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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