each side of the front of the vehicle and each of which shall cast a white light only,
(ii) at least one lamp, and, where the motor vehicle is, or has been advertised to be, a motor vehicle of the model or make of the year 1968 or of any subsequent year, at least two lamps, which, or each of which, shall cast a red light to the rear of the vehicle, and
(iii) a lamp or lamps, which may be the lamp or lamps required under sub-clause (ii) and which, or one or more of which, illuminates with a white light the rear number plate of the vehicle, if any.
(b) Every motor vehicle other than a tractor or a moped shall carry a "stop" signal lamp so constructed and placed at the back of the vehicle as to show a "stop" light, red in colour.
(c) Subject to subsection (10),
(i) every motor vehicle shall carry at the front and the back thereof, and
(ii) every trailer shall carry at the back thereof,
lamps that may be lighted intermittently or in flashes as a signal that the vehicle is about to be turned to the right or the left according as the lamps are lighted on the right or the left side of the front and rear of the vehicle; and any such lamp that is affixed to the back of the vehicle shall cast a red or amber light and any such lamp that is affixed to the front of the vehicle shall cast a white or amber light.
(d) Every motorcycle, mobility vehicle and moped shall, in place of the lamps required under sub-clauses (a)(i) and (ii), carry at least one but no more than two headlamps at the front conforming to the requirements of sub-clause (a)(i) and no more than one lamp at the back conforming to the combined requirements of sub-clauses (a)(ii) and (iii).
(e) Every motor vehicle, except a motor vehicle of the passenger car type, having a width, inclusive of the load thereon, in excess of 2.05 metres at any part thereof shall, in addition to the lamps required under clauses (a), (b), and (c), carry at least four clearance lamps in a conspicuous position and, subject as herein provided, as near the top as practicable,
(i) one of which shall be placed on each side of the front of the vehicle and shall cast only a green or amber light forward,
(ii) one of which shall be placed on each side of the back of the vehicle and shall cast only a red light rearwards, and
(iii) at least one of which shall be placed on that part of the vehicle that projects farthest to the right thereof, and at least one of which on that part of the vehicle that projects farthest to the left thereof, and
(iv) of which the lamps to which sub-clause (iii) applies shall cast only a green or amber light forward and only a red light rearward.
(f) Where a motor vehicle has a trailer attached, if the combined vehicles have a width, inclusive of the load thereon, in excess of 2.05 metres at any part thereof, they shall carry the lamps required under clause (e) and placed and casting lights as in that clause required, as if the combined vehicles were one vehicle.
(g) Every trailer attached to a motor vehicle, or if more than one is so attached, the rearmost of them, shall carry at the back thereof
(i) at least one lamp which or each of which shall cast a red light to the rear of the vehicle, and
(ii) a "stop" signal lamp, as described in clause (b).
(h) Every trailer or other vehicle attached to a tractor, or, if more than one, the rearmost of them, shall carry at the back thereof the lamp or lamps mentioned in clause (g).
(i) Every vehicle in respect of which no other provision is made in this subsection shall carry at the back thereof, or at the back of any other vehicle that may be attached thereto,
(i) a reflector which shall be so placed as to be illuminated by the lights of any vehicle approaching from the rear and shall cast a red reflection, or
(ii) a lamp casting a red light.
(j) Where a vehicle is being towed on a highway at a time when, under subsection (11), lamps on vehicles are required to be lighted,
(i) if it is being towed by an animal and has a width, inclusive of the load thereon, in excess of 2.05 metres at any part thereof, or
(ii) if it is being towed by another vehicle and has a width equal to or greater than the vehicle towing it,
it shall carry at least four clearance lamps or reflectors in a conspicuous position,
(iii) one of which shall be placed at each side of the front of the vehicle and shall cast or reflect only a green or amber light forward,
(iv) one of which shall be placed on each side of the back of the vehicle and shall cast or reflect only a red light rearwards,
(v) at least one of which shall be placed on that part of the vehicle that projects farthest to the right thereof, and at least one of which on that part of the vehicle that projects farthest to the left thereof, and
(vi) of which the lamps or reflectors to which sub-clause (v) applies shall cast or reflect only a green or amber light forward and only a red light rearward.
(k) In addition to the lamps required under clause (d), every moped shall carry on the back thereof one reflector, having a diameter of not less than 75 millimetres, and which shall be so placed as to be illuminated by lights of a vehicle approaching from the rear and shall cast a red reflection visible under normal atmospheric conditions from a distance of 150 metres.
(l) Where a special mobile machine is towed on a highway at a time when under subsection (11) lamps on vehicles are required to be lighted, the special mobile machine shall display
(i) at least one amber reflector visible to the front and positioned to indicate, as nearly as practicable, the extreme left projection of the special mobile machine, and
(ii) at least 2 red reflectors visible to the rear and mounted to indicate, as nearly as practicable, the extreme left and extreme right projection of the special mobile machine.
(m) Every motor vehicle of the passenger car type manufactured on or after January 1, 1987 shall carry, in addition to the stop lamps required under clause (b), one centre high mounted stop lamp that complies with the standards prescribed for such lamps by the regulations made under the Motor Vehicle Safety Act (Canada), and any motor vehicle manufactured before that date may carry one centre high mounted stop lamp that complies with those standards.
(n) Every motor vehicle manufactured on or after December 1, 1989, other than a motorcycle or moped, shall carry daytime running lights that comply with the standards prescribed for such lights by the regulations made under the Motor Vehicle Safety Act (Canada), and any motor vehicle manufactured before that date, other than a motorcycle or moped, may carry daytime running lights that comply with the standards approved for such lights by the Canadian Standards Association.
(o) Notwithstanding clause (n), a motor vehicle used for police duty may be equipped with a switch that, when activated, bypasses the unit controlling the daytime running lights required under that clause, and the switch may be activated if the motor vehicle is also equipped with an indicator light to alert the driver that the daytime running lights system has been bypassed and if both the indicator light and the switch are activated at the same time.
35(2) The lamps required under sub-clauses (1)(a)(i) and (ii) and clauses (1)(c), (d), (e), (f), (g), and (h) shall be of such kind and so constructed that the lamps, when lighted, cast a light visible under normal atmospheric conditions from a distance of 150 metres.
35(3) Subject to subsection 36(1), the headlamps of every motor vehicle shall be so constructed, arranged and adjusted that they will, under normal atmospheric conditions and on a straight and level road and under any condition of loading, produce at all times when lamps are required to be lighted under subsection (11) a driving light sufficient to render clearly discernible to the driver of the motor vehicle any person or vehicle in front of the vehicle on the highway within a distance of 110 metres.
Headlamps to comply with regulations, etc.
35(4) The headlamps of every motor vehicle that has been manufactured on or after the first day of January, 1971, shall comply with any standards of specifications for headlamps prescribed under the regulations, or prescribed under regulations made under the Motor Vehicle Safety Act (Canada), as those regulations are heretofore or hereafter amended from time to time.
Strength of certain rear lamps
35(5) The lamps at the back of a motor vehicle, trailer, or other vehicle, required under clause (1)(a), (g), or (h) shall be of at least three candle power.
35(6) The "stop" signal lamp required, under clause (1)(b) or (g), to be carried by a motor vehicle or trailer shall, when operated, cast a red "stop" light that is plainly visible in normal sunlight from a distance of 30 metres in rear of the vehicle; but it shall not cast a glaring or dazzling light.
Lamp equipment on special mobile machines
35(7) A special mobile machine is required to be equipped as set out in clause (1)(a) only if it is upon a highway at a time when, under subsection (11), lamps on vehicles are required to be lighted.
Lamps and reflectors on other vehicles
35(8) The lamp or reflector required, under clause (1)(i) or (j), to be carried by certain vehicles shall be of such a kind and so constructed that, under normal atmospheric conditions, the lamp when lighted, or the reflector, casts or reflects, as the case may be, a light visible from a distance of 150 metres in the rear of the vehicle.
35(9) The reflectors required under clauses (1)(i) and (j), and under clause 149(1)(b), shall be of a type approved by the traffic board and
(a) those required under clauses (1)(i) and (j) shall be not less than 75 millimetres in diameter; and
(b) that required under clause 149(1)(b) shall be not less than 35 millimetres in diameter.
35(10) Clause (1)(c) does not apply to a motor cycle of the model or make of the year 1974 or earlier, or to a moped.
When lamps required to be lighted
35(11) The lamps carried on a vehicle pursuant to clause (1)(a), (d), (e), (f), (g), (h), (i), or (j), or pursuant to clause 149(1)(a), shall be lighted when the vehicle is on a highway one-half hour before sunset and one-half hour after sunrise and at any other time when there is not sufficient light to render clearly discernible a person on a highway at a distance of 60 metres ahead; and the driver or operator of the vehicle shall cause the lamps to be lighted as herein required.
35(11.1) Subsection (11) does not apply to a peace officer, where compliance therewith would inhibit the peace officer's performance
(a) in responding to an emergency call or alarm; or
(b) in apprehending an actual or suspected violator of the law; or
(c) in attempting to detect criminal activity;
and the peace officer is proceeding at a speed of no more than 20 kilometres per hour and with due regard for the safety of other persons using the highway.
Lamps to be lighted during operation
35(12) Notwithstanding subsection (11), the headlamps on a motorcycle of the model year 1975 or later and the lamps required on a moped or mobility vehicle under clause (1)(d) shall be lighted at all times when the motorcycle, moped or mobility vehicle, as the case may be, is being operated on a highway.
35(13) The owner of every vehicle that is at any time upon a highway shall cause it to be equipped as required under this section.
35(14) Every piece of equipment being towed by a motor vehicle on a highway, other than on a portion of a highway to which subsection 77(7) applies, or, if more than one piece of equipment is being so towed, the rearmost of them, if it is being towed at a time when, under subsection (11), lamps on vehicles are required to be lighted, shall carry at the back thereof
(a) at least one lighted lamp, which or each of which shall cast a red light clearly visible under normal atmospheric conditions from a distance of 150 metres; and
(b) a "stop" signal lamp as described in clause (1)(b);
but clause (1)(j) does not apply to a piece of equipment to which this subsection applies.
Lamps on repair and escort motor vehicles
35(15) Notwithstanding subsection 38(1), a motor vehicle that is used
(a) by a repairer or a person engaged in the business of towing vehicles, or in connection with the repair or removal of damaged or disabled vehicles; or
(b) to escort oversized vehicles or loads as required by a permit issued therefor under the regulations;
shall be equipped with at least one lamp on its top that is capable of emitting an amber or a yellow light and that has a flashing or oscillating beam clearly visible under normal atmospheric conditions, when illuminated, from all directions for a distance of 150 metres, and, where the motor vehicle is being operated on a highway at a speed in excess of 80 kilometres an hour, clearly visible under normal atmospheric conditions, when illuminated, from all directions for a distance of one kilometre.
Lamps required to be illuminated
35(15.1) The driver of a motor vehicle requiring a lamp under subsection (15) shall illuminate the lamp and keep it illuminated at all times while
(a) towing, loading or unloading damaged or disabled vehicles for the purposes of clause (15)(a); or
(b) escorting oversized vehicles or loads in accordance with clause (15)(b);
as the case may be.
Lamps on special mobile vehicles
35(16) A special mobile machine or other vehicle owned or operated by the government or a municipality and being used in snow removal operations shall be equipped with one or more lamps
(a) which, if there is only one, shall show a blue or amber light; and
(b) some of which, if there are two or more, shall show a blue light and some of which shall show an amber light;
and the lamps, in either case, shall have a flashing or oscillating beam and shall be of such size, candle power, and design as may be approved by the traffic board.
Lamps on special government or municipal vehicles
35(17) A special mobile machine or other vehicle owned or operated by the government or a municipality and being used in the maintenance or construction of roads or the collection of refuse may be equipped with a lamp or lamps which show an amber light, and the lamp or lamps shall have a flashing or oscillating beam and shall be of such size, candle power, and design as may be approved by the traffic board.
35(18) A truck registered as a farm truck may be equipped with an amber oscillating lamp.
S.M. 1989-90, c. 56, s. 9; S.M. 1991-92, c. 25, s. 25 to 29; S.M. 1996, c. 19, s. 4.
Lighting equipment on newer type of vehicles
36(1) Every motor vehicle upon a highway at any time when under subsection 35(11), lamps on vehicles are required to be lighted may carry in a conspicuous position such lighted headlamps as are in this subsection required instead of the headlamps required under section 35, and shall also carry such other lamps as are required in this subsection:
(a) Each motor vehicle to which this subsection applies shall carry at least two, but not more than four, headlamps an equal number of which shall be on each side of the front of the vehicle.
(b) Each of the headlamps required under clause (a) shall be so constructed that it conforms to clause (c) and casts a white light only, clearly visible under normal atmospheric conditions at a distance of 150 metres in front of the vehicle.
(c) Each of the headlamps required under clause (a) shall be so constructed that
(i) there shall be an upper most distribution of light or composite beam (hereinafter called "the high beam"), so aimed, and of such intensity, as to reveal, under normal atmospheric conditions, persons and vehicles at a distance of 110 metres ahead under any condition of loading of the motor vehicle, and
(ii) there shall be a lower most distribution of light or composite beam (hereinafter called "the low beam"),
(A) so aimed, and of such intensity, as to reveal, under normal atmospheric conditions, persons and vehicles at a distance of 30 metres ahead under any condition of loading of the motor vehicle, and
(B) so placed that, on a straight level road and under any condition of loading of the motor vehicle, not any of the high intensity portion of the low beam strikes the eyes of the driver of an approaching vehicle.
(d) In every case the headlamps required, or permitted, under this section shall comply with any standards or specifications prescribed under the regulations, or prescribed under regulations made under the Motor Vehicle Safety Act (Canada), as those regulations are heretofore or hereafter amended from time to time.
36(2) Every motor vehicle equipped as provided in subsection (1) other than a motorcycle shall also be equipped with an electric beam indicator
(a) so contrived that it is automatically illuminated when the high beam is in use and at no other time; and
(b) so placed on the inside of the vehicle that when it is illuminated it is clearly visible, without glare, to the driver thereof.
Intensity of headlamp of moped or mobility vehicle
36(3) Notwithstanding clause (1)(c)or subsection 35(3), every moped or mobility vehicle shall be equipped with one headlamp of such intensity, and so aimed as to reveal, under normal atmospheric conditions, persons and vehicles within a distance of 30 metres ahead, under any conditions of loading of the moped.
MAXIMUM LIGHTING EQUIPMENT PERMITTED
37(1) A motor vehicle to which clause 35(1)(a) applies may carry, in addition to the lamps required by that clause, on each side of the front of the vehicle a lamp of not more than four candle power of the type commonly known as "a parking lamp".
37(2) A vehicle, when standing upon a highway at a time when, under subsection 35(11), lamps thereon are required to be lighted may, in lieu of the lighted lamps required, under section 35, to be displayed, carry a lighted lamp or lamps on the left side of the vehicle, of such a kind and so constructed that the light cast thereby
(a) is clearly visible, under normal atmospheric conditions, from in front of and behind the vehicle at a distance of 150 metres therefrom; and
(b) is white, amber, or green only in colour when seen from in front of the vehicle and red only in colour when seen from behind the vehicle.
Strength of lamps under subsec. (2)
37(3) A lamp to which reference is made in subsection (2) shall not be of more than four candle power; and, in the case of a motor vehicle, shall not be displayed while the vehicle is in motion.
37(4) A motor vehicle may be equipped with one stationary lamp of the kind commonly known as a ditch lamp which
(a) shall be fixed on the right side of the front of the vehicle so that no part thereof is higher than the lowest part of the headlamps; and
(b) when the motor vehicle is being driven upon a highway shall be adjusted so that
(i) the rays of light from the lamp are directed to the extreme right of the roadway, and
(ii) no beam of light therefrom strikes that portion of roadway more than 25 metres ahead of the vehicle.
37(5) Any motor vehicle may carry turning signal lamps.
37(6) A motor vehicle may be equipped with lighting equipment prohibited under subsection 38(1) if the owner thereof has, upon written application, obtained from the registrar a permit for the purpose specifying the lighting equipment authorized thereby, and stating the conditions, if any, under which it may be used; but the registrar may issue the permit only if, in his absolute discretion, he is satisfied
(a) that the circumstances in which the lighting equipment applied for is required are of such a special and unusual character that it is not in the public interest to refuse to issue the permit; and
(b) that the owner of the vehicle will use the lighting equipment, or cause it to be used, with due regard to the public safety.
Special lighting for construction and repair vehicles
37(7) A motor vehicle
(a) that is used for construction of or making repairs to public utilities as defined in The Public Utilities Board Act; or
(b) that is used in emergency situations or under conditions that create a hazard to other persons;
may be equipped with lighting equipment prohibited under subsection 38(1) if the owner thereof has, upon a written application, obtained from the registrar a permit for the purpose specifying the lighting equipment authorized thereby and stating the conditions, if any, under which it may be used; but the registrar shall not issue under this subsection a permit for the use of lighting equipment that casts a red light.
37(8) Subject to subsection (14) every school bus, and motor vehicle used as a school bus, shall be equipped with
(a) a 4 flashing lamp system casting a red light, 2 of which shall be placed as near the front as practicable and facing toward the front and 2 of which shall be placed as near the rear as practicable and facing toward the rear; or
(b) an 8 lamp warning system consisting of
(i) 4 flashing lamps casting an amber light, 2 of which shall be placed as near the front as practicable and facing toward the front, and 2 of which shall be placed as near the rear as practicable, and facing toward the rear, and
(ii) 4 flashing lamps casting a red light, 2 of which shall be placed as near the front as practicable, and facing toward the front and 2 of which shall be placed as near the rear as practicable, and facing toward the rear.
When school bus lamp should not be lighted
37(9) Where a vehicle that is a school bus is not a school bus to which subsection 137(1) applies and is equipped with a lamp as provided in subsection (8), the lamp shall not be lighted or put into operation at any time when the vehicle is not in use as a school bus.
37(10) A motor vehicle may be equipped with lamps at the rear of the vehicle casting a white light, and that are automatically lighted when the gears are shifted so that the motor vehicle will move backwards when the power is applied.
37(11) Notwithstanding any other provision herein, but subject to subsection (12), a motor vehicle may be equipped with not more than two fog lamps of such type and design as may be approved by the traffic board, and
(a) that are fixed to the front of the motor vehicle so that no part thereof is higher than the headlamps or lower than 310 millimetres below the lowest part of the headlamps;
(b) that cast a light that is white or amber;
(c) that has an intensity of light of not more than thirty-two candle power; and
(d) the beam or beams of the light from which are so aimed and directed that no part of the main beam falls to the left of the centre of the roadway, and that at a distance of 8 metres from the fog lamp, no part of the main beam is higher than 110 millimetres below the level of the centre of the fog lamp.
37(12) The lamps to which reference is made in subsection (11) may be lighted on a highway
(a) alone; or
(b) in conjunction with headlamps, on low beam, required under section 35 or 36.
37(13) Notwithstanding any other provision herein except subsection (14), but subject to that subsection, a motor vehicle may carry at the front and back thereof four lamps,
(a) of which one is on each side of the front thereof and one is on each side of the back thereof;
(b) that are lighted intermittently or in flashes; and
(c) that are all so lighted simultaneously;
and any such lamp that is affixed to the back of the motor vehicle shall cast a red or amber light and any such lamp that is affixed to the front of the motor vehicle shall cast a white or amber light, except in the case of a school bus to which subsection 137(1) applies, in which case any such lamp that is affixed to the front of the school bus shall cast a red light.
When emergency lamps may be operated
37(14) The lamps to which subsection (13) applies shall not be lighted intermittently or put into a flashing operation except when the motor vehicle is coming to a stop or standing on a highway or travelling at a speed less than 40 kilometres per hour when it is necessary to do so for safe operation; and when the vehicle is again put in motion or resumes a speed in excess of 40 kilometres per hour the lamps shall no longer remain lighted intermittently or in flashes.
S.M. 1985-86, c. 12, s. 8; S.M. 1991-92, c. 25, s. 30; S.M. 1996, c. 26, s. 4.
LIGHTING EQUIPMENT PROHIBITED
38(1) Except as otherwise provided in this Act, the regulations or the Motor Vehicle Safety Act (Canada), or when authorized by permit under subsection 37(6) or (7), a motor vehicle on a highway shall not be equipped with
(a) more than five lamps of over four candle power (of which not more than four are headlamps) on the front of, or visible from in front of, the vehicle; or
(b) any search light or any lamp other than a stationary lamp; or
(c) any lamp
(i) that casts a light of a colour other than white, or
(ii) that lights intermittently or in flashes; or
(d) any lamp casting a light of over four mean spherical candle power unless it is so constructed, arranged, and adjusted, that no portion of the parallel beams of reflected light, when measured 25 metres or more ahead of the lamp, rises above 1.07 metres from the level surface on which the vehicle stands, as those heights are determined while the vehicle is fully loaded.
38(2) Subject to subsection 37(10), a vehicle other than highway construction or maintenance equipment being operated within an area in respect of which signs are erected under subsection 77(7), on a highway shall not carry and display a lamp casting a white light to the rear of the vehicle while it is moving forward.
38(3) to 38(5) Repealed, S.M. 1996, c. 26, s. 5.
S.M. 1985-86, c. 12, s. 9; S.M. 1987-88, c. 23, s. 7; S.M. 1996, c. 26, s. 5.
LIGHTING EQUIPMENT ON EMERGENCY VEHICLES
Vehicles used by police forces
38.1(1) An emergency vehicle that is used by a police force shall be equipped with at least one of the following:
(a) white alternating flashing headlamps;
(b) one or more rotating, oscillating, pulsating or flashing red or red and blue lamps, alone or in combination with a white rotating, oscillating, pulsating or flashing lamp;
(c) one or more amber lamps on the roof or rear of the vehicle that light intermittently or in flashes.
Vehicles used by fire departments etc.
38.1(2) An emergency vehicle that is used by a fire department, that is an authorized emergency vehicle or that is a vehicle used to respond to emergencies and operated under the authority of a government emergency organization shall be equipped with at least one of the following:
(a) white alternating flashing headlamps;
(b) one or more rotating, oscillating, pulsating or flashing red lamps, alone or in combination with a white rotating, oscillating, pulsating or flashing lamp;
(c) one or more amber lamps on the roof or on the rear of the vehicle that light intermittently or in flashes;
(d) one or more red lamps on the side or rear of the vehicle that light intermittently or in flashes.
Vehicle used by an ambulance service
38.1(3) An emergency vehicle that is a vehicle used by an ambulance service shall be equipped with at least one of the following:
(a) white alternating flashing headlamps;
(b) one or more rotating, oscillating, pulsating or flashing red or red and white lamps, alone or in combination with a white rotating, oscillating, pulsating or flashing lamp;
(c) one or more amber lamps on the roof or on the rear of the vehicle that light intermittently or in flashes;
(d) one or more red lamps on the side or rear of the vehicle that light intermittently or in flashes.
Lamp on roof of vehicle not ordinarily used for emergency purposes
38.1(4) An emergency vehicle that is a vehicle not ordinarily used for emergency purposes that is driven by a volunteer, part-time or on-call fire-fighter or emergency medical responder and is responding to a fire, medical or other emergency is permitted to be equipped with a red rotating, oscillating, pulsating or flashing lamp on the roof only while the vehicle is being used to respond to the emergency.
Lamp on dash of vehicle not ordinarily used for emergency purposes
38.1(5) An emergency vehicle that is a vehicle not ordinarily used for emergency purposes that is driven by a volunteer, part-time or on-call fire-fighter or emergency medical responder for the purpose of responding to a fire, medical or other emergency may be equipped with a red rotating, oscillating, pulsating or flashing lamp on the dash.
Lamp to be covered except during emergency response
38.1(6) When a vehicle described in subsection (5) is equipped with a red rotating, oscillating, pulsating or flashing lamp on the dash, the lamp shall be covered so as to obscure it except when the vehicle is driven by a volunteer, part-time or on-call fire-fighter or emergency medical responder while responding to a fire, medical or other emergency.
38.1(7) A vehicle owned by Manitoba Hydro, The Manitoba Telephone System or The City of Winnipeg that is equipped or designed for overhead wire construction or repair work may be equipped with one or more amber lamps that rotate, oscillate, pulsate, flash or light intermittently.
38.2 A vehicle described in subsection 38.1(1), (2), (3) or (7) may be equipped with one or more spot or flood lamps.
OTHER PROVISIONS RESPECTING LIGHTING EQUIPMENT
Compliance with conditions on permits
39(1) An owner who obtains a permit under subsection 37(6) or (7), and the driver of the motor vehicle in respect of which the permit is issued, shall each comply with any conditions stated on the permit by the registrar.
39(2) Clause 38(1)(d) does not apply to a motor vehicle equipped as provided in section 36.
39(3) The owner and the driver or the operator of a vehicle equipped contrary to section 35, 37 or 38 shall each be deemed to have violated section 35, 37 or 38, as the case may be.
Procedure where lamps defective
40(1) Where any public service vehicle or truck, the registered gross weight of which is in excess of 3,700 kilograms, is stopped on a highway outside a city, town, or village during the period when, under subsection 35(11), lighted lamps are required to be displayed on vehicles, and the lighting equipment required by this Act is disabled and the vehicle or truck cannot immediately be removed from the travelled portion of the highway, the driver or other person in charge of the vehicle or truck shall cause to be placed on the highway in the manner hereinafter provided,
(a) two lighted flares, lamps, or lanterns; or
(b) two reflectorized devices
(i) each reflector of which has a diameter of not less than 60 millimetres,
(ii) casting a red reflection, and
(iii) of a type and design approved by the traffic board.
40(2) One of the flares, lamps, lanterns, or reflectorized devices shall be placed at a distance of at least 60 metres in advance of the vehicle or truck, and the other shall be placed at a distance of at least 60 metres to the rear of the vehicle or truck, and where reflectorized devices are so placed, each of them shall be so placed as to be illuminated by the lights of any approaching vehicle.
Flares, etc., to be carried by p.s.v.'s and trucks
40(3) Every public service vehicle or truck the registered gross weight is in excess of 3,700 kilograms shall carry at all times and in good working condition, and the driver of the vehicle shall, on the request of a peace officer, produce the flares, lamps, lanterns, mentioned in clause (1)(a) or the reflectorized devices mentioned in clause (1)(b).
BRAKING EQUIPMENT
41(1) Subject as hereinafter in this section provided, every motor vehicle when upon a highway shall be equipped with brakes adequate to stop and to hold the motor vehicle and also any trailer or special mobile machine that is attached.
41(2) Every semi-trailer or trailer that forms part of, or is attached to, a semi-trailer truck, and every trailer that is attached to a motor vehicle and that has a gross weight in excess of 910 kilograms, when upon a highway shall be equipped with brakes adequate, when operated in combination with the brakes of the motor vehicle or semi-trailer to which it is attached, to stop and hold the semi-trailer truck, or the semi-trailer truck and trailer, or the motor vehicle and trailer, as the case may be, within the distances prescribed therefor in subsection (8).
Exemption for certain mounted sheds
41(3) Subsection (2) does not apply to trailers on which there is mounted a tool shed used by persons engaged in the construction of, or repairs to, highways or buildings and which is towed by a truck and only incidentally operated upon a highway.
Exemption for certain farm trailers
41(4) Subsection (2) does not apply to a farm trailer in respect of which the registrar has issued a permit authorizing its operation upon a highway without brakes as required under subsection (2); and the registrar may issue such a permit to the owner of a farm trailer, and may make the permit subject to such conditions as he thinks necessary to ensure the safety of the public, and any person using a farm trailer in respect of which a permit has been issued under this subsection shall comply with those conditions.
41(5) Subject to subsection (6), the brakes on a motor vehicle, other than a tractor, shall have two separate means of application, each of which means shall be effective to apply brakes to at least two wheels on the same axle; but where the brakes on a motor vehicle are applied through separate methods of application or operation to the same brake drum or set of brake drums, the vehicle shall not, by reason only of that fact, be deemed to be equipped contrary to this section.
Separate application of brakes
41(6) The brakes on each motor vehicle, that is, or has been advertised to be, a motor vehicle of the model or make of the year 1968 or of a subsequent year, other than a tractor, shall have two separate means of application, each of which means shall be effective to apply brakes to at least two wheels on each axle of the motor vehicle; but where the brakes on a motor vehicle are applied through separate methods of application or operation to the same brake drum or set of brake drums, the vehicle shall not, by reason only of that fact, be deemed to be equipped contrary to this section.
Front and rear brakes required
41(7) Notwithstanding subsections (5) and (6), every moped or mobility vehicle shall be equipped with brakes operating on both the front and rear wheels, each of which shall have a separate means of application.
41(8) The brakes of any vehicle or combination of vehicles shall be capable, on application thereof, at all times and under all conditions of loading, of stopping the vehicle or combination of vehicles on a dry, smooth, level road, free from loose material, when the vehicle or combination of vehicles is travelling at a speed of 30 kilometres an hour, within the distances hereinafter specified, for each of the following vehicles or combination of vehicles:
(a) A motor vehicle of the passenger car type:- 7.6 metres
(b) A motorcycle or moped:- 9 metres
(c) A single unit vehicle other than one of the passenger car type, having a gross weight of less than 4,540 kilograms, or any combination of vehicles having a similar gross weight:- 9 metres
(d) A single unit two-axle vehicle other than one of the passenger car type, having a gross weight of 4,540 kilograms or more, and a tractor or a tractor with trailer attached:- 12.2 metres
(e) All other vehicles, and all combinations of vehicles, having in any case a gross weight of 4,540 kilograms or more:- 15.3 metres.
Air brake system to be in accordance with regulations
41(9) A motor vehicle equipped with an air brake system shall comply with standards for air brake systems prescribed by regulation.
41(10) A standard for air brake systems prescribed under subsection (6), except to the extent that it requires air brake systems to be maintained in good repair, does not apply to an air brake system installed in a motor vehicle before the standard comes into force if the air brake system was at the time of its installation in compliance with a standard applicable to the system and in effect at that time.
MIRROR EQUIPMENT
42(1) Every motor vehicle and every school bus shall be equipped 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 of any vehicle approaching from the rear.
Rear view mirrors on trolley buses
42(2) Every trolley bus, bus, truck, and truck tractor, shall be 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 vehicle he is driving, and of any vehicle approaching from the rear.
TIRE EQUIPMENT
43(1) Subject to subsection (2) all wheels of every motor vehicle and every trailer, while driven on a highway, shall be pneumatic rubber tires in safe operating condition, and free from bulges, cracks or cuts which penetrate to the cord that might render the tire hazardous; and each tire shall have
(a) in the case of a motor vehicle other than a motorcycle, mobility vehicle or moped, at least 1.6 millimetres;
(b) in the case of a motorcycle, mobility vehicle or moped, at least .8 millimetres; and
(c) in the case of tires on the steering axle or axles of trucks with a registered gross weight rating of over 4536 kilograms, or buses, at least 3.2 millimetres;
of tread remaining when measured by a tire tread wear indicator device, at three points on the circumference of the tire.
43(2) Where the tires on the wheels of a motor vehicle or trailer are composed of solid rubber or some similar composition, there shall be at least 32 millimetres of rubber or some similar composition between the wheel rim and the road surface over the entire traction surface of the tire; and the vehicle shall not be driven on a highway with a tire that is so broken or defective as to cause damage to the highway.
Restrictions on protuberances on tires
43(3) Subject to subsections (4) and (5), no tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other protuberance of any material, other than rubber, that projects beyond the tread of the traction surface of the tire; but it is permissible to use tire chains of reasonable proportions upon a motor vehicle, where required for safety, or to use on dirt-surface roads only, tractors and implements of husbandry with tires having protuberances that will not injure the highway.
Regulations as to safety studs on tires
43(4) The Lieutenant Governor in Council may make regulations authorizing motor vehicles to be equipped, during such period in each year as is stated in the regulations, and on such of the wheels thereof as are specified in the regulations, with safety studded tires.
43(5) Notwithstanding subsection (3), where regulations are made under subsection (4), motor vehicles equipped as provided therein may be used on highways.
S.M. 1991-92, c. 25, s. 31.
WARNING DEVICE
44(1) Every motor vehicle while being driven on a highway shall be equipped with a horn in good working order and capable of emitting sound audible, under normal conditions, from a distance of not less than 60 metres and the horn shall be sounded whenever it is reasonably necessary.
44(2) Subject to subsection (3), no vehicle shall be equipped with a siren or any device that is capable of producing a sound that resembles that of a siren.
44(3) Subsection (2) does not apply to an emergency vehicle that is
(a) used by a police force;
(b) used by a fire department;
(c) used by an ambulance service;
(d) an authorized emergency vehicle; or
(e) a vehicle used to respond to emergencies and operated under the authority of a government emergency organization.
45(1) Every motor vehicle shall be equipped with a noise muffler in good working order which shall be in constant operation while the engine is running to prevent excessive or unusual noise; and no person shall equip a motor vehicle with, or use a motor vehicle equipped with, a muffler cut-out, straight exhaust, gutted muffler, hollywood muffler, by-pass, or any device which has the effect of by-passing or reducing the effectiveness of a noise muffler.
45(2) No contrivance for releasing, or preventing the operation of, the muffler shall be attached to the motor vehicle.
SPEEDOMETER
46(1) Every motor vehicle shall be equipped with a speedometer in good working condition, designed to show as nearly as possible the speed at which the motor vehicle is travelling.
46(2) Every motor vehicle other than a motorcycle, mobility vehicle, moped, tractor or snowmobile, shall be equipped with an odometer in good working order.
46(3) Except where necessary for the purpose of repairing an odometer or replacing a defective odometer that cannot be repaired, no person shall remove an odometer installed in a motor vehicle by the manufacturer, or that has been previously replaced, or tamper with or change the mileage shown by an odometer.
S.M. 1991-92, c. 25, s. 32.
47(1) The minister may appoint one or more qualified persons as testers of the speedometers on motor vehicles.
Effective tester's certificate
47(2) In any prosecution under this Act, a certificate purporting to be issued by a tester appointed under subsection (1), bearing a date thereon not more than thirty days before or after the date of an alleged offence charged in the information or complaint, signed by the tester, and stating therein the results of a test of the speedometer on the motor vehicle mentioned therein, is admissible in evidence as prima facie proof of the accuracy of the speedometer as stated in the certificate on the date of the alleged offence in the information or complaint.
Testing speedometer by other means
47(3) Notwithstanding subsections (1) and (2), the speedometer of a motor vehicle may be tested for accuracy by a speed timing device of a type approved under subsection 255(3) and which has been certified to be accurate by a peace officer who is present at the time and place where the accuracy of the speedometer was tested.
Effect of certificate by peace officer
47(4) In any prosecution under this Act, a certificate purporting to be issued and signed by a peace officer who certified the accuracy of the speed timing device used to test the accuracy of the speedometer on a motor vehicle, and who was present at the time and place where the speedometer was tested, bearing a date thereon not more than thirty days before or after the date of the alleged offence charged in the information or complaint, and stating therein the results of the test of the speedometer on the motor vehicle mentioned therein, is admissible, if the certificate is given by the peace officer other than the peace officer laying the information or complaint, in evidence as prima facie proof of the accuracy of the speedometer on the date of the alleged offence.
SPLASHGUARDS OR FENDERS
48 Every motor vehicle and every trailer, except a farm trailer, shall, when upon a highway, be equipped with splashguards or fenders adequate to reduce effectively the wheel spray or splash of water from the roadway to the rear thereof, unless adequate protection is afforded by the body of the motor vehicle or trailer or by a trailer drawn by the motor vehicle; and the splashguard shall comply with the standards prescribed therefor under the regulations.
BUMPERS
49(1) Every motor vehicle of the passenger car type shall be equipped with a bumper at the front and rear designed to minimize damage to the motor vehicle.
49(2) No manufacturer of motor vehicles of the passenger car type, and no distributor or dealer of motor vehicles of the passenger car type, shall sell, offer for sale, or have in his possession for sale, a motor vehicle of the passenger car type of the model or make of the year 1973, or of any subsequent year, unless the motor vehicle is equipped with an appropriate energy absorption system which complies with the standards prescribed therefor under the regulations.
49(3) Every person who contravenes or fails to comply with subsection (2) is guilty of an offence and
(a) where the person is not a manufacturer, is liable, on summary conviction, to a fine of not less than $200. and not more than $1,000., or to imprisonment for a term of not more than six months; and
(b) where the person is a manufacturer, to a fine of not less than $1,000. and not more than $5,000., or to imprisonment for a term of not more than one year.
49(4) In this section
"bumper" means a device designed to be affixed to the front and rear of a motor vehicle of the passenger car type and capable of preventing or minimizing the damage to other parts of the motor vehicle; (« pare-chocs »)
"motor vehicle of the passenger car type" means a four wheeled motor vehicle designed and used to carry six or fewer passengers. (« véhicule automobile de type voiture de tourisme »)
PROPELLOR GUARDS ON SNOWMOBILES
50 Every snow vehicle of the type required to be registered under The Drivers and Vehicles Act and propelled by a propellor shall be equipped with a guard surrounding the propellor composed of a frame and netting adequate to prevent persons from injury by reason of contact with the propellor.
S.M. 2005, c. 37, Sch. B, s. 24.
51(1) Every motorcycle shall be equipped with handlebars,
(a) the width of which is not more than 920 millimetres, and not less than 530 millimetres; and
(b) the height of the handlegrips and controls of which is not more than 390 millimetres above that portion of the seat occupied by the operator while occupied and depressed by his weight.
51(2) No motorcycle shall have a front fork longer than 820 millimetres measured from the lowest point of the lower triple tree to the centre of the axle, and, where a motorcycle is equipped with hydraulic front forks, any extension of the front forks shall be of one piece construction.
51(3) No person shall alter the steering neck angle of the front frame of a motorcycle, by cutting and re-welding or otherwise, from the original form and dimensions of the steering neck angle of the front fork as supplied by the manufacturer to the first purchaser of the motorcycle.
GLASS IN WINDOWS
52(1) This section applies only to a motor vehicle that is, or has been advertised to be, a motor vehicle of a model or make of the year, 1952, or of a subsequent year; and, in subsections (2) and (3)
(a) the expression "glass" refers to glass in the doors, windows, side wings, or windshield, of a motor vehicle, but does not refer to the glass in frost shields or in storm windows installed on the outside of a bus; (« vitre ») and
(b) the expression "safety glass" means a product composed of glass so manufactured, fabricated, or treated, as substantially to prevent shattering and flying of the glass when struck or broken. (« vitre de sécurité »)
52(2) No manufacturer of motor vehicles and no dealer, and no agent or employee of any such manufacturer or dealer, shall sell a motor vehicle unless the glass with which the motor vehicle is equipped at the time of sale is safety glass.
52(3) No person shall
(a) newly equip a motor vehicle with, or cause a motor vehicle to be newly equipped with, glass; or
(b) newly install glass in, or cause glass to be installed in, a motor vehicle; or
(c) own, or have possession of, or register under The Drivers and Vehicles Act, a motor vehicle that has been newly equipped with glass, or in which glass has been newly installed;
in replacement of the glass with which the motor vehicle was formerly equipped or that was formerly installed therein, unless the glass with which the motor vehicle is newly equipped or that is newly installed therein, is safety glass.
S.M. 2005, c. 37, Sch. B, s. 25.
53 Every motor vehicle, except a motorcycle or a moped, shall be equipped with a windshield which will afford the driver a clear and unobstructed view.
Spray tints on windshields prohibited
54(1) Subject to subsection (2), no person shall operate on a highway a motor vehicle
(a) the windshield of which; or
(b) any part of the windshield of which;
is sprayed or coated with any substance which reduces the amount of light that is capable of being transmitted through the windshield.
54(2) Subsection (1) does not apply in the case of a motor vehicle that has been equipped with a tinted windshield that was tinted during the manufacture of the glass.
NAME ON MOTOR VEHICLES
55(1) Subject to Part VIII, every truck the registered gross vehicle weight of which exceeds 6,400 kilograms shall have displayed on both sides thereof, in a conspicuous place and manner, the name and address of the registered owner thereof.
55(2) Subsection (1) does not apply to a truck to which Part VIII of the Act does not apply and on both sides of which there is displayed, in a conspicuous place and manner, a distinctive sign, symbol, emblem or writing that readily identifies the owner thereof.
S.M. 1986-87, c. 14, s. 10.
PARTITIONS IN LIVESTOCK TRUCKS
56 When in use for the transportation of livestock, a truck shall be equipped with partitions adequate to separate different species, kinds, classes, types, or sizes of livestock and the partitions shall be used for that purpose whenever the truck is transporting livestock of different species, kinds, classes, types or sizes.
OBSTRUCTION OF VIEW
57(1) Every windshield on a motor vehicle being driven on a highway shall be equipped with a device in good working order for clearing rain, snow, or other moisture therefrom; and the device shall be so constructed as to be controlled or operated by the driver of the vehicle, and shall be kept in operation whenever necessary.
57(2) The windshield, rear windows, and windows at both sides of the driver's seat, of every motor vehicle at all times between the first day of November in each year and the thirty-first day of March next following, both dates inclusive, shall be equipped with adequate frost shields of a sizeand type that will prevent or minimize the condensation thereon of moisture in the atmosphere and allow the driver to have a view sufficiently clear and unobstructed to permit him to operate the vehicle with safety to other persons and vehicles on the highway, unless the vehicle is otherwise so equipped or constructed as to secure a like result.
Clear view for driver required
57(3) Every vehicle driven upon a highway shall be so constructed and equipped that nothing in the construction or equipment thereof prevents the driver, while seated in the driver's seat thereof, from having a clear and unobstructed forward view through an arc of 180 degrees measured from the line of the back of the driver's seat.
57(4) Every motor vehicle of a model or make of the year 1971 or of a subsequent year, except a motorcycle or a moped, shall be equipped with a windshield washer in good working order, except by reason of absence of water or other windshield washing fluids.
Permit for certain obstructions of view
58 Notwithstanding subsections 182(4) and 57(3), a motor vehicle may be equipped in a manner forbidden by either or both of those provisions if the owner thereof has, upon written application, obtained from the registrar a permit for the purpose, specifying the equipment authorized thereby; but the registrar may issue the permit only if, in his absolute discretion, he is satisfied
(a) that the circumstances in which the equipment for which a permit is applied for is required are of such a special and unusual character that it is not in the public interest to refuse to issue the permit; and
(b) that the owner of the vehicle will use the equipment, or cause it to be used, with due regard to the public safety.
EQUIPMENT, GENERAL PROVISIONS
Standards required for equipment
59(1) The lamps, brakes, mirrors, tires, horn, or other warning device, windshield wipers, frost shields, and other devices with which a motor vehicle is, or is herein required to be, equipped
(a) repealed, S.M. 1997, c. 37, s. 16;
(b) shall be of kinds that conform to standards prescribed in the regulations; or
(c) if not of a kind to which clause (b) applies, shall be adequate for the purpose for which they are to be used, or of such a kind as is authorized or permitted by this Act.
59(2) No person shall alter a motor vehicle so as to raise or lower the suspension system of the motor vehicle higher or lower than the height of the motor vehicle at the time of its manufacture; and no person shall drive a motor vehicle on the highway if the suspension system thereof has been raised or lowered so that the height of the motor vehicle is higher or lower than its height at the time of its manufacture.
59(3) Subsection (2) does not prohibit the raising or lowering of the suspension system
(a) of a motorcycle, mobility vehicle, truck or a moped; or
(b) the raising or lowering of the suspension system of a motor vehicle by reason only of
(i) the load being carried by the motor vehicle, or
(ii) the substitution of new or overload springs, or
(iii) the substitution of new shock absorbers, or
(iv) any other minor adjustment to the suspension system.
60 The equipment to which section 59 refers shall at all times when the vehicle is on a highway be in good working order.
61(1) Repealed, S.M. 1988-89, c. 14, s. 5.
Securing of loads on motor vehicles and trailers
61(2) No person shall operate, or permit to be operated, upon a highway any motor vehicle or trailer unless the load that the motor vehicle or trailer is carrying is firmly bound, sufficiently covered, or otherwise secured or loaded, in such a manner that no portion of the load may become dislodged or fall from the motor vehicle or trailer.
Where load not required to be covered
61(3) Notwithstanding subsection (2) where the loose material of a load consists of snow, earth or mud the load is not required to be covered by a tarpaulin.
Regulations for securing loads
61(4) The Lieutenant Governor in Council may make regulations prescribing the manner of loading, covering and securing loads carried by vehicles operated on highways according to class of vehicles and type of highways.
61(5) Where the load of a vehicle consists of two widths of cordwood it shall be so placed thereon that the ends of the cordwood at the outside are at least 80 millimetres higher than the ends of the cordwood at the centre of the vehicle.
Cordwood loads to be properly secured
61(6) Where the load of a vehicle consists of cordwood or pulpwood that is not completely within a box or other enclosure, the driver or person in charge of the vehicle shall secure the load in such manner as to prevent any part of the load from slipping or rolling off the vehicle.
61(7) The tail-gate of every truck being driven on a highway shall be closed and fastened, except where the truck is carrying an article of such length that it cannot conveniently be carried thereon unless the tail-gate is open.
S.M. 1988-89, c. 14, s. 5.
TRAILER CONNECTIONS
62(1) No person shall drive a motor vehicle, self-propelled implement of husbandry or farm tractor upon a highway drawing or towing a trailer, implement of husbandry or special mobile machine unless
(a) the towed vehicle is connected to the towing vehicle, other than a truck tractor, by a drawbar;
(b) the drawbar and its mode of attachment is of sufficient strength to draw or tow the towed vehicle and its load with a sufficient margin of safety to withstand the ordinary shocks and stresses occasioned by use on the highways;
(c) subject to subsection (3), the drawbar is so constructed and connected that the front of the body of the towed vehicle is not more than 5 metres from the rear of the towing vehicle;
(d) the attachment for connecting the drawbar of the towed vehicle to the towing vehicle, except the drawbar of a towed vehicle which has a gross vehicle weight not exceeding 900 kg is securely affixed to the frame of the towing vehicle;
(e) the coupling connection of the drawbar to the towing vehicle is so secured that it cannot become disconnected by jarring, vibration, or dropping, or become disengaged in any way other than by deliberate manual effort or manipulation;
(f) the drawbar and connection are adequate to prevent the towed vehicle from swaying, whipping, or weaving on the highway; and
(g) in addition to the primary coupling connection between the towing vehicle, other than a truck tractor, and the towed vehicle there is an additional safety chain or cable that
(i) prevents complete disconnection of the towed vehicle from the towing vehicle in the event of accidental disconnection of the primary coupling connection, and
(ii) prevents the drawbar from dropping to the ground in the event that the primary coupling device becomes disconnected and the additional safety chain or cable shall not be fastened or connected to the ball, socket, eye, hook or any other fastener common to the primary coupling connection.
Connections and equipment of second trailer
62(2) Where a trailer is attached to a semi-trailer truck or to another trailer
(a) it shall be connected to the vehicle to which it is attached in the manner prescribed in subsection (1) for the connection of trailers to motor vehicles; and
(b) it and the vehicle to which it is attached or that is towing it shall be equipped as required in this Part.
Where cl. (1)(c) not applicable
62(3) Clause (1)(c) does not apply in the case of a trailer used for carrying poles, piling, contractor's equipment, road maintenance machinery, or trailers or equipment owned or used by the government or a municipality for its purposes.
S.M. 1989-90, c. 56, s. 10.
TOWING AND PUSHING
63(1) No motor vehicle shall be towed upon a highway unless there is a driver therein, or unless it is equipped with an adequate towing device which compels it to remain in the course of the vehicle by which it is being towed.
Distance between vehicle towed and towing vehicle
63(2) The distance between a vehicle being towed on a highway and the vehicle towing it shall not exceed 5 metres.
Pushing of motor vehicles in urban areas
64(1) No motor vehicle on a highway in any city, town, or village
(a) shall be pushed from behind by another vehicle unless there is a driver in the vehicle being pushed; or
(b) shall be pushed across, through, or in, an intersection except where the engine thereof is disabled.
Exception for vehicle with disabled engine
64(2) In a case coming within the exception mentioned in clause (1)(b), the motor vehicle shall not be so pushed for a distance greater than is necessary to remove it from the intersection and to park it in a place where it will not obstruct traffic.
INSPECTION OF EQUIPMENT
65(1) A peace officer may at any time stop and inspect or cause to be inspected any equipment on a vehicle or bicycle on a highway, and may, if the equipment or any part thereof does not comply with this Act or with the regulations, require that the driver or operator thereof have, and the driver or operator shall proceed forthwith to have, the equipment made to comply therewith.
65(2) The driver or operator of a vehicle or bicycle the equipment of which is being inspected by a peace officer as provided in subsection (1) shall render such reasonable assistance, and provide such reasonable information, as the peace officer may require.
Removal of unsafe vehicle on order of peace officer
66(1) Where a vehicle is, in the opinion of a peace officer, in such a condition that it cannot safely be driven on a highway, the peace officer may require the owner or the driver to remove it, or cause it to be removed, from the highway, either under its own power or by being towed or carried or otherwise removed, as the peace officer may direct; and the owner or driver, as the case may be, shall comply with the requisition of the peace officer.
Removal by peace officer of unsafe vehicle
66(2) Where the owner or driver of a vehicle does not, within a reasonable time, comply with the requisition of a peace officer made under subsection (1), the peace officer may cause the vehicle to be removed from the highway and to be taken to, and stored in, a suitable place; and all costs and charges for the removal, care, or storage, of the vehicle shall be a lien thereon and may be enforced in the manner provided in The Garage Keepers Act.
67 Repealed, S.M. 1988-89, c. 14, s. 5.
S.M. 1988-89, c. 14, s. 5.
WEIGHT RESTRICTIONS
68(1) In this section
"class A highway" means any highway under jurisdiction of The City of Winnipeg and any highway that is designated as such
(a) by order of the Lieutenant Governor in Council, in the case of a provincial trunk highway, a provincial road, or a highway in unorganized territory, or
(b) by by-law of the council of the municipality that is the traffic authority in respect thereof; (« route de catégorie A »)
"class A1 highway" means a provincial trunk highway, unless otherwise classified by order of the Lieutenant Governor in Council, and any highway that is designated as such
(a) by order of the Lieutenant Governor in Council, in the case of a provincial road, or a highway in unorganized territory, or
(b) by by-law of the council of The City of Winnipeg, or the municipality that is the traffic authority in respect thereof; (« route de catégorie A1 »)
"class B highway" means any highway in a municipality other than The City of Winnipeg, that is not a provincial trunk highway or a provincial road, and any highway in unorganized territory and any highway that is designated as such
(a) by order of the Lieutenant Governor in Council, in the case of a provincial trunk highway or a provincial road, or
(b) by by-law of the council of a municipality that is the traffic authority in respect thereof to repeal a by-law made before the 21st day of November 1966 that then classified its highways as class B which, subject to subsection (11) are now deemed to be class C; (« route de catégorie B »)
"class B1 highway" means a provincial road, unless otherwise classified by the Lieutenant Governor in Council, and any highway that is designated as such
(a) by order of the Lieutenant Governor in Council, in the case of a provincial trunk highway, or a highway in unorganized territory, or
(b) by by-law of the council of The City of Winnipeg, or the municipality that is the traffic authority in respect thereof; (« route de catégorie B1 »)
"class C highway" means subject to subsection (11), any highway in a municipality that is classified as a class B highway by a by-law before the 21st day of November, 1966 and any highway that is designated as such
(a) by order of the Lieutenant Governor in Council, in the case of a provincial trunk highway, a provincial road, or a highway in unorganized territory, or
(b) by by-law of the council of a municipality that is the traffic authority in respect thereof, except for The City of Winnipeg; (« route de catégorie C »)
"provincial road" means a highway that is a provincial road within the meaning of The Highways and Transportation Act; (« route provinciale secondaire »)
"provincial trunk highway" means a highway that is a provincial trunk highway within the meaning of The Highways and Transportation Act; (« route provinciale à grande circulation »)
68(2) For the purposes of this section a person shall be conclusively deemed to have caused or permitted a vehicle to be driven or moved if the vehicle is driven or moved by another person who
(a) is the employee or agent of the person first mentioned; and
(b) while driving or moving the vehicle, is acting within the general scope of his employment.
68(3) The Lieutenant Governor in Council may make regulations respecting the vehicles or classes of vehicles or combination of vehicles operating on highways or classes of highways or industrial roads or subdivisions of industrial roads, and without limiting the generality of the foregoing,
(a) prescribing permissible width, height and length, projections and overhangs of and from loads;
(b) providing permissible gross vehicle weights and axle loadings, weights of tires, axles or wheels, numbers of axles or wheels, spacings of axles, weights on axle groups and weights according to wheelbase for any class of vehicles or combination of vehicles and the method of determining wheelbase;
(c) respecting the standards for signs and equipment and types of oversize or overloaded vehicles with respect to which pilot or escort vehicles are, as a term of a permit under section 87, required to be used;
(d) respecting the weighing of vehicles and the furnishing of satisfactory evidence of weight;
(e) prescribing means of vehicle identification to be used in addition to number plates;
(f) subdividing or establishing a class of highways and designating a highway as within the subdivision or class; and
(g) exempting vehicles or classes of vehicles from regulations made under this subsection.
68(3.1) The regulation entitled "Vehicle Weights and Dimensions on Classes of Highway Regulation" made by the Lieutenant Governor in Council on December 14, 1988 is validated and is deemed to have been lawfully made on December 14, 1988.
Breach of weights and dimensions regulations
68(4) Except under the authority of a permit issued under section 87, no person shall operate or move, or permit or cause to be operated or moved, a vehicle or combination of vehicles on or over any class of highway or part thereof, or on or over an industrial road or part or subdivision thereof, in contravention of the regulations respecting
(a) permissible width, height and length of vehicles or classes of vehicles, and projections and overhangs of and from loads;
(b) permissible gross vehicle weights and axle loadings, weights of any tire, axles or wheels, number of axles or wheels, spacings of axles, the weights on axle groups and weights according to wheelbase for any class of vehicles or combination of vehicles; or
(c) the standards for signs and equipment and types of oversize or overloaded vehicles with respect to which pilot or escort vehicles are, as a term of a permit under section 87, to be used.
68(5) and (6) Repealed, S.M. 1988-89, c. 14, s. 6.
Classification by municipality
68(7) With the approval of the traffic board, the council of any municipality may classify any highway with respect to which it is the traffic authority to any highway classification, except in the case of The City of Winnipeg which may classify highways with respect to which it is the traffic authority as being a class A1, class A, or B1 highway.
68(8) The Lieutenant Governor in Council may, by order in council, reclassify any highway with respect to which the minister is the traffic authority.
68(9) Repealed, S.M. 2004, c. 30, s. 4.
Repealed, S.M. 1988-89, c. 14, s. 6.
68(11) Where, under this section, the classification of a highway is changed so that the permissible weight of vehicles that may be driven or moved thereon is lower, the relevant traffic authority shall cause to be erected in conspicuous places on the highway, traffic control devices adequate to indicate to all persons concerned the weight restrictions applicable to the highway as a result of the change in the classification.
Former class B highways reclassified
68(12) Where, immediately before the twenty-first day of November, 1966, any highway was, under The Highway Traffic Act then in force, classified as a class B highway, that highway shall be deemed to be a class C highway as defined in subsection (1); and the relevant traffic authority shall cause to be erected traffic control devices as in a case to which subsection (11) applies.
Offence: excess weight less than 2,000 kg
68(13) A person is guilty of an offence if, by an excess weight less than 2,000 kg, the person contravenes or fails to comply with
(a) a provision of this section respecting vehicle or axle maximum gross weight or a provision respecting vehicle or axle maximum gross weight of a regulation made under this section; or
(b) a condition respecting vehicle or axle maximum gross weight of a permit issued under section 87.
Offence: excess weight of 2,000 kg or more
68(13.1) A person is guilty of an offence if, by an excess weight of 2,000 kg or more, the person contravenes or fails to comply with
(a) a provision of this section respecting vehicle or axle maximum gross weight or a provision respecting vehicle or axle maximum gross weight of a regulation made under this section; or
(b) a condition respecting vehicle or axle maximum gross weight of a permit issued under section 87.
68(13.2) A person who commits an offence under subsection (13) or (13.1) is liable on summary conviction to a fine of $13.20 for each 50 kg, or portion of such a weight, by which the actual gross weight of the vehicle, a single axle or an axle group exceeds the maximum gross weight prescribed or permitted by the provision or condition.
68(14) In calculating a fine for an offence under clause (13)(a) or (13.1)(a),
(a) where the evidence proving the gross weight of the vehicle was obtained from portable scales of a type approved for the purpose by the minister, no account shall be taken of 500 kilograms or 5 % of the maximum gross weight prescribed in the Act, regulations or restriction, whichever is the lesser; and
(b) where the evidence proving the maximum gross weight of the vehicle was obtained by a scale certified by a tester appointed under subsection 73(1), no account shall be taken of 500 kilograms or two per cent of the maximum gross weight prescribed in the Act, regulation, by-law or restriction, whichever is the lesser.
Repealed, S.M. 1988-89, c. 14, s. 6.
S.M. 1986-87, c. 14, s. 11 to 16; S.M. 1988-89, c. 14, s. 6; S.M. 2000, c. 35, s. 50; S.M. 2001, c. 19, s. 13; S.M. 2002, c. 40, s. 4; S.M. 2004, c. 8, s. 6; S.M. 2004, c. 30, s. 4; S.M. 2008, c. 3, s. 14.
Tractors on bridges and culverts
69(1) Before a tractor is driven across a bridge or culvert on the highway, the bridge or culvert shall be strengthened and shall be kept in repair by the owner of the tractor or, if more than one belonging to different owners, by those owners; but this subsection does not apply to tractors less than 9,000 kilograms in weight used for farming, threshing, or road construction purposes.
Surface of bridge to be protected when tractors crossing
69(2) A person driving a tractor on a highway before crossing any bridge or culvert shall lay down on the bridge or culvert planks of sufficient width and thickness to protect fully the flooring or surface of the bridge or culvert from injury.
Liability for damage by overweight motor vehicles
70 Where a person operates, or causes to be operated, upon a highway a motor vehicle in excess of the weight permitted by this Act or the regulations, and the vehicle causes damage to the highway or any part thereof, the owner and operator are jointly and severally liable to the traffic authority for the damage.
S.M. 1988-89, c. 14, s. 7.
Prohibition of certain classes of vehicles
71(1) Where, at any time, conditions arise whereby, in the opinion of the minister, a highway is or is likely to be damaged by the operation of any class of vehicle, he may order an immediate discontinuance of the operation until such time as he permits it to be renewed.
71(2) Repealed, S.M. 2002, c. 40, s. 5.
S.M. 2001, c. 43, s. 44; S.M. 2002, c. 40, s. 5.
Weighing of vehicles on order of peace officer
72(1) A peace officer may at any time stop and weigh, or cause to be weighed, any vehicle or any vehicle and load, on a highway; and, for that purpose, he may require that the vehicle be driven to any scale capable of weighing the vehicle and its load and which is available for use at the time of the demand made by the peace officer.
Evidence of weight ascertained by portable scale
72(2) Notwithstanding subsections (1) and (9) and clause (10)(b), in a prosecution for a violation of section 68 or an offence under subsection 86(5.5), where a peace officer has purportedly signed a certificate certifying
(a) that by the use of a portable scale of a type approved for the purpose by the minister, he weighed a vehicle and load;
(b) that he determined the gross weight transferred to the road through any point or points of contact with the road; and
(c) the gross weight of the vehicle and its load;
the certificate is, subject to subsection (4), conclusive evidence of the weight specified therein without proof of the appointment, authority or signature of the person by whom the certificate was signed.
72(3) Where a vehicle and its load is weighed using a portable scale of a type approved for the purpose by the minister, the peace officer weighing the vehicle and the load shall advise the person in charge of the vehicle that, in lieu of having weight determined with that scale, the person in charge of the vehicle may take the vehicle and its load, forthwith, to another scale capable of weighing the vehicle and its load and certified by a tester appointed under subsection 73(1); and the peace officer may take such steps as he considers necessary to insure that no alteration in the weight of the vehicle or its load occurs during the transit to the other scale.
Limitation on certificate under subsection (2)
72(4) Where the person in charge of a vehicle takes a vehicle and its load to a scale in accordance with subsection (3) and has the vehicle and its load weighed thereat, the certificate signed pursuant to subsection (2) is not evidence of the weight of the vehicle and its load.
Prohibition against dumping in transit
72(5) Where a person in charge of a vehicle takes the vehicle and its load to a scale in accordance with subsection (2) for the purpose of weighing the vehicle and its load on the scale, he shall not between the time that the vehicle is weighed as mentioned in subsection (2) and the time that it is weighed at the other scale under subsection (3), dump or vary the load on the vehicle.
72(6) The peace officer may require a driver to unload immediately such portion of the load as may be necessary to decrease the gross weight of the vehicle or the gross weight of a single axle or axle group, to the maximum therefor specified in this Act or the regulations.
72(7) Where part of the load of a vehicle has been unloaded as required by a peace officer and is not removed forthwith by or on behalf of the owner thereof, the minister may cause the goods so unloaded to be removed and stored at the expense of the owner; and the cost of the removal and storage shall be a debt due from the owner to Her Majesty and may be recovered by action in any court of competent jurisdiction.
72(8) Where goods have been stored, as provided in subsection (7), for three months or more, the minister may cause them to be sold; and the proceeds of any such sale are the property of, and are hereby vested in, Her Majesty and shall be paid into the Consolidated Fund as public moneys; but if the proceeds of the sale are less than the cost of the storage of the goods, the minister may recover the deficiency by action as provided in subsection (7).
Detention of vehicle temporarily
72(9) Where the nearest available scales are closed for the night the vehicle may be detained by the peace officer until the re-opening of the scales on the following morning.
Compliance with orders of peace officer
72(10) Every person shall
(a) stop his vehicle when required so to do by a signal from a peace officer under subsection (1); and
(b) when so required by a peace officer under subsection (1), drive his vehicle to a scale capable of weighing the vehicle and its load and which is available for use at the time of the requirement made by the peace officer.
Actions for damages prohibited
72(11) No action lies against a peace officer or against the government for loss or damage suffered by any person resulting from the enforcement of or compliance with this section.
72(12) Repealed, S.M. 2002, c. 40, s. 5.
S.M. 1988-89, c. 14, s. 8; S.M. 2001, c. 19, s. 14; S.M. 2002, c. 40, s. 5; S.M. 2004, c. 30, s. 5.
73(1) The minister may appoint one or more qualified persons as testers of scales and portable scales.
Effect of certificate of tester
73(2) In a prosecution under this Act, a certificate purporting to be signed by a tester appointed under subsection (1) certifying the accuracy of a scale or portable scale is admissible in evidence as prima facie proof of the accuracy of the scale or portable scale on the date of the alleged offence, without proof of the person's appointment or signature, if the certificate is dated not more than two years before or after the alleged offence.
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