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C.C.S.M. c. H60

The Highway Traffic Act

File 1: s. 1 to 240 (Parts 1 to 6)
File 2: s. 241 to 337 (Parts 7 to 10)

(Assented to June 26, 1985)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

DEFINITIONS AND INTERPRETATION

Definitions

1(1)        In this Act,

"ambulance service" means an emergency medical response system licensed under The Emergency Medical Response and Stretcher Transportation 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 29(3) of The Drivers and Vehicles Act or subsection 31(7), 264(11) or (12) or 279(23) or (23.1) of this Act or a temporary permit under subsection 268(1) of this Act;

(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, Healthy Living and Seniors; (« 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 »)

"seat belt" has the same meaning as "seat belt assembly"; (version anglaise seulement)

"seat belt assembly" means a seat belt assembly as defined in the regulations made under the Motor Vehicle Safety Act (Canada); (« ceinture de sécurité »)

"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 any of the following, singly or in combination, while on a highway:

(a) vehicles and other conveyances,

(b) bicycles,

(c) pedestrians,

(d) ridden or herded animals; (« 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 or on behalf of a traffic authority, or with its permission, 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" »)

Interpretation

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.

Interpretation re certain provisions requiring driving on the right

1(4)        When

(a) this Act requires the driver or operator of a vehicle to drive or operate it as close as practicable to the right-hand edge or curb of the roadway or in the extreme right-hand lane of a laned roadway; and

(b) complying with the requirement would require the driver or operator to travel

(i) completely or partly in a traffic lane that is designated for the exclusive or primary use of non-vehicular traffic, or

(ii) between the roadway's right-hand edge or curb and a traffic lane that is designated for the exclusive or primary use of non-vehicular traffic;

the driver or operator is deemed to comply with the requirement if the vehicle is driven or operated as close as is safe and practicable to the boundary of the non-vehicular traffic lane that is closer to the roadway's centre.

Interpretation re certain provisions requiring driving on the left

1(5)        Subsection (4) applies, with necessary changes, when this Act requires the driver or operator of a vehicle to drive or operate it

(a) as close as practicable to the left-hand edge or curb of the roadway; or

(b) in the extreme left-hand lane of a laned roadway.

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. 35, s. 2; S.M. 1993, c. 48, s. 68; 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; S.M. 2010, c. 52, s. 2; S.M. 2012, c. 10, s. 2; S.M. 2012, c. 34, s. 3; S.M. 2013, c. 21, s. 2; S.M. 2014, c. 32, s. 12 and 33.

APPLICATION OF ACT

2(1)        [Repealed] S.M. 2001, c. 19, s. 3.

Exception for certain trucks

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.

Separate roadways

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.

References to Criminal Code

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.

Effect of invalidity

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

Reciprocal agreements

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.

Restrictions on exemptions

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.

Restrictions on exemptions

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.

Cancellation

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.

Definition of "state"

4.3(6)      In this section, "state" includes any territory of the United States of America and the District of Columbia.

Transition

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. 2001, 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.

Exception for repairers

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 4.24  [Repealed]

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.

VISIBILITY OF NUMBER PLATES

4.25(1)     [Repealed] S.M. 2005, c. 37, Sch. B, s. 9.

Obstruction of number plate

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 4.31  [Repealed]

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

Definition of "motor vehicle"

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.

Nature of report

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

Offence and penalty

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.

Limitation period

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.

S.M. 2001, c. 7, s. 3.

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.

Undertakings by insurers

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.

24(13)      [Repealed] S.M. 2001, c. 7, s. 4.

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

Regulations

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.

Application of regulations

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.

Offence and penalty

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.

Saving

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.

S.M. 2001, c. 7, s. 7.

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.

S.M. 2001, c. 7, s. 7.

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.

Exemption from examination

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.

Registrar may issue licence

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.

Failure to comply

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.

Temporary licence

31(7)       Despite subsection (6), the registrar may issue a temporary driver's licence for a period of not more than 45 days, subject to any conditions or restrictions that the registrar considers appropriate.

Particulars of examination

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; S.M. 2013, c. 54, s. 42.

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.

S.M. 1996, c. 19, s. 3.

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.

Strength of lamps

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.

Strength of headlamps

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.

Strength of "stop" lamps

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.

Size of reflectors

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.

Application of clause (1)(c)

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.

Exemption for peace officers

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.

Responsibility of owners

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.

Lamps on towed equipment

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.

Warning lighting 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 an emergency beacon or other lighting equipment prescribed by the regulations.

When warning lighting must be illuminated

35(15.1)    The driver of a motor vehicle described in subsection (15) must illuminate the prescribed emergency beacon or other prescribed lighting equipment 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.

Beacons on farm trucks

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; S.M. 2010, c. 7, s. 2.

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.

Beam indicator

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

Parking lamps

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".

Alternative lamps

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.

Ditch lamp

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.

Turning signal lamps

37(5)       Any motor vehicle may carry turning signal lamps.

Special permits

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.

School bus lighting systems

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.

"Back-up" lamps

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.

Fog lamps

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.

Use of fog lamps

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.

Flashing emergency lamps

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

Prohibited lamps

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.

White lights on rear

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.

Certain utility vehicles

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.

S.M. 1996, c. 26, s. 6.

Spot or flood lamps permitted

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.

S.M. 1996, c. 26, s. 6.

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.

Saving cl. re sec. 36

39(2)       Clause 38(1)(d) does not apply to a motor vehicle equipped as provided in section 36.

Offence

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.

Position of flares, etc.

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

Brakes on motor vehicles

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.

Brakes on trailers

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.

Application of brakes

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.

Power of brakes

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.

Exception for older vehicles

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

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

Tires

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.

Solid rubber tires

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.

Authority to use safety studs

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

Horn, and use thereof

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.

Sirens

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.

Exception

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.

S.M. 1996, c. 26, s. 7.

Mufflers required

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.

Cut-out not permitted

45(2)       No contrivance for releasing, or preventing the operation of, the muffler shall be attached to the motor vehicle.

SPEEDOMETER

Speedometers required

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.

Odometer required

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.

Tampering with odometer

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.

Speedometer testers

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

Splashguards required

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

Bumpers required

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.

Standards of bumpers

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.

Offence and penalty

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.

Definitions

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

Propellor guards required

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.

Motorcycle handlebars

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.

Front fork

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.

Frame

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

Application and definitions

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 »)

Requirement for safety glass

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.

Requirement as to new 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.

Windshields

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.

Exception

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

Names required on truck

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.

Application of subsection (1)

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

Transportation of livestock

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

Windshield wipers required

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.

Frost shields required

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 size and 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.

Windshield washers

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.

Changing suspension system

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.

Exception to subsection (2)

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.

S.M. 1997, c. 37, s. 16.

Equipment in good order

60          The equipment to which section 59 refers shall at all times when the vehicle is on a highway be in good working order.

PROJECTIONS FROM VEHICLES

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.

Loading of cordwood

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.

Fastening of tail-gate

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

Requirements as to towing

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

Towing of motor vehicles

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

Inspection by peace officer

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.

Co-operation by driver

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.

WEIGHT RESTRICTIONS

Definitions

68(1)       The following definitions apply in this section.

"class A highway" means

(a) a non-provincial highway for which The City of Winnipeg is the traffic authority and that is not otherwise classified by a by-law enacted by the council of The City of Winnipeg;

(b) a non-provincial highway that is

(i) in a municipality outside The City of Winnipeg, or

(ii) in a local government district,

and is classified as a class A highway by a by-law enacted by the highway's traffic authority; and

(c) a highway that is a provincial trunk highway, a provincial road, or a highway in unorganized territory, and is classified as a class A highway by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3). (« route de catégorie A »)

"class A1 highway" means

(a) a provincial trunk highway, except as otherwise provided by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3);

(b) a non-provincial highway that is in a municipality or local government district and is classified as a class A1 highway by a by-law enacted by the highway's traffic authority; and

(c) a highway that is a provincial road, or a highway in unorganized territory, and is classified as a class A1 highway by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3). (« route de catégorie A1 »)

"class B highway" means

(a) a non-provincial highway that is

(i) in a municipality outside The City of Winnipeg, or

(ii) in a local government district,

and is not otherwise classified by a by-law enacted by the highway's traffic authority;

(b) a highway in unorganized territory, except as otherwise provided by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3); and

(c) a highway that is a provincial trunk highway or a provincial road and is classified as a class B highway by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3). (« route de catégorie B »)

"class B1 highway" means

(a) a provincial road, except as otherwise provided by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3);

(b) a non-provincial highway that is in a municipality or local government district and is classified as a class B1 highway by a by-law enacted by the highway's traffic authority; and

(c) a highway that is a provincial trunk highway, or a highway in unorganized territory, and is classified as a class B1 highway by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3). (« route de catégorie B1 »)

"class C highway" means

(a) a non-provincial highway that

(i) is in a municipality outside The City of Winnipeg,

(ii) was deemed to be a class C highway by subsection (12), and

(iii) is not otherwise classified by a by-law enacted by the highway's traffic authority;

(b) a non-provincial highway — other than one referred to in clause (a) — that is

(i) in a municipality outside The City of Winnipeg, or

(ii) in a local government district,

and is classified as a class C highway by a by-law enacted by the highway's traffic authority; and

(c) a highway that is a provincial trunk highway, a provincial road, or a highway in unorganized territory, and is classified as a class C highway by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3). (« route de catégorie C »)

"highway in unorganized territory" means a highway in unorganized territory for which the minister is the traffic authority. (« route située en territoire non organisé »)

"non-provincial highway" means a highway other than a provincial trunk highway, a provincial road, or a highway in unorganized territory. (« route non provinciale »)

"provincial road" has the same meaning as in The Highways and Transportation Act. (« route provinciale secondaire »)

"provincial trunk highway" has the same meaning as in The Highways and Transportation Act. (« route provinciale à grande circulation »)

"traffic authority" does not include the owner of privately owned land on which a highway is located. (« autorité chargée de la circulation »)

Vicarious responsibility

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.

Regulations

68(3)       The Lieutenant Governor in Council may make regulations respecting vehicles or classes or combinations of vehicles operating on highways or classes of highways, including regulations

(a) prescribing permissible vehicle width, height and length, and permissible projections and overhangs of and from loads;

(b) respecting permissible

(i) gross vehicle weights and axle loadings,

(ii) weights of tires, axles or wheels,

(iii) numbers of axles or wheels,

(iv) axle spacings,

(v) weights on axle groups, and

(vi) weights according to wheelbase,

for vehicles, classes of vehicles or combinations of vehicles;

(c) respecting the method of determining wheelbase;

(d) 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;

(e) respecting the measurement of vehicle weight and the provision of satisfactory evidence of vehicle weight;

(f) prescribing means of vehicle identification to be used in addition to number plates;

(g) for the purpose of the classes of highway defined in subsection (1), classifying or reclassifying a highway for which the minister is the traffic authority;

(h) subdividing or establishing a class of highways and designating a highway as within the subdivision or class;

(i) exempting vehicles or classes of vehicles from regulations made under this subsection;

(j) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section.

Validation

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.

Delegation of power under subsection (3)

68(3.2)     When

(a) in the exercise of a power conferred under clause (3)(b), (g), (h) or (i), the Lieutenant Governor in Council considers it advisable that

(i) a period be established when, or

(ii) an area be designated in which or a similar thing be done having the effect that,

a regulation made under any of those clauses applies only during the period or in the area or applies in a different manner during the period or in the area; and

(b) the exercise of the power contemplates the existence of circumstances, such as climatic or other environmental factors, that are not ordinarily known in sufficient time to permit notice of the establishment or designation or other thing to be given by way of a regulation published in The Manitoba Gazette under The Regulations Act;

the Lieutenant Governor in Council may in a regulation made under clause (3)(b), (g), (h) or (i) provide that the period be established or area be designated for a specified time, or that the other thing be done, by order of the minister or the minister's delegate.

Variation of permissible weights and highway classifications by minister

68(3.3)     Despite subsection (3), the minister or the minister's delegate may by order, in respect of a highway for which the minister is the traffic authority,

(a) decrease or increase any of the permissible weights, loadings, spacings or other vehicle characteristics referred to in clause (3)(b) for a period of six months or less to take into account the effect of climatic or other environmental factors on the weight-bearing capability and durability of highways; or

(b) reclassify the highway for a period of two years or less for any reason.

Who the minister's delegate may be

68(3.4)     The minister may designate an employee of the department as the minister's delegate for the purpose of exercising the powers set out in subsection (3.2) or (3.3).

Order must state effective period

68(3.5)     An order made under subsection (3.3) must state the period during which the decrease, increase or reclassification is to be in effect.

Regulations Act does not apply

68(3.6)     The Regulations Act does not apply to an order made by the minister or the minister's delegate under subsection (3.2) or (3.3).

Publication of orders

68(3.7)     Without delay after an order is made for the purpose of subsection (3.2) or (3.3), it must be published by posting a copy on the department's website, along with a statement of the time and date of its posting.

When orders come into force

68(3.8)     An order made under subsection (3.2) or (3.3) comes into force at the time of its posting in the manner set out in subsection (3.7) unless a later time is specified in the order.

Publication constitutes notice of order

68(3.9)     Publication of an order in the manner set out in subsection (3.7) is notice of the order to all persons.

Regulations and orders may be general or particular

68(3.10)    A regulation made under subsection (3) and an order made under subsection (3.2) or (3.3)

(a) may be general or particular in its application;

(b) may provide for different requirements during different periods or seasons of the year;

(c) may apply in whole or in part to one or more classes or types of vehicles or classes of persons to the exclusion of others; and

(d) may apply to all or any part of the province and to all or any portion of a highway.

Precedence of orders under subsection (3.2) or (3.3)

68(3.11)    When the provisions of an order made under subsection (3.2) or (3.3) are inconsistent with a regulation made under subsection (3), the order takes precedence to the extent of the inconsistency.

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.

Contravention of an order

68(4.1)     Except under the authority of a permit issued by the minister under section 87, no person shall

(a) operate or move a vehicle or combination of vehicles on a highway or portion of a highway in contravention of an order made under subsection (3.2) or (3.3); or

(b) cause or permit an action described in clause (a) to be done.

68(5) and (6) [Repealed] S.M. 1988-89, c. 14, s. 6.

Classification by other traffic authorities

68(7)       With the approval of the traffic board, the traffic authority of a highway — other than the minister — may, by by-law, classify all or a portion of the highway as any of the highway classes set out in subsection (1), except in the case of The City of Winnipeg which may classify all or a portion of a highway for which it is the traffic authority as being a class A1, class A, or B1 highway.

68(8)       [Repealed] S.M. 2013, c. 24, s. 2

68(9)       [Repealed] S.M. 2004, c. 30, s. 4.

68(10)      [Repealed] S.M. 1988-89, c. 14, s. 6.

Signage

68(11)      The traffic authority of a highway must, at each end of an affected length of highway, erect and maintain traffic control devices informing the public about

(a) a change in the classification of the highway that results in a decrease in the permissible dimensions, weights, loadings, spacings or other vehicle characteristics of vehicles being operated or moved on the highway; or

(b) a decrease, ordered under subsection (3.3), in the permissible weights, loadings, spacings or other vehicle characteristics of vehicles being operated or moved on the highway.

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 or order 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 or order made under this section; or

(b) a condition respecting vehicle or axle maximum gross weight of a permit issued under section 87.

Penalty for excess weight

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.

Calculation of overweight

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 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.

68(15)      [Repealed] S.M. 1988-89, c. 14, s. 6.

Application of section 86

68(16)       When the provisions of an order, regulation, resolution or by-law validly made under section 86 are inconsistent with a regulation or order under this section, the order, regulation, resolution or by-law under section 86 takes precedence to the extent of the inconsistency.

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; S.M. 2013, c. 24, s. 2.

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.

Alternative weighing

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.

Orders to unload 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.

Removal of goods unloaded

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.

Sale of goods unloaded

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.

Appointment of testers

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.

S.M. 2001, c. 19, s. 15.

PART IV

CONTROL OF TRAFFIC, SPEED, RULES OF THE ROAD, BICYCLES

DIVISION I

CONTROL OF TRAFFIC

Application of Part

74(1)       Unless the context otherwise requires,

(a) the provisions of this Part relating to the operation of vehicles refer only to the operation of vehicles upon a highway;

(b) this Part does not apply to persons, vehicles, and other equipment while actually engaged in highway construction or maintenance work upon, under, or over, the surface of a highway while at the site of the work, when it is reasonably necessary for the purposes of the construction or work that this Part be not complied with or be contravened; but it does apply to them when travelling to or from the site of the work; and

(c) a person riding an animal or driving an animal-drawn vehicle upon a highway has all the rights, and is subject to all the duties, that a driver of a vehicle has under this Part.

Situs of maintenance vehicles

74(2)       Where, in order to do the maintenance work for which a machine or vehicle is being used, it is being driven, drawn, or propelled along a highway, it shall be deemed to be at the site of that maintenance work.

Duty of caution

75          A pedestrian or the operator of a bicycle or power-assisted bicycle who is entering, crossing or proceeding along a highway shall, at all times, do so with due caution, care and attention, taking into account the traffic on the highway at the time.

S.M. 2004, c. 30, s. 6.

CONTROL OF TRAFFIC BY PEACE OFFICERS AND OTHERS

Peace officer or firefighter may direct traffic

76(1)       In the circumstances described in subsection (2),

(a) a peace officer; or

(b) a firefighter who in the course of his or her duties is at the scene of a fire, a motor vehicle collision or another incident that may involve danger to the public;

may direct vehicles and other traffic and erect temporary traffic control devices to direct vehicles and other traffic.

When powers in subsection (1) may be exercised

76(2)       A peace officer or firefighter may exercise a power set out in subsection (1) when the peace officer or firefighter considers it reasonably necessary

(a) to ensure the orderly movement of vehicles and other traffic;

(b) to prevent injury or damage to persons or property; or

(c) to permit proper action in any emergency.

Obeying peace officer's or firefighter's directions

76(3)       A person must obey

(a) the directions of a peace officer or firefighter under this section; and

(b) any traffic control device erected by a peace officer or firefighter.

Obedience overrides certain traffic violations

76(4)       Despite any other provision of this Act, a person is not guilty of an offence if, as a necessary consequence of complying with subsection (3), the person contravenes a traffic regulation provision of this Act or of a regulation or by-law made under this Act.

Firefighter's authority subordinate to police officer

76(5)       A firefighter may exercise a power set out in subsection (1)

(a) only when a police officer is not present at the place where the power is to be exercised; or

(b) if a police officer is present at the place where the power is to be exercised, only at the police officer's request and subject to his or her direction.

S.M. 1989-90, c. 4, s. 3; S.M. 2013, c. 4, s. 2.

Peace officer may stop vehicles

76.1(1)     A peace officer, in the lawful execution of his or her duties and responsibilities, may require the driver of a vehicle to stop, and the driver of the vehicle, when signalled or requested to stop by a peace officer who is readily identifiable as such, shall immediately come to a safe stop and remain stopped until permitted by the peace officer to depart.

Offence and penalty

76.1(2)     A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000. or imprisonment for a term of not more than one year, or both.

Additional penalty

76.1(3)     In addition to imposing any penalty under subsection (2), the convicting judge or justice may

(a) suspend the person's licence for a term of not more than one year; or

(b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction,

(i) the person does not hold a licence, or

(ii) the person's licence is suspended or he or she is disqualified from holding a licence.

Peace officer's authority — driver information

76.1(4)     Without limiting the generality of subsection (1), a peace officer may, at any time when a driver is stopped,

(a) require the driver to give his or her name, date of birth and address to the officer;

(b) require the driver to produce his or her licence, and the vehicle's insurance certificate and registration card and any other document respecting the vehicle that the peace officer considers necessary;

(c) inspect any item produced under clause (b);

(d) request information from the driver about whether and to what extent the driver consumed alcohol or drugs before or while driving;

(e) require the driver to go through a field sobriety test under section 76.2;

(f) request information from the driver about whether and to what extent the driver is experiencing a physical or mental condition that may affect his or her driving ability; and

(g) inspect the vehicle's mechanical condition and request information from the driver about it.

Peace officer's authority — passenger information

76.1(5)     For the purpose of enforcing any provision of this Act or the regulations, a peace officer may require a vehicle's passenger to give his or her name, date of birth and address to the officer.

No right to counsel

76.1(6)     A peace officer is not required to inform a driver or passenger of his or her right to counsel, or to give the driver or passenger the opportunity to consult counsel, before doing anything subsection (4) or (5) authorizes.

Peace officer's authority unaffected

76.1(7)     Nothing in this section limits or negates a peace officer's authority to request information from a driver or passenger or to make any observations of a driver or passenger that are necessary for the purposes of road safety enforcement.

S.M. 1989-90, c. 4, s. 3; S.M. 2002, c. 40, s. 6; S.M. 2004, c. 11, s. 3.

Peace officer may conduct field sobriety test

76.2(1)     On demand, a peace officer may require the driver of a vehicle to go through a field sobriety test if the peace officer reasonably suspects that the driver

(a) has alcohol in his or her body; or

(b) has in his or her body a drug or other substance of a kind or in a quantity that interferes or may interfere with his or her ability to drive.

Driver must go through field sobriety test

76.2(2)     The driver shall without delay go through the test according to the peace officer's instructions.

Regulations respecting field sobriety tests

76.2(3)     The Lieutenant Governor in Council may make regulations respecting field sobriety tests, including, but not limited to, regulations

(a) approving a test or group of tests as a field sobriety test;

(b) respecting how peace officers are to conduct field sobriety tests.

S.M. 2004, c. 11, s. 4.

CONTROL OF TRAFFIC BY TRAFFIC AUTHORITIES

Erection of traffic control devices

77(1)       The traffic authority of a highway must erect and maintain such traffic control devices as are reasonably necessary to make known to drivers of motor vehicles the maximum rate of speed permissible on any part of a highway. The traffic control devices must be erected and maintained in such a way that they face traffic

(a) entering the section of highway where the maximum rate of speed begins; and

(b) at intervals, over the length of highway to which they apply.

Restricted speed area sign for Winnipeg

77(2)       The City of Winnipeg may cause to be erected on any highway running from Provincial Trunk Highway 100 or 101, in or towards a restricted speed area lying in the area bounded by those Provincial Trunk Highways, and at the beginning of that restricted speed area,

(a) a sign facing traffic that is entering that restricted speed area, indicating that the maximum speed permissible in the restricted speed area is 50 kilometres an hour unless otherwise indicated; and

(b) a sign facing traffic that is leaving the restricted speed area to proceed on the highway toward Provincial Trunk Highway 100 or 101, indicating that the traffic, at that place, has left or is about to leave, the restricted speed area.

Signs on designated highways

77(3)       In the case of a highway or portion thereof designated under subsection 97(1), it is sufficient compliance with subsection (1) if there is erected, at each end of the highway or portion thereof,

(a) a sign facing traffic entering the designated highway or portion thereof and indicating that the maximum speed permissible therein is 50 kilometres per hour; and

(b) a sign facing traffic leaving the designated highway or portion thereof and indicating that that the maximum speed to which reference is made in clause (a) is not thereafter applicable.

Signs in restricted speed areas

77(4)       Where, in a municipality that is otherwise wholly within a restricted speed area, there is or are one or more highways,

(a) on which a rate of speed greater than 50 kilometres per hour is permissible; and

(b) in respect of which traffic control devices are in place as required under subsection (1);

it is a sufficient compliance with subsection (1) if there are erected, at each point where a highway to which clause (a) applies crosses the boundary of the municipality,

(c) a sign facing traffic entering the municipality, and indicating that the maximum speed permissible in the municipality is 50 kilometres per hour unless otherwise indicated; and

(d) a sign facing traffic leaving the municipality, and indicating that the traffic is at that point leaving the municipality.

Signs affecting speed in back lanes

77(5)       Where a municipality has by by-law, made under section 103, fixed a lower rate of speed on back lanes than the speed permissible under subsection 95(1), it is sufficient compliance with subsection (1) if the municipality erects, at each point where a highway crosses the boundary of the municipality or in the case of The City of Winnipeg in accordance with subsection (2), a sign, of the type approved by the traffic board, facing traffic entering the municipality or the city indicating the maximum rate of speed permissible on back lanes in the municipality.

Fixing of lower rate of speed by traffic authority

77(6)       Where a traffic authority or the traffic board has by by-law, order or regulation made under section 98, 103 or 104 fixed a lower rate of speed on highways situated within a park, resort or community than the speed permissible under subsection 95(1), it is sufficient compliance with this section if the traffic authority erects at each point of a highway entering the park, resort or community as described in the by-law, order or regulation, a sign of the type approved by The Highway Traffic Board, facing traffic entering the park, resort or community indicating the maximum speed permissible and a sign facing traffic leaving the park, resort or community indicating that the traffic is at that point leaving the park, resort or community.

77(7) to (9)  [Repealed] S.M. 2013, c. 21, s. 4.

Definition of "flagman"

77(10)      In this section, "flagman" means a person employed by a traffic authority, or a contractor doing work on behalf of a traffic authority, for the purpose of directing the movement of traffic on any portion of a highway under construction, or where repair work or other work is being carried on.

Observance of flagman's directions

77(11)      Every driver of a vehicle shall obey and observe the directions given by a flagman.

S.M. 1986-87, c. 14, s. 17; S.M. 2001, c. 43, s. 44; S.M. 2004, c. 30, s. 7; S.M. 2013, c. 21, s. 4.

Definitions relating to safety in designated construction zones

77.1(1)     The following definitions apply in this section.

"designated construction zone" means a portion or length of highway

(a) that is under construction;

(b) where or in respect of which any reconstruction, widening, improvement, repairs or other similar work is being done, or is in progress, by or on behalf of the traffic authority of the highway; or

(c) where or in respect of which work that is prescribed in the regulations is being done or is in progress. (« zone de construction désignée »)

"traffic authority" does not include a person or entity, or a class of persons or entities, that is included in the definition "traffic authority" in subsection 1(1) but is excluded from this definition by regulation. (« autorité chargée de la circulation »)

Required signage for designated construction zones

77.1(2)     In accordance with the regulations, a designated construction zone must be identified by traffic control devices placed or erected at its beginning and end that

(a) identify the portion or length of highway as a designated construction zone; and

(b) identify the designated construction zone's beginning and end.

Responsibility for required signage

77.1(3)     The traffic authority of a highway is primarily responsible for identifying a designated construction zone on the highway but may

(a) arrange for a person to place or erect traffic control devices on its behalf for the purpose of subsection (2); or

(b) give permission for a person who is carrying on an activity in the designated construction zone to erect the traffic control devices.

Additional signage for designated construction zones

77.1(4)     When complying with subsection (2), the traffic authority, or a person referred to in clause (3)(a) or (b), may place or erect traffic control devices in the designated construction zone

(a) that are approved under subsection 81(1) or a regulation made for the purpose of this section; and

(b) that provide instructions or directions to persons travelling on the highway.

Maximum permitted speed in a designated construction zone

77.1(5)     The traffic authority of a highway — or a person referred to in clause (3)(a) or (b) and authorized by the traffic authority for the purpose of this subsection — may, while a designated construction zone is identified on the highway in accordance with subsection (2), establish a maximum permitted speed in all or part of the designated construction zone that is lower than the maximum permitted speed otherwise provided for or fixed under this Act. A traffic authority or other person that exercises this power is not required to obtain the traffic board's approval.

How maximum permitted speed is established

77.1(6)     For the purpose of subsection (5), the maximum permitted speed is established when the traffic authority — or a person authorized by it under subsection (4) — places or erects, in accordance with the regulations, traffic control devices stating the maximum permitted speed in the designated construction zone or in the part of the designated construction zone governed by the traffic control devices.

When maximum permitted speed applies

77.1(7)     The maximum permitted speed established under subsection (5) applies

(a) whether or not workers are present in the designated construction zone or equipment is being used in it; and

(b) at all hours of the day and on all days of the week, including holidays, unless a traffic control device states that it applies only at certain hours or on certain days, or both.

Requiring alteration or removal of traffic control devices

77.1(8)     The traffic authority of a highway may require a person who places or erects a traffic control device to alter it or remove it.

Regulations

77.1(9)     The minister may make regulations

(a) approving traffic control devices for the purpose of this section;

(b) requiring traffic authorities to place or erect specified traffic control devices for specified purposes in relation to designated construction zones;

(c) governing the use of traffic control devices by traffic authorities for the purpose of this section;

(d) respecting the safety of persons and vehicles in designated construction zones or other construction zones;

(e) prescribing work for the purpose of clause (c) of the definition "designated construction zone" in subsection (1);

(f) excluding a person or entity, or a class of persons or entities, from the definition "traffic authority" in subsection (1);

(g) respecting any matter the minister considers necessary or advisable to carry out the purposes of this section.

Application of regulations

77.1(10)    A regulation made under subsection (9) may be general or particular in its application and may apply to the whole or any part of the province.

S.M. 2013, c. 21, s. 5.

78          [Repealed]

S.M. 1996, c. 26, s. 8.

Erection of "stop" or "arrêt" signs

79(1)       A traffic authority may erect a "stop" or "arrêt" sign at an intersection or level railway crossing within the area over which the traffic authority has jurisdiction.

Illumination of "stop" or "arrêt" signs

79(2)       Every "stop" or "arrêt" sign erected under subsection (1) shall be reflectorized and so placed as to be illuminated by the headlights of an approaching vehicle.

Traffic control devices to prohibit standing, etc.

79(3)       A traffic authority may erect appropriate traffic control devices on any highway

(a) to prohibit the stopping, standing, or parking of vehicles any time, or during hours stated on the traffic control devices, on the highway or any portion thereof; or

(b) to limit the time during which the vehicles may be parked on the highway or any portion thereof, and either during the whole of any day or during a part thereof as the traffic authority may consider necessary.

Erection of traffic control signals

79(4)       A traffic authority may, at its discretion, erect and maintain traffic control signals of any of the kinds to which this section or section 88 applies at such places within the jurisdiction of the traffic authority as it may select.

Erection of other traffic control devices

79(5)       A traffic authority may erect, on or adjacent to any highway over which it has jurisdiction, such other traffic control devices, in addition to those specifically authorized or required under this Act, as are necessary or advisable for the control of traffic in a manner required, authorized, or permitted under this Act, or as are necessary to give effect to any by-law or order that the traffic authority has power to make.

Temporary traffic control devices

79(6)       A traffic authority or any person authorized by it may, in an emergency or while work of construction, repair, or painting is being carried on, place and maintain, or cause to be placed and maintained, or put into operation, such temporary traffic control devices as are required, while those conditions prevail, to control, regulate, or guide traffic in an orderly manner.

Four-way stops

79(7)       Where a traffic authority has erected at an intersection four "stop" or "arrêt" signs, it shall cause a sign approved by the traffic board to be displayed immediately below each "stop" or "arrêt" sign at the intersection that indicates that the intersection is controlled by four "stop" or "arrêt" signs.

PRESUMPTIONS

Presumption of proper erection of traffic control devices

80          The existence on a highway of a sign, marking, poster, notice, or traffic control device such as is required or permitted by this Act, purporting to regulate the use of the highway in any manner, raises the prima facie presumption that the sign, marking, poster, notice, or traffic control device was duly erected and maintained by the proper authority pursuant to the power given by this Act and in accordance therewith.

TRAFFIC CONTROL DEVICES

Approval of traffic control devices

81(1)       No traffic control device shall be erected on a highway by any traffic authority, unless the design and dimensions thereof have been first approved by the traffic board, or by a person authorized by it in writing to give such an approval, or, in the case of provincial highways, by the minister.

Exception for certain devices re school zones

81(2)       Subsection (1) does not apply to a traffic control device erected to identify a school zone or to indicate the speed limit in the school zone if the device is

(a) approved and authorized by a regulation made under subsection 98.1(4); and

(b) is erected by a traffic authority or a local government entity authorized under the regulation to designate the highway as a school zone.

Exception for certain devices re construction zones

81(3)       Subsection (1) does not apply to a traffic control device erected for the purpose of section 77.1 if the device is approved by a regulation made under that section and erected in accordance with the requirements of that section.

S.M. 2001, c. 43, s. 44; S.M. 2012, c. 5, s. 2; S.M. 2013, c. 21, s. 6.

Imitative devices prohibited

82(1)       No person shall erect or maintain, upon or in view of a highway, a device that purports to be, resembles, or interferes with the effectiveness of, a traffic control device unless he is authorized to do so by a traffic authority; and if such a device is erected or maintained without that authority, it may be removed by, or under the authority of,

(a) the mayor, reeve, or chief constable of the municipality in which it is situated; or

(b) the officer in command in Manitoba of the Royal Canadian Mounted Police Force; or

(c) the minister where it is situated on a highway in respect of which the minister is the traffic authority;

or the representative of any of them duly authorized by him for that purpose.

Appeal against removal

82(2)       Any person who deems himself aggrieved by the removal, under subsection (1), of a device, may appeal against the removal to the traffic board; and that board, on being satisfied that at least seven days notice in writing has been given to each other person concerned, shall hear the appeal and such relevant evidence as may be tendered with respect to the matter, and shall decide whether the removal was justified and make an order accordingly including, if deemed right, an order for the restoration of the device to the place whence it was removed.

Effect of order

82(3)       An order made under subsection (2) is final and not subject to further appeal; and all persons concerned shall comply therewith.

S.M. 2001, c. 43, s. 44.

Advertising prohibited

83          No person shall place or maintain commercial advertising upon a traffic control device.

No passing zones

84(1)       A traffic authority may, by a traffic control device, designate all or a portion of a roadway as a zone in which overtaking and passing is prohibited or a zone limited to driving on the right-hand side of the roadway.

One-way roadways

84(2)       A traffic authority may, by a traffic control device, designate a roadway for one-way traffic and indicate the direction in which traffic thereon shall travel.

Compliance with traffic control devices

85          Except when otherwise directed by a peace officer, every person shall obey the instructions or directions on, or conveyed by means of, an applicable traffic control device.

TRAFFIC AUTHORITIES' JURISDICTION RE CONDITIONS OF USE OF HIGHWAYS

Changes in use of highways and structures when the minister is the traffic authority

86(1)       With or without conditions and in accordance with subsections (2) and (3),

(a) the minister or the minister's delegate may by order, in respect of a highway for which the minister is the traffic authority or a structure forming part of the highway,

(i) prohibit drivers from using the highway or structure,

(ii) restrict drivers' use of the highway or structure, except as to permissible vehicle dimensions or weight,

(iii) restrict the permissible dimensions of vehicles that use the highway or structure, or

(iv) restrict or increase the permissible weight of vehicles that use the highway or structure,

for a period of two years or less; and

(b) the minister may by regulation

(i) impose a prohibition or restriction described in any of subclauses (a)(i) to (iv) in respect of a structure forming part of a highway for which the minister is the traffic authority, or

(ii) impose a prohibition or restriction described in subclause (a)(i) or (ii) in respect of a highway for which the minister is the traffic authority,

for a period longer than two years.

Who the minister's delegate may be

86(2)       The minister may designate an employee of the department as the minister's delegate for the purpose of exercising the powers set out in clause (1)(a).

Order must state effective period

86(3)       An order made under clause (1)(a) must state the period during which the prohibition, restriction or increase is to be in effect.

Regulations Act does not apply

86(4)       The Regulations Act does not apply to an order made by the minister or the minister's delegate under clause (1)(a).

Publication of orders

86(5)       Without delay after an order is made for the purpose of clause (1)(a), it must be published by posting a copy on the department's website, along with a statement of the time and date of its posting.

When orders come into force

86(6)       An order comes into force at the time of its posting in the manner set out in subsection (5) unless a later time is specified in the order.

Publication constitutes notice of order

86(7)       Publication of an order in the manner set out in subsection (5) is notice of the order to all persons.

Regulations by the minister

86(8)       The minister may make regulations respecting prohibitions and restrictions under clause (1)(b) that are effective for longer than two years.

Changes re use of other highways and structures

86(9)       With or without conditions and in accordance with subsection (10), a traffic authority other than the minister may, in respect of a highway under its authority or a structure forming part of the highway,

(a) prohibit drivers from using, or restrict their use of, the highway or structure;

(b) restrict the permissible dimensions of vehicles that use the highway or structure; or

(c) restrict the permissible weights of vehicles that use the highway or structure.

Action by municipal and other traffic authorities

86(10)      When a municipality, a local government district or the council of a band, as traffic authority of a highway, imposes a prohibition or restriction under subsection (9), it must

(a) if the prohibition or restriction is for two years or less, impose it by resolution; and

(b) if the prohibition or restriction is for longer than two years, impose it by by-law.

Resolution must state effective period

86(11)      A resolution under clause (10)(a) must state the period during which the prohibition or restriction is to be in effect.

By-law increasing allowable weight

86(12)      A municipality, a local government district or the council of a band, as the traffic authority of a highway, may, by by-law, increase the permissible weight of vehicles that use the highway or a structure forming part of it.

Traffic board must approve by-law

86(13)      A prohibition or restriction imposed by a by-law made under clause (10)(b) or an increase in permissible weight under subsection (12) does not take effect until the traffic board approves the by-law.

Resolution or by-law affecting provincial highway

86(14)      When a traffic authority's resolution or by-law affects a provincial highway, the resolution or by-law has no effect unless it is approved in writing by the minister or the minister's delegate, and the notice of approval is attached to and forms part of the resolution or by-law.

Regulations, orders, by-laws and resolutions may be general or particular

86(15)      A regulation, order, by-law or resolution made under this section

(a) may be general or particular in its application;

(b) may apply in whole or in part to one or more classes or types of vehicles or classes of persons to the exclusion of others; and

(c) in the case of

(i) a regulation or order, may apply to all or any part of the province and to all or any portion of a highway or structure forming part of a highway, or

(ii) a by-law or resolution, may apply to all or any part of the area over which the maker of the by-law or resolution has local government authority and to all or any portion of a highway or structure forming part of a highway.

Signage

86(16)      A traffic authority that imposes a prohibition or restriction under subsection (1) or (9) must erect and maintain traffic control devices warning the public about the prohibition or restriction. The devices must be erected and maintained

(a) at each end of the affected length of highway; or

(b) if the prohibition or restriction affects only a structure, at each approach to the affected structure.

Barricades

86(17)      A traffic authority that imposes a prohibition under subsection (1) or (9) must erect and maintain adequate barricades

(a) at each end of the affected length of highway; or

(b) if the prohibition affects only a structure, at each approach to the affected structure.

Offence: excess weight less than 2,000 kg

86(18)      A person is guilty of an offence if the person

(a) drives or tows a vehicle; or

(b) causes or permits a vehicle to be driven or towed;

that, by an excess weight of less than 2,000 kg, exceeds the permissible weight set by an order, regulation, resolution or by-law made under this section.

Offence: excess weight of  2,000 kg or more

86(19)      A person is guilty of an offence if the person

(a) drives or tows a vehicle; or

(b) causes or permits a vehicle to be driven or towed;

that, by an excess weight of 2,000 kg or more, exceeds the permissible weight set by an order, regulation, resolution or by-law made under this section.

Penalty for excess weight

86(20)      A person who commits an offence under subsection (18) or (19) is liable on summary conviction to a fine of $13.20 for each 50 kg, or fraction of that amount, by which the actual gross weight of the vehicle, a single axle or an axle group exceeds the maximum gross weight permitted by the order, regulation, resolution or by-law.

Calculating fine based on excess weight

86(21)      In calculating a fine for an offence under subsection (18) or (19),

(a) if 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 kg or 5% of the maximum gross weight allowed, whichever is less; and

(b) if the evidence proving the 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 kg or 2% of the maximum gross weight allowed, whichever is less.

Penalty re other contraventions

86(22)      A person who contravenes or fails to comply with a prohibition or restriction imposed under subclause (1)(a)(i) or (ii), clause (1)(b) or clause (9)(a) or (b) is guilty of an offence and liable on summary conviction to the penalties set out in section 239.

Vehicles driven or towed under permit

86(23)      Despite subsections (18), (19) and (22), a person is not guilty of an offence if the person's contravention or failure to comply is condoned by a permit issued under section 87.

Vicarious responsibility

86(24)      For the purpose of this section, a person is deemed to have caused or permitted a vehicle to be driven or towed if it is driven or towed by someone who

(a) is the person's employee or agent; and

(b) while driving or towing the vehicle, is acting within the general scope of that employment or agency.

S.M. 1988-89, c. 14, s. 9; S.M. 2002, c. 40, s. 7; S.M. 2004, c. 30, s. 8; S.M. 2008, c. 3, s. 15; S.M. 2013, c. 24, s. 3; S.M. 2013, c. 39, Sch. A, s. 61.

INSPECTION STATIONS

Highway traffic inspection stations

86.1(1)     The traffic authority of a highway may establish at any place on the highway a permanent or temporary inspection station. An inspection station must be identified by means of a traffic control device approved as required by section 81.

Trucks required to stop

86.1(2)     When an inspection station has been established and the proper traffic control device is displayed, the driver of a truck passing the traffic control device

(a) must proceed directly to and stop at the station for inspection; and

(b) must not proceed unless permitted to do so by the inspector or other person in charge of the station, or by a peace officer.

When trucks not required to stop

86.1(3)     Subsection (2) does not apply when the truck is exempted by the regulations or the inspection station displays a sign indicating that it is closed.

Co-operation by driver

86.1(4)     A person who has taken a vehicle to scales or stopped a vehicle at an inspection station, as required under this section, must render such reasonable assistance to a peace officer or inspector in the weighing or inspection of the vehicle as the peace officer or inspector requires.

S.M. 2013, c. 24, s. 3.

VEHICLES UNDER PERMIT

Permits to move certain vehicles and property

87(1)       After a request by a vehicle's owner or whenever the traffic authority of a highway considers it appropriate, the traffic authority may issue a permit authorizing a vehicle to be driven or property to be moved by a vehicle over, upon or along the highway although it is not otherwise permitted by this Act or the regulations.

Meaning of "owner" for permit purposes

87(1.1)     In this section, "owner", in relation to vehicles, includes a person who, in the course of a business or other undertaking, engages the services of vehicles to carry property.

Conditions on permits

87(2)       The traffic authority may impose any conditions on a permit that it considers appropriate.  If the traffic authority imposes a condition, the following persons shall comply with the condition:

(a) the permit holder;

(b) a person who operates a vehicle under the permit or the owner of such a vehicle; and

(c) any other person who drives a vehicle or moves property under the permit.

Cancellation of permit

87(2.1)     The traffic authority may cancel a permit if

(a) the permit holder or any other person who operates, owns or drives a vehicle or moves property under the permit

(i) fails to comply with a condition of the permit, or

(ii) contravenes this Act, The Drivers and Vehicles Act or The Manitoba Public Insurance Corporation Act or the regulations under any of those Acts; or

(b) the permit holder fails to pay a fee required to be paid in respect of the permit.

Notice of cancellation

87(2.2)     After a permit is cancelled, the traffic authority shall notify the permit holder about the cancellation by ordinary mail sent to the mailing address the permit holder has given the traffic authority.

Section 276 not to apply

87(2.3)     Section 276 (notice of cancellation) does not apply to a permit issued under this section.

Peace officer's demand re permit

87(3)       After a demand from a peace officer, a person who drives a vehicle or moves property under a permit issued under this section shall produce the permit for the officer's inspection or, if the person is not carrying the permit, give the officer the permit number.

Detention and removal of vehicles and property

87(4)       Where a vehicle or property in respect of which a permit is issued under subsection (1) is driven or moved over, upon, or along, a highway in contravention of conditions imposed in granting the permit, a peace officer may detain the vehicle or property and may remove it, or cause it to be removed, from the highway at the expense of the owner thereof.

Actions for damages prohibited

87(5)       No action lies against a peace officer or against the government or a municipality for loss or damage suffered by any person resulting from the enforcement of, or compliance with, subsection (4).

Limited permits

87(6)       A traffic authority may issue a permit under subsection (1)

(a) authorizing the driving of a vehicle identified in the permit or the moving of property described in the permit

(i) during one particular journey by a route specified in the permit, and

(ii) during a period specified in the permit or without limitation as to time; or

(b) authorizing the driving of vehicles or the moving of property of a kind or nature specified in the permit, during such period as may be specified in the permit or without limitation as to time.

Permit charges

87(7)       A person who wishes to obtain a permit under this section or, if applicable, who holds a permit issued under this section, shall pay the traffic authority the charge specified in the regulations.

87(8)       [Repealed] S.M. 2002, c. 40, s. 8.

S.M. 2002, c. 40, s. 8; S.M. 2004, c. 8, s. 7; S.M. 2005, c. 37, Sch. B, s. 26.

TRAFFIC CONTROL SIGNALS

Compliance with traffic control signals

88(1)       Every driver and every pedestrian shall obey the instructions of a traffic control signal in accordance with this section, unless directed to do otherwise by a peace officer.

Exception for separate signal assembly for left turn

88(1.1)     Notwithstanding anything in this section, when there is a signal assembly at an intersection for the left turn movement of vehicles that is separate from the signal assembly for the through and right turn movement of vehicles, the driver of a vehicle at or approaching the intersection and intending to turn left shall obey the instructions of the traffic control device governing the left turn movement of vehicles only.

Crossing in crosswalks

88(2)       Where, at any place on a highway, it is permissible for a pedestrian to cross the highway, he shall do so in the crosswalk, if any, that is established at that place.

Green traffic control light at intersections

88(3)       When a green traffic control light alone, either steady or flashing, is shown at an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching the intersection and facing the light, subject to section 132 and a traffic control device prohibiting any such movement,

(i) may

(A) proceed across the intersection or turn left or right, or

(B) to make a left turn, establish the vehicle in the intersection just before the centre and complete the turn when it is safe, and

(ii) shall yield the right-of-way to other traffic lawfully within the intersection or within an adjacent crosswalk at the time the light is shown; and

(b) a pedestrian facing the light may proceed, as quickly as is reasonably possible, across the roadway in the direction of the traffic control signal, subject to any pedestrian control signal directing him or her otherwise, and while so proceeding across the roadway has a right-of-way over all vehicles.

Green traffic control light not at intersections

88(4)       When a green traffic control light alone is shown at a place other than an intersection by a traffic control signal, subject to section 132,

(a) the driver of a vehicle at or approaching a facing the light

(i) may proceed to pass the traffic control signal, and

(ii) shall yield the right-of-way to any pedestrian still in the roadway or on a crosswalk adjacent to the traffic control signal when the green light begins to be shown;

(b) a pedestrian facing the light may proceed as quickly as is reasonably possible across the roadway in the direction of the traffic control signal, subject to any pedestrian control signal directing him otherwise, and while so proceeding across the roadway has a right-of-way over all vehicles.

Yellow traffic control light or arrow at intersection

88(5)       When a yellow or amber traffic control light or arrow is being shown at an intersection by a traffic control signal following or accompanying a green traffic control light,

(a) the driver of a vehicle at or approaching the intersection and facing the light or arrow shall not enter the intersection, unless he can leave it before a red traffic control light or such other signal as next follows, begins to be shown; and

(b) a pedestrian,

(i) if facing the light or arrow, shall not begin to cross the roadway until a pedestrian control signal or traffic control light permitting him to do so begins to be shown, and

(ii) if proceeding across, and still in, the roadway and facing such a traffic control light or arrow that begins to be displayed after he entered the roadway,

(A) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and

(B) has a right-of-way for that purpose over all vehicles.

Yellow traffic control light not at a controlled intersection

88(6)       When a yellow or amber traffic control light is being shown at a place other than an intersection by a traffic control signal following or accompanying a green traffic control light,

(a) the driver of a vehicle at or approaching and facing the light shall not proceed past the traffic control signal or enter the crosswalk, if any, adjacent to the traffic control signal unless he can leave the crosswalk, if any, and be past the traffic control signal before a red traffic control light, or such other signal as next follows, begins to be shown;

(b) the pedestrian, if intending to cross the roadway, or to cross in a crosswalk, if any, adjacent to the traffic control signal, shall wait until either

(i) the traffic control signal facing the vehicular traffic shows a red traffic control light, or

(ii) a pedestrian control signal or traffic control light permitting him to cross the roadway adjacent to the traffic control signal is shown; and

(c) a pedestrian, if proceeding across, and still in, the roadway and facing such a traffic control light that begins to be shown after he entered the roadway,

(i) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and

(ii) has a right-of-way for that purpose over all vehicles.

Red traffic control light at intersection

88(7)       When a red traffic control light alone or with a pedestrian control signal is shown at an intersection by a traffic control signal, subject to subsection (16),

(a) the driver of a vehicle at or approaching the intersection and facing the light or signal,

(i) shall stop the vehicle at a clearly marked stop line or, if none, then immediately before entering the crosswalk on the near side of the intersection or, if none, then immediately before entering the intersection, and

(ii) shall not proceed until a traffic control light permitting the movement of the vehicle into the intersection is shown;

(b) a pedestrian facing the light or signal shall not begin to cross the roadway until a pedestrian control signal or traffic control light permitting him to enter the roadway is shown; and

(c) a pedestrian, if proceeding across, and still in, the roadway and facing such a traffic control light or signal that begins to be shown after he entered the roadway

(i) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and

(ii) has a right-of-way for that purpose over all vehicles.

Completing left turn on red

88(7.1)     Despite clause (7)(a), a driver who has established his or her vehicle in an intersection to make a left turn, as permitted by paragraph (3)(a)(i)(B), and is unable to complete the turn during the green or amber light phase, may complete it when the red traffic control light or such other signal as next follows is shown.

Red traffic control light not at intersection

88(8)       When a red traffic control light alone is shown at a place other than an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching and facing the light

(i) shall stop the vehicle at a clearly marked stop line or, if none, then immediately before entering the crosswalk on the near side of the light or, if none, then immediately before reaching the light, and

(ii) shall not proceed until a traffic control light permitting him to pass the traffic control signal is shown;

(b) a pedestrian facing the light shall not begin to cross the roadway until a pedestrian control signal or traffic control light permitting him to enter the roadway is shown; and

(c) a pedestrian, if proceeding across, and still in, the roadway and facing such a traffic control light that begins to be shown after he entered the roadway

(i) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and

(ii) has a right-of-way for that purpose over all vehicles.

Green arrow or green arrow with red light

88(9)       When a green arrow traffic control light or a green arrow in conjunction with a red traffic control light, is shown at an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching the intersection and facing the traffic control light or green arrow

(i) may enter the intersection to make only

(A) the movement indicated by the arrow, or

(B) a U-turn if the green arrow indicates a left turn and there is no traffic control device prohibiting the movement, and

(ii) shall yield the right-of-way to other traffic lawfully within the intersection or within a crosswalk adjacent to the traffic control signal; and

(b) a pedestrian facing the traffic control light or arrow shall not begin to cross the roadway until a pedestrian control signal or traffic control signal permitting him to enter the roadway is shown.

Red flashing traffic control light at intersection

88(10)      When a red flashing traffic control light is shown at an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching the intersection and facing the light shall stop the vehicle

(i) where there is no crosswalk, at a clearly marked stop line, or

(ii) before entering the crosswalk marked out by lines, on the near side of the intersection, or

(iii) when there is neither a stop line nor a marked out crosswalk, at the point nearest the intersecting highway from which the driver has a view of approaching traffic on the intersecting highway,

and, having stopped, he shall yield the right-of-way to traffic that has entered the intersection upon the intersecting highway or that is approaching thereon and is so close that it constitutes an immediate hazard; and he shall not proceed unless he can do so in safety; and

(b) a pedestrian facing the light may proceed across the roadway, and has a right-of-way for that purpose over all vehicles.

Red flashing traffic control light not at intersection

88(11)      When a red flashing traffic control light is shown at a place other than an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching and facing the light

(i) shall stop the vehicle at a clearly marked stop line or, if none, then immediately before reaching the crosswalk on the near side of the light or, if none, then immediately before reaching the traffic control signal, and

(ii) having stopped, shall yield the right-of-way to all pedestrians in the roadway or in a crosswalk adjacent to the traffic control signal, and

(iii) having yielded, shall not proceed unless he can do so in safety; and

(b) a pedestrian facing the light may proceed across the roadway, and has a right-of-way for that purpose over all vehicles.

Yellow flashing traffic control light at an intersection

88(12)      When a yellow or amber flashing traffic control light is shown at an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching the intersection and facing the light

(i) may enter the intersection only with caution, and

(ii) shall yield the right-of-way, stopping if necessary, to a pedestrian

(A) who is within the intersection or a crosswalk adjacent to the traffic control signal, or

(B) who is crossing a roadway within a crosswalk and is upon the half of the roadway upon which the vehicle is travelling, or is approaching from the other half of the roadway and is so close that he is in danger; and

(b) a pedestrian facing the light may proceed across the roadway, and has a right-of-way for that purpose over all vehicles.

Yellow flashing traffic control light not at intersection

88(13)      When a yellow or amber flashing traffic control light is shown at a place other than an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching and facing the light,

(i) may pass the traffic control signal only with caution, and

(ii) shall yield the right-of-way, stopping if necessary, to a pedestrian

(A) still in the roadway or who is within a crosswalk adjacent to the traffic control signal, or

(B) who is crossing a roadway within a crosswalk and is upon the half of the roadway upon which the vehicle is travelling, or is approaching from the other half of the roadway and is so close that he is in danger; and

(b) a pedestrian facing the light may proceed across the roadway, and has a right-of-way for that purpose over all vehicles.

Action of pedestrian when "walk" or "traversez" is shown

88(14)      When the word "walk" or "traversez" or a visual symbol indicating that a person may proceed to cross the roadway is shown by a pedestrian control signal, a pedestrian facing the signal may proceed across the roadway in the direction of the signal and while so proceeding across the roadway has a right-of-way over all vehicles.

"Wait" or "attendez", etc., pedestrian control signal

88(15)      When a traffic control light exhibiting the word "wait" or "don't walk" or "attendez", or a visual symbol indicating that pedestrians are to wait, is shown by a pedestrian control signal in a steady or flashing mode,

(a) a pedestrian facing the traffic control light shall not begin to cross the roadway until the word "walk" or "traversez" or a visual symbol indicating that pedestrians may proceed, is shown by the pedestrian control signal; and

(b) a pedestrian, if proceeding across, and still in, the roadway and facing a traffic control light exhibiting the word "wait" or "don't walk" or "attendez", or a visual symbol indicating that pedestrians are to wait, that begins to be shown after he entered the roadway, shall proceed across the roadway or, in the case of a divided highway, both roadways as quickly as is reasonably possible; and he has a right-of-way for that purpose over all vehicles.

Right turn on red light

88(16)      Except where there is at the intersection a traffic control device indicating otherwise, where a red traffic control light alone or with a pedestrian control signal is shown at an intersection, the driver of a vehicle at or approaching the intersection and facing the traffic control light, having stopped and yielded the right-of-way to traffic that had entered the intersection upon the intersecting highway or that is approaching thereon and is so close that it constitutes an immediate hazard, may, if he can do so in safety, enter the intersection and make a right turn into the intersecting highway.

Flashing green arrow

88(17)      When a flashing green left pointing arrow traffic control light, in conjunction with a green traffic control light, is shown at an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching the intersection and facing the flashing green arrow

(i) may proceed across the intersection or turn right, subject to a traffic control device prohibiting any such movement,

(ii) may proceed through the intersection to make

(A) a left turn, or

(B) subject to a traffic control device prohibiting any such movement, a U-turn, and

(iii) shall yield the right-of-way to other traffic lawfully within the intersection or within an adjacent crosswalk at the time the light is shown; and

(b) a pedestrian facing the flashing green arrow shall not begin to cross the roadway until a pedestrian control signal or traffic control signal permitting him to enter the roadway is shown.

Entering or crossing intersections with traffic control lights

88(18)      Notwithstanding any other provision of this Act, no driver of a vehicle shall enter or proceed across an intersection controlled by a traffic control light which, at the time, permits the movement, unless there is sufficient space on the other side of the intersection to accommodate the vehicle without obstructing the passage of pedestrians proceeding within a crosswalk or pedestrian corridor, or other traffic that, in either case, is proceeding or is permitted to proceed lawfully.

Left turn on red light

88(19)      Notwithstanding subsection (7), and except where there is at the intersection a traffic control device indicating otherwise, where a red traffic control light alone, or with a pedestrian control signal, is shown at an intersection of 2 one-way highways, the driver facing the red traffic control light and intending to make a left turn onto the other one-way highway shall

(a) stop the vehicle at a clearly marked stop line, or if none, immediately before entering the crosswalk on the near side of the intersection or, if none, immediately before entering the intersection;

(b) yield the right-of-way to traffic and pedestrians that had entered the intersection or that is approaching it and is so close as to constitute an immediate hazard; and

(c) having yielded the right-of-way to all other traffic may, if he can do so in safety, enter the intersection and make a left turn into the other one-way highway.

Red traffic control light with transit priority signal

88(20)      When a red traffic control light in conjunction with a transit priority signal is shown at an intersection by a traffic control signal,

(a) the driver of a public transit vehicle at or approaching the intersection may enter the intersection and

(i) shall yield the right-of-way to other traffic lawfully within the intersection or within an adjacent crosswalk at the time the light is shown, and

(ii) the driver of any other vehicle at or approaching the intersection and facing the light shall not enter the intersection until a traffic control light permitting him to do so is shown; and

(b) a pedestrian

(i) facing the light shall not begin to cross the roadway until a pedestrian control signal or traffic control light permitting him to do so is shown, and

(ii) if proceeding across, and still in, the roadway and facing such a traffic control light that begins to be displayed after he entered the roadway,

(A) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and

(B) has a right-of-way for that purpose over vehicles.

S.M. 1996, c. 26, s. 9; S.M. 2002, c. 40, s. 9.

BY MUNICIPAL AUTHORITY

Certain municipal by-laws respecting motor vehicles prohibited

89          Except as in this Act otherwise provided, the council of a municipality shall not pass, enforce, or maintain any by-law

(a) requiring from any owner of a motor vehicle or a driver, or a dealer who holds a valid dealer's permit under The Drivers and Vehicles Act, any tax, fee, licence, or permit for or on account of the ownership or use of motor vehicles; or

(b) excluding any of such persons from the use of a highway, except any driveway, speedway, or road that has been expressly set apart, by by-law, for the exclusive use of horses and light carriages; or

(c) that in any way affects the registration or numbering of motor vehicles; or

(d) regulating the speed of motor vehicles on a highway; or

(e) forbidding the use of any highway, contrary to or inconsistent with The Drivers and Vehicles Act or this Act;

and any by-law, or the provisions thereof, contrary to this section is or are of no validity or effect.

S.M. 2005, c. 37, Sch. B, s. 27.

Making of certain rules and by-laws by traffic authorities

90(1)       A traffic authority may classify vehicles according to dimensions, design, weight, kind of weight carried or otherwise, for any class or all classes of vehicles and may make rules or by-laws supplementary to, or in addition to, but not contrary to, any provision of this Act, The Drivers and Vehicles Act or the regulations under either Act and applicable on highways over which the traffic authority has jurisdiction or within any area over which the traffic authority has jurisdiction, with respect to

(a) parking, stopping and standing of vehicles and bicycles;

(b) obstruction of traffic;

(c) one-way streets or one-way roadways;

(d) prescribing routes of travel including prohibiting certain traffic from travelling on certain routes of travel or requiring certain traffic to travel only on certain routes of travel;

(e) pedestrian traffic including pedestrian corridors;

(f) loading zones and bus stops;

(g) safety zones;

(h) preventing drivers of motor vehicles from making unnecessary noise in the vicinity of hospitals;

(i) preventing turning otherwise than at intersections, and otherwise regulating such turning;

(j) traffic on streets in the vicinity of public schools;

(k) traffic at intersections;

(l) traffic lanes , including prohibiting certain traffic from travelling on certain traffic lanes or requiring certain traffic to travel only on certain traffic lanes;

(m) [repealed] S.M. 1988-89, c. 14, s. 10;

(n) the directions that vehicles or bicycles must follow on certain streets or roadways;

(o) any matter that is prescribed in the regulations;

and may impose penalties for a violation of any such rule or by-law.

Penalty to be imposed by by-law

90(2)       Where the traffic authority imposing a penalty under subsection (1) is a municipality, the council of the municipality shall impose the penalty by by-law.

Rules affecting provincial highways

90(3)       Notwithstanding subsection (1), the council of a city, town or village other than The City of Winnipeg may make rules or by-laws as provided in subsection (1) applicable to any part of a provincial highway within the city, town or village; but no such rule or by-law has effect unless approved in writing by the minister or the minister's delegate, and the notice of approval is attached to and forms part of the rule or by-law.

Withdrawal of approval

90(4)       The minister or the minister's delegate may, by a notice in writing, withdraw an approval given under subsection (3), and the withdrawal is effective and any rule or by-law previously approved thereunder is void on and from the date set out in the notice.

Notice of rules

90(5)       The council or other traffic authority concerned shall cause every rule made under subsection (1) or (3), that is supplementary to, or in addition to, the rules prescribed in this Part to be indicated or made known to drivers by traffic control devices or by peace officers.

Nature of traffic control device

90(6)       Subject to section 81, a traffic control device to which reference is made in subsection (5) shall consist of a sign containing a verbal notice, command, caution, or warning, or of a representation of an arrow or other symbol or device, or both.

Compliance with rules

90(7)       Where a rule made under subsection (1) is indicated or made known to drivers as required by subsection (5), every driver shall obey the rule.

Supplementary rules

90(8)       A rule made under subsection (1) may supplement section 88 by authorizing traffic control signals showing traffic control lights and signals for which provision is not made in that section; but, no such rule shall alter, or purport to alter, the meaning or effect required, under this Act, to be given to a traffic control light or signal for which provision is made in section 88, or alter, or purport to alter, the manner in which drivers and pedestrians shall comply with such a traffic control light or signal.

Powers of minister

90(9)       The minister has, with respect to

(a) provincial highways; and

(b) forest reserves owned or administered by Her Majesty to which subsection 104(1) applies;

the powers that a municipality has under subsections (1) and (8), subject to limitations and restrictions the same as those imposed under subsections (5) and (8); and drivers are under the same obligations with respect to a rule made under this subsection as is imposed on them under subsection (7) with respect to a rule made under subsection (1).

90(10)      [Repealed] S.M. 2013, c. 39, Sch. A, s. 61.

Permit to hold parades, motorcades etc., on provincial highways

90(11)      Unless the traffic authority has temporarily closed a provincial highway or any portion thereof to other traffic, no person, organization or club shall conduct, hold or operate a caravan, motorcade, parade, rally or other special event on a provincial highway unless a permit therefor has been issued by the Officer Commanding the Royal Canadian Mounted Police or any person authorized by him for the purpose.

Permit may be subject to terms and conditions

90(12)      The Officer Commanding may issue a permit under subsection (1) and make it subject to such conditions as to him appears necessary to ensure the safety of the public and the participants; and the person, organization or club shall comply with any conditions stated in the permit.

S.M. 1988-89, c. 14, s. 10; S.M. 1991-92, c. 25, s. 33 and 34; S.M. 1996, c. 26, s. 10; S.M. 2001, c. 43, s. 44; S.M. 2005, c. 37, Sch. B, s. 28; S.M. 2012, c. 34, s. 4; S.M. 2013, c. 39, Sch. A, s. 61.

Safety zones

91          When a municipality establishes a safety zone, it shall cause the zone to be so plainly marked or indicated by proper signs and lights as to be plainly visible at all times.

92          [Repealed]

S.M. 2004, c. 30, s. 9.

Municipal by-laws prohibiting standing, etc.

93(1)       The council of a municipality by which a traffic control device has been erected under subsection 79(3) may, by by-law

(a) provide that no person shall stop, stand, or park a vehicle on the highway or portion thereof to which the sign relates in contravention of the traffic control device or for a period longer than, or otherwise than, as authorized by the traffic control device;

(b) provide that any person who causes or permits a vehicle to remain stationary in any portion of a highway during a period when stopping on that portion thereof is prohibited as indicated by a traffic control device is guilty of an offence; and

(c) impose penalties for any breach of the by-law.

Residential parking permits

93(2)       The council of a municipality may by by-law provide for the issuance of permits to allow persons, subject to such conditions and restrictions as the by-law may provide, to park their motor vehicles on the highway notwithstanding any specific prohibitions or restrictions on parking of vehicles on that highway, as indicated by traffic control devices.

S.M. 1987-88, c. 23, s. 9; S.M. 1996, c. 26, s. 11.

REWARDS

Rewards for apprehending persons stealing motor vehicles

94(1)       By-laws may be passed by the council of a municipality for paying, on the conviction of the offender and on the order of the judge or justice before whom the conviction is had, a reward of not less than $20. to any person who pursues and apprehends or causes to be apprehended any person stealing a motor vehicle within the municipality.

Amount of reward

94(2)       The amount payable shall be in the discretion of the judge or justice, but shall not exceed the amount fixed by the by-law.

DIVISION II

SPEED RESTRICTIONS

GENERAL PROVISIONS

Speed limit in particular cases

95(1)       Subject to subsections 98(1) to (5) and section 98.1, no person shall drive a vehicle at a rate of speed greater than

(a) 50 km/h at a place within a restricted speed area if

(i) the area and the maximum permitted speed in it are designated by traffic control devices erected as required by this Act, and

(ii) the place is not a school zone in which the maximum permitted speed is governed by section 98.1 or a designated construction zone that is identified as required by subsection 77.1(2);

(b) the maximum permitted speed at a place in a school zone in which the maximum permitted speed is governed by section 98.1;

(b.1) the maximum permitted speed at a place in a designated construction zone that is identified as required by subsection 77.1(2);

(c) the maximum permitted speed at any other place as designated by traffic control devices erected as required or authorized by this Act; or

(d) 90 km/h in all places not mentioned in any of clauses (a) to (c).

Meaning of "designated construction zone" in subsection (1)

95(1.1)     In subsection (1), "designated construction zone" has the same meaning as in subsection 77.1(1).

Maximum permitted speed in a designated construction zone

95(1.2)     For the purpose of clause (1)(b.1) (speeding in a designated construction zone), the maximum permitted speed at a place in a designated construction zone is the lesser of

(a) the maximum speed otherwise permitted under clause (1)(a), (b), (c) or (d); and

(b) the maximum permitted speed

(i) established in respect of the place by a traffic control device placed or erected in accordance with section 77.1, and

(ii) stated in the traffic control device.

Where passing other vehicles prohibited

95(2)       No person driving a vehicle shall overtake or pass another vehicle while the other vehicle is passing

(a) an institution for the blind or the grounds thereof; or

(b) a school building or the grounds thereof

(i) within 15 minutes before the opening of morning classes or afternoon classes in the school, or

(ii) within 15 minutes of closing of morning classes or afternoon classes in the school; or

(c) the grounds of a school building or of an institution for the care of children, or grounds on which there is a playground or rink, while children are on the highway adjacent to those grounds; or

(d) persons engaged in constructing, maintaining, or repairing the highway;

if the existence at that place of the institution, school building, playground, rink, or persons so engaged, is indicated, in each case, by a traffic control device.

Reasonable and prudent speed

95(3)       No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent or in a manner that is not reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing; and, without restricting the generality of the foregoing, no person shall drive a vehicle on a highway at a speed otherwise permitted under this Act where

(a) the presence of a child on or near the highway, whether or not he is in close proximity to the grounds of a school building or a playground, dictates, in the interest of safety, a slower speed or the temporary stopping of a vehicle; or

(b) any factor exists in the face of which failure to reduce that speed, or to stop the vehicle temporarily, constitutes a danger to any person or property visible to the driver.

S.M. 2004, c. 30, s. 10; S.M. 2012, c. 5, s. 3; S.M. 2013, c. 21, s. 7.

Speed on service road

96(1)       Where a divided highway consists of 2 separate roadways and 1 or more service roads, notwithstanding the rate of speed permitted on the roadways of the divided highways that are not service roads, no person shall drive a vehicle on the service road

(a) where the service road is within a city, town or village, at a rate of speed that is greater than the lesser of

(i) 50 kilometres per hour, or

(ii) the speed permitted on the roadways of the divided highway that are not service roads; and

(b) where the service road is not within a city, town or village, at a rate of speed that is greater than the lesser of

(i) 90 kilometres per hour, or

(ii) the speed permitted on the roadways of the divided highway that are not service roads.

Meaning of "service road"

96(2)       In this section, "service road" means a roadway that is part of a divided highway and that is designed and constructed for use of local traffic as distinct from through traffic.

RESTRICTED OR INCREASED SPEED AREAS

Designation of restricted speed areas

97(1)       The traffic board may make orders designating

(a) any municipality or part of a municipality;

(b) any part of unorganized territory; and

(c) any highway or part of a highway;

as a restricted speed area.

Limitation to parts of year

97(2)       An order made under subsection (1) or subsection 98(2) may designate any area, highway, or part of a highway, to which those subsections refer to be a restricted area or reduced restricted speed area during only such period or periods, in any year, as may be specified in the order; and, in that event, the traffic control devices erected under section 77 respecting the restricted speed area or reduced restricted speed area shall be removed by the traffic authority at the close of each such period.

Exclusion of certain areas

97(3)       The traffic board may make orders excluding from a restricted speed area any municipality or part of a municipality or any highway or part of a highway, whether provision for the inclusion thereof in a restricted speed area is specifically made in this Act or it has been included therein by order of the traffic board.

Existing restricted speed areas continued

97(4)       Every highway or portion of a highway that, on the coming into force of this Act, is a restricted speed area is, and shall continue to be, a restricted speed area as if designated by the traffic board until such time as the traffic board, by order, otherwise directs.

Copies of orders to traffic authorities

97(5)       Upon making an order under this section the traffic board shall forthwith send a copy thereof to the traffic authority having jurisdiction in the area, or over the highway, to which the order applies.

Order permitting higher speed limit

98(1)       The traffic board may make orders fixing, for any highway or portion of a highway designated in an order, a greater maximum permitted speed than the 90 km/h mentioned in clause 95(1)(d), but the maximum permitted speed fixed by such an order may not be more than 110 km/h.

Lower rate of speed

98(2)       The traffic board may make orders fixing for any

(a) municipality or part of a municipality;

(b) part of an unorganized territory; and

(c) highway or part of a highway;

designated in the order, the maximum speed permissible which may be less than 50 kilometres per hour.

Expiration of order

98(3)       An order made under subsection (1) does not come into force and effect until confirmed by an order of the Lieutenant Governor in Council.

Copies of orders to traffic authorities

98(4)       Upon making an order under subsection (1), the traffic board shall forthwith send a copy thereof to the traffic authority having jurisdiction over the highway to which the order applies.

Compliance with orders

98(5)       When an order made under subsection (1) has been made known to drivers as required by section 77,

(a) clause 95(1)(d) does not apply to the highway or portion of a highway designated in the order while it is in effect; and

(b) no person shall drive a vehicle on the highway or portion of a highway at a speed greater than the maximum permitted speed fixed by the order.

Modified speed zones

98(6)       Despite subsection 95(1), the traffic board may, by order, designate a highway or portion of a highway as a modified speed zone and fix the maximum permitted speed for vehicles being driven in the zone, which may not be

(a) greater than 90 km/h; and

(b) less than 50 km/h.

An order under this section may also designate a highway or portion of a highway as a modified speed zone during a certain period of the year, and in that event, the traffic control devices erected under section 77 respecting the modified speed zone must be removed by the traffic authority at the end of each period.

Speed limit in modified speed zones

98(7)       No person shall drive a vehicle on a highway that has been designated as a modified speed zone and in respect of which traffic control devices have been erected and are maintained as required by subsection 77(1), at a rate of speed greater than the maximum speed fixed for that zone.

Copies of orders to traffic authorities

98(8)       Upon making an order under subsection (2) or (6), the traffic board shall forthwith send a copy thereof to the traffic authority having jurisdiction over the highway.

S.M. 1989-90, c. 4, s. 4; S.M. 1991-92, c. 25, s. 35; S.M. 2012, c. 5, s. 4.

Speed limits in school zones

98.1(1)     By making a by-law in accordance with the regulations, a traffic authority, or another local government entity prescribed in the regulations, may establish the maximum permitted speed for vehicles being driven in a school zone on a highway, including a provincial highway, that is within the geographical boundaries of the traffic authority's traffic jurisdiction or the entity's local government jurisdiction. The maximum permitted speed established under this section may be lower than the maximum permitted speed for the portion of highway containing the school zone provided for or fixed under another provision of this Act.

Designating school zones

98.1(2)     In accordance with the regulations, a traffic authority, or another local government entity prescribed in the regulations, may designate school zones on highways, including provincial highways, that are within the geographical boundaries of the traffic authority's traffic jurisdiction or the entity's local government jurisdiction.

Complying with school zone speed limit

98.1(3)     If the existence of a school zone and the maximum permitted speed in it are indicated to drivers by traffic control devices erected in accordance with the regulations, a person must not drive a vehicle in the school zone at a speed greater than the maximum permitted speed established in accordance with subsection (1).

Regulations about school zones

98.1(4)     The Lieutenant Governor in Council may make regulations

(a) respecting the exercise by a traffic authority or local government entity of the powers set out in subsections (1) and (2), including

(i) authorizing local government entities other than traffic authorities to exercise the powers set out in subsections (1) and (2),

(ii) prescribing restrictions that apply to the exercise of the power to

(A) designate portions of highways as school zones, or

(B) establish the maximum permitted speeds for vehicles being driven in school zones,

(iii) imposing requirements with which a traffic authority or local government entity must comply

(A) when it designates a portion of a highway as a school zone, which may include the requirement that the traffic authority must make the designation under a by-law, and

(B) for the designation to continue, and

(iv) imposing requirements with which a traffic authority or local government entity must comply

(A) when it establishes the maximum permitted speed for vehicles being driven in a school zone, and

(B) for the maximum permitted speed to continue to apply to the school zone;

(b) approving traffic control devices for the purposes of

(i) identifying school zones, and

(ii) indicating to drivers the maximum permitted speed for vehicles being driven in those school zones;

(c) authorizing traffic authorities and local government entities to erect traffic control devices approved by a regulation made under clause (b) and prescribing requirements with which they must comply regarding the erection, placement and maintenance of the devices;

(d) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section.

Application of regulations

98.1(5)     A regulation made under subsection (4) may be general or particular in its application and may apply to the whole or any part of the province.

Precedence of maximum speeds established under this section

98.1(6)     When a maximum permitted speed in a school zone has been established under this section,

(a) no by-law or order may be made under section 103 that affects the application of that maximum permitted speed in the school zone; and

(b) the traffic board may not make an order under section 97, 98 or 100 that raises or lowers that maximum permitted speed.

Meaning of "traffic authority"

98.1(7)     In this section, "traffic authority" does not include the minister or the owner of privately owned land on which a highway is located.

S.M. 2012, c. 5, s. 5.

Determination of speed on guilty pleas

99          Where a person pleads guilty to an offence under subsection 95(1), 98(5) or 98(7), the report of a peace officer as to the speed at which the person accused was driving the vehicle at the time the offence was committed, as determined by a speedometer or a speed timing device, is prima facie proof of the speed at which the accused was driving the vehicle.

Orders fixing minimum speed

100(1)      The traffic board may make an order fixing, for any highway or portion of a highway designated in the order, the minimum speed permissible thereon.

Copies of orders to traffic authorities

100(2)      Upon making an order under subsection (1), the traffic board shall forthwith send a copy thereof to the appropriate traffic authority with respect to the highway to which the order applies.

Erection of traffic control devices

100(3)      Where the traffic board makes an order under subsection (1), the traffic authority shall erect and maintain "Stop" or "Arrêt" signs, "Yield" or "Cédez le passage" signs, or traffic control devices at the intersection of all other highways with the highway or portion thereof to which the order applies, and shall erect and maintain at each end of the highway or the portion thereof to which the order applies and along the highway or portion thereof at intervals of not more than 4 kilometres, signs indicating the minimum rate of speed allowed thereon.

Order of peace officer directing increased speed

100(4)      Where the driver of a motor vehicle is driving at such a slow speed that he is impeding or blocking the normal and reasonable flow of traffic or is driving at a rate less than the minimum fixed under subsection (1), a peace officer may require him to increase his rate of speed or to remove the vehicle from the highway.

Regulations to decrease maximum speed

101         Notwithstanding any other provision of this Act, the Lieutenant Governor in Council may, by regulation, decrease the maximum rate of speed on all highways, designated highways or portions thereof.

Compliance with orders

102         No person shall drive a motor vehicle on a highway in respect of which an order has been made under subsection 100(1), and in respect of which traffic control devices have been erected and are maintained as required under subsection 100(3), at a rate of speed less than the minimum speed fixed for that highway or portion thereof, unless

(a) he is impeded by other traffic travelling on the highway or by the condition of the highway or the weather; or

(b) he is decelerating in compliance with the instructions on a traffic control device erected on the highway; or

(c) he is decelerating for the purpose of turning from the highway or stopping in compliance with the provisions of this Act; or

(d) he is complying with the order of a peace officer.

MUNICIPAL JURISDICTION AS TO SPEED

Speed fixed by by-law

103(1)      Subject to subsections (2), (3) and (4), the council of a municipality or the council of an Indian band on an Indian Reservation may, by by-law, fix the maximum speed at which vehicles, or any one or more classes of vehicles specified in the by-law, may be driven on any highway or part thereof, of which the municipality or the council of the band is the traffic authority and that is described in the by-law and the by-law may set out the speed limit for such period or periods, in any year, as may be specified therein and, in that event, traffic control devices erected under section 77 shall be removed by the traffic authority at the end of each period.

Limitation on speed fixed

103(2)      The maximum speed fixed in a by-law passed under subsection (1) shall not be greater than the maximum speed permissible under subsection 95(1), or fixed pursuant to section 98 in respect of a vehicle, or of a highway or portion of a highway, to which each of those provisions respectively applies.

Approval of traffic board

103(3)      After the first reading and before the second reading of a by-law passed under subsection (1), the council of the municipality or the council of the Indian band, as the case may be, shall submit the by-law to the traffic board for its approval; and that board, after the consideration of the circumstances, if it deems that the passing of the by-law would be in the public interest, may approve it.

By-law to be approved by traffic board

103(4)      A by-law passed under subsection (1) is not valid unless before the final passing thereof, it has been approved by the traffic board.

Jurisdiction of traffic board where no municipality

103(5)      With respect to any highway not in a municipality, the traffic board may exercise, by its order, the powers that a municipal council has under subsection (1).

Speed to be expressed in kilometres per hour

103(6)      Any provision of a by-law enacted under this section or under section 104 or 105 fixing the maximum speed at which vehicles, or any one or more classes of vehicles, may be driven on any highway or part thereof that, after the expiration of 3 months after the coming into force of this subsection, does not express the maximum speed in kilometres per hour is of no effect and unenforceable.

Speed limit in parks

104(1)      Notwithstanding any other provision of this Act

(a) the municipal council or other traffic authority having jurisdiction over a park or parkway; and

(b) in the case of forest reserves owned and administered by Her Majesty in right of the province, the traffic board;

may, by by-law, order, or regulation, as the case may be, fix the maximum rate of speed to be observed by drivers of vehicles in the park, parkway, or forest reserve while signs are maintained as required under section 77.

Copies of orders to ministers

104(2)      Upon making an order or regulation under subsection (1), the traffic board shall forthwith send a copy thereof to the minister and the Minister of Conservation and Water Stewardship.

Effect of subsection (1)

104(3)      Subsection (1) has effect notwithstanding that the minister is the traffic authority in respect of the forest reserves and parks to which clause (1)(b) applies.

S.M. 2001, c. 43, s. 44; S.M. 2012, c. 40, s. 60.

Limitation of speed on bridges

105(1)      A council of a municipality that is the appropriate traffic authority with respect to a highway may, by by-law, limit the rate of speed of any vehicle passing over a bridge, causeway, or viaduct, and may therein fix a penalty not exceeding $20.00 for each breach thereof, while notices are maintained as required under subsection (4).

By-laws by two municipalities

105(2)      Where two municipalities have jurisdiction over a bridge, each municipality may pass a like by-law under subsection (1) limiting the rate of speed, or one of the municipalities may do so with the approval of The Municipal Board.

Approval of traffic board

105(3)      A by-law passed under subsection (1) or (2) is not valid unless, in addition to any approval that may be required under subsection (2), before the final passing thereof it is approved by the traffic board.

Notices respecting speed limits

105(4)      Where

(a) a municipal council passes a by-law under subsection (1); or

(b) the Lieutenant Governor in Council makes regulations as provided in section 319,

(i) limiting the rate of speed at which any vehicle or class of vehicles may be driven over or on any bridge,

(ii) prescribing the days and hours within which any vehicle or class of vehicle may not be operated on any highway or any portion thereof,

(iii) prohibiting at certain times or at all times the operation of any vehicle or class of vehicles upon any specific highway or any portion thereof;

in the case of a by-law passed under subsection (1),

(c) the municipal council shall cause to be posted up and maintained in a conspicuous place at each end of the bridge, causeway, or viaduct, a notice stating the maximum speed fixed by the by-law; and

in the case of regulations made as mentioned in clause (b),

(d) the minister shall send a copy of the regulations to the appropriate traffic authority which shall erect adequate signs in conspicuous places on the highway or highways indicating the restrictions imposed by any regulations that have been made.

Posting of other speed limits

105(5)      A municipal council may cause to be posted and maintained in a suitable place any other notice that it considers necessary or advisable respecting any limit of speed.

Size of notices

105(6)      Any notice required or authorized under clause (4)(c), shall be in letters and figures at least 125 millimetres in height.

Regulations by minister

105(7)      In the case of a bridge, causeway, or viaduct on a highway in respect of which the minister is the traffic authority, the minister may make regulations for the same purpose and with the same effect as a by-law authorized under subsection (1); and on making any such regulation the minister shall cause like notices to be posted and maintained as are required under subsection (4), and may cause like notices to be posted and maintained as authorized by subsection (5), and subsection (6) applies to any such notices.

S.M. 1993, c. 48, s. 68; S.M. 1996, c. 58, s. 455; S.M. 2001, c. 43, s. 44.

EMERGENCY VEHICLES

Operation of emergency vehicles

106(1)      Notwithstanding anything in this Part, but subject to subsections (2), (3) and (4),

(a) the driver of an emergency vehicle;

(b) a peace officer driving a vehicle;

(b.1) the driver of any vehicle

(i) who is accompanied by a peace officer or is driving a vehicle that is escorted by a vehicle driven by a peace officer, or

(ii) that is carrying first aid or rescue equipment;

when responding to an emergency or when in pursuit of an actual or suspected violator of the law, may

(c) exceed the speed limit;

(d) proceed past a traffic control signal showing a red light or a stop or arrêt signal without stopping;

(e) disregard rules and traffic control devices governing direction of movement or turning in specified directions; and

(f) stop or stand.

Requirements respecting emergency vehicles

106(2)      Subject to subsection (3), the driver of a vehicle to which subsection (1) applies shall not exercise the privileges granted under that subsection unless

(a) the driver is sounding the horn or siren; and

(b) if the vehicle is an emergency vehicle, it is equipped with lighting that complies with section 38.1 for that type of emergency vehicle and the lighting is illuminated.

Application of subsection (2)

106(3)      Subsection (2) does not apply where compliance therewith

(a) is unnecessary; or

(b) would inhibit a driver in responding to an emergency or in apprehending an actual or suspected violator of the law;

and the driver is proceeding with due regard for the safety of other persons using the highway.

Safety requirements

106(4)      The driver of a vehicle to which subsection (1) applies, when exercising any of the privileges granted under that subsection, shall drive with due regard for safety having regard to all the circumstances of the case.

106(5) and (6)  [Repealed] S.M. 1996, c. 26, s. 12.

Prohibitions re use of sirens and emergency lighting

106(7)      Subject to subsection (2), the driver of an emergency vehicle on a highway shall not sound the siren or illuminate any of the forms of lighting described in section 38.1 unless the vehicle is responding to an emergency or is in pursuit of an actual or suspected violator of the law.

Exception to subsection (7)

106(7.1)    Subsection (7) does not apply to

(a) a vehicle used by a peace officer in connection with the exercise of his or her powers under section 76 or 76.1;

(b) an emergency vehicle used in a parade, special event or in a public demonstration of the use of its equipment.

Obligation of emergency motor vehicle drivers

106(8)      Nothing in this section or in subsection 35(11.1) shall be construed

(a) as permitting the driver of a motor vehicle described in subsection (1) to operate or park the motor vehicle in a negligent manner; or

(b) as relieving the driver of a motor vehicle described in subsection (1) from complying with subsection (2) or subsection 35(11) while pursuing another motor vehicle driven by a person who is attempting to avoid apprehension.

S.M. 1987-88, c. 23, s. 9.1; S.M. 1991-92, c. 25, s. 36 and 37; S.M. 1996, c. 26, s. 12.

Testing speedometers

107         Notwithstanding anything in this Part, a peace officer may exceed the speed limit while operating a motor vehicle for the purpose of testing the accuracy of the speedometer on the motor vehicle by means of a speed timing device.

DIVISION III

RULES OF THE ROAD

DRIVING ON RIGHT SIDE OF ROADWAY OVERTAKING, PASSING, ETC.

Compliance with traffic control devices

108(1)      Where a traffic authority has marked or placed on a roadway a clearly indicated directional dividing line, which may be either a broken line or a solid line, and has indicated, by traffic control devices, the part of the roadway on each side of the directional dividing line that may be used by traffic proceeding in each direction, the driver of a vehicle on the roadway shall act as indicated by the traffic control devices.

Change in position of dividing lines

108(2)      A traffic authority may mark or place directional dividing lines and the relevant traffic control devices so that, at certain times of the day, the part of the roadway available for the use of traffic proceeding in a certain direction is wider or narrower than the part available for such traffic at other times of the day.

Compliance with overhead lane direction signals

108(3)      Where a traffic authority has placed above a traffic lane a lane direction signal of a form approved by the Highway Traffic Board, displaying a downward pointing green arrow, a driver facing the signal is permitted to drive in the traffic lane over which the signal is located.

Compliance with overhead lane direction signals

108(4)      Where a traffic authority has placed above a traffic lane, a lane direction signal of a form approved by the Highway Traffic Board, displaying a red "X", a driver facing the signal shall not drive or continue to drive in the traffic lane over which the signal is located.

S.M. 1985-86, c. 12, s. 10.

Prohibition as to driving left of dividing line, and exceptions

109(1)      No driver shall drive a vehicle to the left of the directional dividing line of a roadway except,

(a) where the width of the roadway is such that it is not practicable to remain to the right of the directional dividing line; or

(b) when overtaking and passing another vehicle proceeding in the same direction; or

(c) when the roadway to the right of the directional dividing line is obstructed by a parked vehicle or other objects; or

(d) when the roadway to the right of the directional dividing line is closed to traffic; or

(e) upon a one-way roadway indicated as such as required under subsection 90(5); or

(f) when permitted under section 124.2.

Slow vehicles to keep to right

109(2)      The driver of a vehicle who is proceeding at less than the normal speed of traffic at the time and place, and under the conditions, then existing shall drive in the right-hand lane then available for traffic, or as close as practicable to the right-hand kerb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left-hand turn at an intersection or into a private road or driveway.

Application of subsection (2)

109(3)      A driver shall, prima facie, be deemed to be a driver to whom subsection (2) applies if the vehicle that he is driving is being driven at a rate of speed less than 30 kilometres per hour; but this subsection does not apply in the case of an intersection or where traffic conditions are such that even a rate of speed less than 30 kilometres per hour may be a rate greater than the maximum speed at which a person driving with due care and attention and with reasonable consideration for other persons should drive.

Driving around rotary traffic island

109(4)      A driver when passing around a rotary traffic island shall drive to the right of the island.

S.M. 1991-92, c. 24, s. 2.

Definitions

109.1(1)    The following definitions apply in this section.

"designated vehicle" means the following motor vehicles:

(a) a roadside assistance vehicle;

(b) a government enforcement officer's vehicle;

(c) a vehicle that is prescribed in the regulations. (« véhicule désigné »)

"emergency beacon" means

(a) any of the lamps provided for in clauses 38.1(1)(b) or (c), 38.1(2)(b) or (c), or 38.1(3)(b) or (c); or

(b) an emergency beacon prescribed in the regulations. (« feux d'urgence »)

"emergency vehicle" means

(a) a vehicle used by a police force;

(b) a vehicle used by a fire department; or

(c) a vehicle used by an ambulance service. (« véhicule d'urgence »)

"government enforcement officer" means an employee of the government who is appointed under an Act to enforce the Act or another Act or to enforce a regulation made under an Act. (« agent d'exécution du gouvernement »)

"government enforcement officer's vehicle" means a motor vehicle used by a government enforcement officer to carry out his or her duties on a highway. (« véhicule d'agent d'exécution du gouvernement »)

"roadside assistance vehicle" means the following motor vehicles:

(a) a tow truck or another motor vehicle that is equipped to remove from the highway a vehicle that is damaged, disabled or inoperable, whether by hoisting and towing it or loading and carrying it away;

(b) a motor vehicle that is used to provide service or minor repair at roadside to a vehicle that is damaged, disabled or inoperable, including battery service, tire changing and repairs and locked vehicle service;

but does not include a class of motor vehicles that is excluded from this definition by the regulations. (« véhicule d'assistance routière »)

Approaching an emergency or designated vehicle

109.1(2)    Subject to subsection (4), the driver of a vehicle must take the safety precautions set out in subsections (2.1) and (3) when approaching one of the following vehicles that is stopped on the highway or is engaged in a roadside assistance or enforcement activity prescribed by the regulations or in another prescribed activity:

(a) an emergency vehicle that has its emergency beacon in operation;

(b) a designated vehicle that, in accordance with this Act and the regulations, is using

(i) an emergency beacon or other lighting equipment, and

(ii) if applicable, warning or safety signs or equipment.

Basic safety precautions and maximum speed

109.1(2.1)  The driver of the approaching vehicle must

(a) slow the approaching vehicle to not more than

(i) 40 km/h if the speed limit in the location of the emergency vehicle or designated vehicle is more than 40 km/h but not more than 79 km/h, and

(ii) 60 km/h if the speed limit in the location of the emergency vehicle or designated vehicle is 80 km/h or more;

(b) not exceed the speed required by clause (a) until the approaching vehicle has passed the emergency vehicle or designated vehicle;

(c) proceed with caution to ensure that the approaching vehicle does not collide with the emergency vehicle or designated vehicle and does not endanger any person outside of it; and

(d) pass the emergency vehicle or designated vehicle only if it is safe to do so.

Two or more lanes of traffic in same direction

109.1(3)    In addition to complying with subsections (2) and (2.1), the driver of the approaching vehicle must move it into a traffic lane farther from the emergency vehicle or designated vehicle if

(a) the approaching vehicle is travelling in the traffic lane occupied by the emergency vehicle or designated vehicle, or in a traffic lane adjoining the part of the highway occupied by the emergency vehicle or designated vehicle;

(b) there are two or more traffic lanes on the side of the highway on which the approaching vehicle is travelling; and

(c) the movement can be made safely.

Exception — vehicles on opposite sides of divided highway

109.1(4)    This section does not apply if the approaching vehicle is on a divided highway and the directional dividing line is between the approaching vehicle and the emergency vehicle or designated vehicle.

S.M. 2004, c. 30, s. 11; S.M. 2010, c. 7, s. 3; S.M. 2013, c. 4, s. 3.

Rules re driving on laned roadways

110         Unless he is required to yield the right-of-way to an emergency vehicle or other vehicle to which subsection 106(1) applies, or unless he is otherwise directed or authorized by a peace officer or by a traffic control device, a driver who is driving a vehicle on a laned roadway shall comply with the following provisions, namely:

(a) He may drive from one lane to another where one or more broken lines only exist between lanes.

(b) Except as provided in clauses (c) and (d), he shall not drive from one lane to another where such action necessitates the crossing of a solid line.

(c) When a solid line and a broken line exist together, he may, with caution, cross the solid line from the lane in which the broken line is located, and recross.

(d) He may, with caution, cross a solid line when necessary to turn left into a private road or driveway or when necessary on entering the roadway from a private road or driveway.

(e) He shall not drive from one lane to another without first signalling his intention to do so in the manner prescribed by sections 125 and 126.

(f) When approaching an intersection and intending to turn left or when intending to turn left into a private road or driveway, he shall travel in the left-hand lane available to traffic moving in the direction of the travel of the vehicle.

(g) When approaching an intersection and intending to turn right, he shall travel in the lane nearest to the right-hand side of the roadway and may pass another vehicle travelling in the same direction in a lane to his left; and when making the turn he shall keep as close as is practicable to the right-hand side of the roadway.

(h) He shall not use the centre lane of a three-lane roadway except when passing another vehicle proceeding in the same direction, or when approaching an intersection where he intends to turn to the left, or when that lane is designated for traffic moving in the direction of travel of his vehicle.

(i) Subject to section 115, when overtaking another vehicle that is travelling in the same direction, he shall in passing keep to the left of the other vehicle and where there are two or more lanes available to traffic moving in that direction, he shall in passing keep to the right of the directional dividing line.

(j) Where a traffic control device directs slow-moving traffic to use a designated lane, when driving slowly he shall use that lane only.

(k) Subject to section 115, when being overtaken by another vehicle travelling in the same direction,

(i) he shall allow that vehicle to pass and shall travel in the lane nearest to the right-hand side of the roadway or in a manner that allows the overtaking vehicle free passage to the left in a lane available to traffic moving in the direction of the travel of his vehicle, and

(ii) he shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

(l) Except when crossing from one lane to another as permitted herein, he shall at all times keep the vehicle he is driving wholly within one lane.

Rules for riding a moped or mobility vehicle

111         A person who operates a moped or mobility vehicle on a highway shall

(a) operate it as closely as practicable to the right-hand edge or curb of the roadway, unless the highway is designated for traffic in one direction and has three or more traffic lanes;

(b) operate it as closely as practicable to the right- or left-hand edge or curb of the roadway, if the highway is designated for traffic in one direction and has three or more traffic lanes;

(c) except when overtaking or passing, not operate it beside another moped or mobility vehicle, or a bicycle or power-assisted bicycle, that is operating in the same lane; and

(d) at all times, keep at least one hand on the handlebar.

S.M. 2004, c. 30, s. 12.

Keeping to right when meeting

112(1)      The driver of a vehicle shall keep to his right when he is meeting another vehicle that is moving.

Yielding half of roadway

112(2)      The driver of a vehicle upon a roadway that has a width for only one line of traffic in each direction shall, when meeting another vehicle that is moving, give to the other vehicle at least one-half of the roadway as nearly as possible.

Passing on very narrow roadways

112(3)      If it is impracticable for drivers of moving vehicles that are meeting one another

(a) each to give to the other at least one-half of the roadway; or

(b) to pass each other on the right;

each of the drivers shall immediately stop his vehicle and before proceeding to pass the other shall take all reasonable steps to learn whether he can do so with safety to himself and others; and, if required, each of the drivers shall assist the other to pass in safety.

Slow driver to proceed in right hand lane

112(4)      Subject to subsection (5), where a driver of a vehicle is proceeding at a slower rate of speed than other traffic he shall

(a) drive in the extreme right hand lane where the roadway has 2 or more lanes; or

(b) drive as closely as is practicable to the right hand edge or curb of the roadway.

Non-application of subsection (4)

112(5)      Subsection (4) does not apply where

(a) the driver is overtaking other vehicles proceeding in the same direction; or

(b) the driver intends to turn to the left; or

(c) the right hand lane or edge of the roadway is impassable or otherwise obstructed; or

(d) the driver is directed by a traffic control device, a peace officer or flagman to drive in another lane or part of the roadway.

Use of lights

113(1)      Where a motor vehicle is operated on a highway during the times mentioned and is equipped as provided in subsection 36(1), the driver thereof

(a) may use either the high beam or the low beam if the beam used is sufficient to reveal persons and vehicles on the highway at a safe distance in advance of the vehicle; and

(b) shall dim the headlights or deflect the beams issuing therefrom when he is at a distance of not less than 450 metres from a motor vehicle that he is meeting; and shall keep the headlights dimmed or the beams deflected until he has passed the other motor vehicle.

Low beam when following close

113(2)      When such a motor vehicle is following another vehicle and is within 60 metres thereof, unless it is overtaking and about to pass the other vehicle, the driver shall use the low beam.

Rules when overtaking

114(1)      Except as provided in section 115, a driver overtaking another vehicle or bicycle proceeding in the same direction

(a) shall pass to the left thereof at a safe distance; and

(b) shall not return to the right side of the highway until safely clear of the overtaken vehicle or bicycle.

Rules when being overtaken

114(2)      Except when overtaking and passing on the right is permitted, a driver of a vehicle being overtaken,

(a) upon hearing or seeing any signal given from the overtaking vehicle, shall give way to the right in favour of the overtaking vehicle; and

(b) shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

S.M. 1989-90, c. 56, s. 11.

Overtaking on right prohibited with exceptions

115(1)      A driver shall not overtake and pass upon the right of another vehicle, except

(a) when the vehicle overtaken is making a left turn or its driver has signalled his intention to make a left turn; or

(b) when on a laned roadway there are two or more unobstructed lanes available to traffic moving in the direction of travel of the vehicle; or

(c) upon a one-way roadway, where the roadway is free from obstructions and is of sufficient width for two or more lines of moving vehicles.

Where no exceptions

115(2)      Notwithstanding subsection (1), no driver shall overtake and pass another vehicle upon the right,

(a) when the movement cannot be made with reasonable safety; or

(b) by driving off the roadway.

No driving to left unless clear view

116(1)      No driver shall drive a vehicle to, or upon the left side of, the directional dividing line of a roadway, other than a one-way roadway, when he has not a clear view of the highway for a safe distance having regard for all the circumstances.

Safety requirements

116(2)      Without restricting the generality of subsection (1), no driver shall drive a vehicle to, or upon the left side of, the directional dividing line of a roadway in overtaking and passing another vehicle unless the left side of the roadway is clearly visible and is free of oncoming and overtaking traffic for a sufficient distance ahead to permit the overtaking and passing to be completed without interfering with the safe operation of another vehicle.

Driving to left absolutely prohibited

116(3)      No driver shall drive a vehicle to, or upon the left side of, the directional dividing line of a roadway other than a one-way roadway,

(a) upon or approaching

(i) the crest of a grade, or

(ii) an upgrade, downgrade, or curve,

where the driver has not a clear view of the highway for a distance of at least 150 metres or his view is obstructed within such distance greater than 150 metres as to create a hazard; or

(b) upon a portion of a highway designated by a traffic control device as a portion thereof upon which overtaking and passing is prohibited; or

(c) upon, or when approaching and within 90 metres of, an intersection or level crossing that is outside a city, town or village; or

(d) when the driver's view is obstructed upon approaching within 30 metres of a bridge, viaduct, or tunnel.

Where clause (3)(c) not applicable

116(4)      The prohibition in clause (3)(c) does not apply in cities where there is a paved highway of sufficient width to permit such overtaking and passing to be made in safety.

Following too closely prohibited

117(1)      No driver shall follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles, and the amount and nature of traffic upon, and the condition of, the highway.

Distance required between certain vehicles

117(2)      Where the driver of a truck, a public service vehicle, or a motor vehicle that is drawing another vehicle or a piece of equipment is upon a roadway outside a restricted speed area and is following a truck, a public service vehicle, or a motor vehicle that is drawing another vehicle or a piece of equipment, unless he intends to overtake and pass the vehicle ahead, he shall, if conditions permit, leave not less than 90 metres between his vehicle and the vehicle or piece of equipment ahead that is being so drawn.

Space between vehicles in motorcade

117(3)      The driver of a motor vehicle in a caravan or motorcade, other than a funeral procession, outside a restricted speed area, shall leave sufficient space between his vehicle and any other vehicle or combination of vehicles in the caravan or motorcade to enable a vehicle to enter and occupy that space without danger; and he shall, in so far as practicable, drive his vehicle on the extreme right-hand side of the roadway.

Vehicles in funeral processions

117(4)      The driver of a motor vehicle in a funeral procession shall, in so far as practicable, drive his vehicle on the extreme right-hand side of the roadway.

Funeral processions

117(5)      Notwithstanding anything in this Part, the council of a municipality may, by by-law, provide that, in the case of a funeral procession indicated as such by the headlamps of all the motor vehicles therein being lighted, or in such other manner as may be prescribed in the by-law,

(a) if the driver of the leading vehicle therein has complied with sections 85 and 88, the driver of each of the other vehicles therein, upon approaching

(i) a traffic control signal showing a red traffic control light or a "stop" or "arrêt" signal, or

(ii) a "stop" or "arrêt" sign,

shall cause the vehicle to slow down or stop as may be necessary for safety, but may then proceed cautiously past the traffic control signal or "stop" or "arrêt" sign; and

(b) after passing the traffic control signal or "stop" or "arrêt" sign, the driver of each of the other vehicles in the procession shall have the right-of-way over all other vehicles upon the highway at the intersection or place where the signal or sign is situated.

Following fire apparatus too closely

118         A driver, other than the driver of an emergency vehicle, shall not follow fire apparatus more closely than is reasonable in the circumstances, or drive or park on any street nearer to a place on the same street on which fire apparatus has stopped in answer to a fire alarm, than is reasonable in the circumstances.

Driving over fire hoses

119         Unless he has received consent of the fire department official in command, a person shall not drive a vehicle over an unprotected hose of a fire department when laid down on a street or private driveway, at a fire or an alarm of fire.

Certain exceptions for trolley buses

120         Where a provision of this Part would prohibit a movement of a trolley bus required by the position of overhead wires, that provision does not apply to the operation of the trolley bus as the position of those wires may require.

TURNING, STARTING, AND SIGNALS

Turning at intersections

121(1)      No person shall turn a vehicle at an intersection unless the vehicle is in the position upon the highway required by this section.

Turning right

121(2)      Where a driver intends to turn right at an intersection he shall approach the intersection and make the turn as close as practicable to the right-hand kerb or edge of the roadway.

Turning left

121(3)      Where a driver intends to turn left at an intersection where traffic is permitted to move in both directions on each roadway entering the intersection, he shall

(a) approach the intersection in the part of the roadway to the right of the directional dividing line thereof that is nearest to the directional dividing line, and on a laned roadway, in the extreme left-hand lane available to traffic moving in the direction of travel of the vehicle he is driving;

(b) keep to the right of the directional dividing line at the place where it enters the intersection;

(c) after entering the intersection, make a left turn so as to leave the intersection at a point to the right of the directional dividing line of the highway being entered; and

(d) when practicable, make the left turn in the portion of the intersection to the left of the centre of the intersection, passing as closely as practicable thereto.

Certain left turns from one-way roadway

121(4)      When a driver intends to turn left at an intersection from a one-way roadway into a roadway on which traffic is permitted to move in both directions, he shall approach the intersection as closely as practicable to the left-hand kerb or edge of the roadway, and after entering the intersection shall make the left turn so as to leave the intersection at a point to the right of, and as close as practicable to, the directional dividing line of the roadway being entered.

Turning left from two-way roadway

121(5)      When a driver of a vehicle intends to turn left at an intersection from a roadway on which traffic is permitted in both directions into a one-way roadway, he shall approach the intersection in the part of the roadway to the right of the directional dividing line thereof that is nearest to the directional dividing line and, on a laned roadway, in the extreme left-hand lane available to traffic moving in the direction of travel of the vehicle he is driving and after entering the intersection shall make the left turn by passing as closely as practicable to the left-hand kerb or edge of the roadway being entered.

Left turn from one-way roadway to another one-way roadway

121(6)      When a driver of a vehicle intends to turn left at an intersection from a one-way roadway into another one-way roadway, he shall approach the intersection as closely as practicable to the left-hand kerb or edge of the roadway and after entering the intersection shall make the left turn by passing as closely as practicable to the left-hand kerb or edge of the roadway being entered.

Turning required by traffic control device

121(7)      Where at an intersection there is a traffic control device indicating the course to be travelled by drivers turning at the intersection, no driver shall turn a vehicle at the intersection in a manner other than as directed by the traffic control device.

Safety requirement

121(8)      No person shall turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course, or move right or left upon a highway, unless the movement can be made with safety.

STOPPING, STANDING, OR PARKING

Where stopping, standing, parking prohibited

122(1)      Except when necessary to avoid conflict with traffic or to comply with another provision of this Act or the regulations under this Act or the directions of a peace officer or traffic control device, no person shall stop, stand, or park a vehicle

(a) on a sidewalk;

(b) in front of a driveway;

(c) within an intersection or within 3 metres thereof or such greater distance as may be prescribed by the appropriate traffic authority;

(d) within three metres from the point on the curb or edge of the roadway immediately opposite a fire hydrant;

(e) on a crosswalk;

(f) within 3 metres of the approach side of a crosswalk;

(g) within 9 metres upon the approach to any flashing beacon, stop or arrêt sign, or traffic control signal situated at the side of a roadway, or within such greater distance therefrom as may be prescribed by the appropriate traffic authority;

(h) within 30 metres of the nearest rail of a railway crossing, or, except in the case of a railway crossing a provincial trunk highway, within such greater or lesser distance therefrom as may be prescribed by the appropriate traffic authority;

(i) within 6 metres of a driveway entrance to a fire station, or on the side of a street opposite the entrance to a fire station within 30 meters of the entrance when properly marked with signs, or, except in the case of a fire station adjoining or facing a provincial highway, within such greater or lesser distance as may be prescribed by the appropriate traffic authority;

(j) alongside or opposite a street excavation or obstruction when stopping, standing, or parking obstructs traffic;

(k) on the roadway side of a vehicle stopped or parked at the edge or kerb of a street;

(l) upon a bridge or other elevated structure upon a highway or within a highway tunnel;

(m) in a place in contravention of a traffic control device that gives notice that stopping, standing, or parking is there prohibited or restricted;

(n) at a curve upon a highway outside a city, town, or village, unless a clear view of the vehicle may be obtained from a distance of at least 60 metres in each direction upon the highway;

(o) in such manner that

(i) it constitutes a hazard on the highway, or

(ii) it is parked in contravention of any provision of this Act or of a municipal by-law passed pursuant to this Act;

(p) on a highway for more than one hour within the period from three o'clock in the morning to six o'clock in the morning when parking on the highway for more than one hour during that period is prohibited by by-law of the appropriate traffic authority and subsection 90(5) does not apply to such a by-law;

(q) on a highway from 11 o'clock in the evening of one day until six o'clock in the morning of the following day, where stopping during that period is prohibited by by-law of the appropriate traffic authority and subsection 90(5) does not apply to such a by-law.

When parking permitted in intersection, crosswalk etc.

122(1.1)    Notwithstanding clauses (1)(c), (e) and (f), a person may park a vehicle next to the edge or curb of a "T" intersection when a traffic authority permits and there is a traffic control device displayed that permits parking.

Definition

122(1.2)    In subsection (1.1), "'T' intersection" means an intersection formed when two highways join one another at an angle but do not cross.

Parking distance from rail crossing

122(1.3)    When the traffic authority that prescribes a greater or lesser stopping, standing or parking distance under clause (1)(h) is a municipal council, it must prescribe the distance by by-law.

By-laws affecting provincial highways

122(1.4)    When a by-law of a municipal council under subsection (1.3) affects a provincial highway, the by-law has no effect unless it is approved in writing by the minister or the minister's delegate, and the notice of approval is attached to and forms part of the by-law.

Withdrawal of approval

122(1.5)    The minister or the minister's delegate may, by a notice in writing, withdraw an approval given under subsection (1.4), and the withdrawal is effective, and the by-law previously approved is void, on and from the date set out in the notice.

Parking other vehicles

122(2)      No person shall move a vehicle that is not lawfully under his control into any of the places mentioned in subsection (1).

S.M. 1987-88, c. 23, s. 10; S.M. 1989-90, c. 56, s. 12; S.M. 1996, c. 26, s. 13; S.M. 2001, c. 19, s. 16; S.M. 2004, c. 30, s. 13.

Parking on right required

123(1)      Except when a traffic authority otherwise permits, or on a one-way roadway when not forbidden by the traffic authority, a driver shall not stop, stand, or park a vehicle other than on the right side of a highway and with the right-hand wheels parallel to that side, and where there is a kerb, within 450 millimetres of the kerb.

Parking on one-way roadways

123(2)      Except when a traffic authority otherwise permits, a driver shall not stop, stand, or park a vehicle on a one-way roadway otherwise than on one side of the highway with the length of the vehicle parallel to that side, and where there is a kerb, with the right-hand wheels within 450 millimetres of the kerb on the right-hand side of the vehicle or with the left-hand wheels within 450 millimetres of the kerb on the left-hand side of the vehicle.

Parking on divided highways

123(3)      In the case of a divided highway, vehicles may be parked only on one side of each roadway thereof and, subject to that restriction, for the purposes of this section, each roadway thereof shall be deemed not to be a one-way roadway; and subsection (1) applies thereto.

Moving parked vehicles

124(1)      No person shall cause a vehicle that is stopped, standing, or parked, to move unless the movement can be made with reasonable safety.

Duty before moving, turning, etc.

124(2)      The driver of a vehicle upon a highway, before starting, stopping, or turning from a direct line,

(a) shall use reasonable care to ascertain that the movement can be made in safety; and

(b) shall reasonably indicate his intention by a visible signal.

PHYSICALLY DISABLED PERSONS PARKING

Definitions

124.1       In sections 124.2 to 124.9,

"designated parking space" means a parking space designated by signs or pavement markings as being for the sole use of motor vehicles displaying a permit and that is located

(a) on a highway,

(b) in a public parking lot or facility, or

(c) in a private parking lot or facility to which the public has access; (« aire de stationnement désignée »)

"permit" means a physically disabled person's parking permit issued under section 124.3. (« permis »)

S.M. 1991-92, c. 24, s. 3.

Disabled persons parking on the left

124.2(1)    Subject to subsection (2), a driver who is the holder of a permit may, when it is necessary for the driver to enter or egress from a motor vehicle,

(a) drive the motor vehicle on the left side of a highway the minimum distance required to stand, stop or park a vehicle on the left side of a highway; and

(b) notwithstanding subsection 123(1), stand, stop or park the motor vehicle on the left side of a highway with the left-hand wheels thereof parallel to that side and, where there is a curb, within 450 millimetres of the curb.

Application of subsection (1)

124.2(2)    Subsection (1) applies only

(a) in a city or town;

(b) on a highway other than a divided highway;

(c) where the motor vehicle displays a permit in accordance with this Act and the regulations;

(d) where the motor vehicle's emergency lamps, as described in subsection 37(13), are lighted intermittently or put into a flashing operation; and

(e) where the driver drives or stands, stops or parks the motor vehicle with due regard for the safety of other users on the highway and complies with all other lawful requirements.

S.M. 1991-92, c. 24, s. 3.

Permit issuance

124.3(1)    The minister may issue a physically disabled person's parking permit to a person or organization that meets the requirements prescribed in the regulations and applies in the form required by the minister.

Delegation of authority to issue permits

124.3(2)    The minister may delegate the authority to issue permits under subsection (1), and when the authority is delegated, the delegate may issue a permit to a person or organization that meets the requirements prescribed in the regulations and applies in the form required by the delegate.

Charge for permit issued by delegate

124.3(3)    When a permit is issued under subsection (2), the delegate is entitled to retain the amount of the charge for the permit that is specified in the regulations.

Permit issued by another jurisdiction

124.3(4)    A valid physically disabled person's parking permit, decal, placard or other similar device issued by a competent authority outside the province is deemed to be a permit issued under this section, but it expires 3 months after the holder becomes a resident of the province.

Transitional

124.3(5)    A physically disabled person's parking decal, placard or other similar device issued in the province by a government department, municipality, corporation or organization that is valid on the day this section comes into force is deemed to be a permit issued under this section until the decal, placard or device expires or until six months after this section comes into force, whichever comes first.

S.M. 1991-92, c. 24, s. 3; S.M. 2005, c. 37, Sch. B, s. 29.

Authorized use

124.4       A valid permit authorizes the permit holder or a person who is transporting the permit holder to stop, stand or park a motor vehicle in a designated parking space if the permit is used and displayed in accordance with this Act and the regulations.

S.M. 1991-92, c. 24, s. 3.

Unauthorized use

124.5       No person shall

(a) have in his or her possession a permit that is fictitious, altered, or obtained contrary to this Act or the regulations;

(b) display a permit in a motor vehicle parked in a designated parking space when the holder is not transported in the vehicle;

(c) display a permit that is cancelled or has expired; or

(d) display or use a permit otherwise than in accordance with this Act and the regulations.

S.M. 1991-92, c. 24, s. 3.

Permit cancellation

124.6(1)    On being satisfied that

(a) a permit has been obtained or used in contravention of this Act, the regulations or a by-law of a municipality;

(b) a permit has been lost, stolen, defaced, or altered; or

(c) a permit holder no longer meets the requirements of the regulations;

the minister, or a delegate of the minister who issued the permit, may cancel the permit and may refuse to replace, re-issue, or renew the permit.

Return of cancelled permit

124.6(2)    On receiving notification served personally or by registered mail that a permit has been cancelled by the minister or a delegate of the minister, the permit holder shall immediately deliver the cancelled permit to the minister, or, if the permit was issued by a delegate of the minister, to the delegate.

Appeals

124.6(3)    A person may, in accordance with the regulations, appeal to the medical review committee if his or her

(a) application for a physically disabled person's parking permit under section 124.3 is denied; or

(b) physically disabled person's parking permit is cancelled, or the replacement, reissue or renewal of the permit is refused;

on the grounds that the person no longer meets the requirements of the regulations.

S.M. 1991-92, c. 24, s. 3; S.M. 2004, c. 30, s. 14; S.M. 2005, c. 37, Sch. B, s. 30.

Permit inspection and surrender

124.7(1)    Every person having possession of a permit shall, upon the demand of a peace officer, surrender the permit for reasonable inspection to ensure that the provisions of this Act, the regulations and any by-law of a municipality are being complied with.

Permit retained by peace officer

124.7(2)    A peace officer to whom a permit has been surrendered may retain it if the peace officer believes on reasonable grounds that the permit

(a) is fictitious or was not issued under this Act;

(b) was obtained under false pretenses;

(c) has been defaced or altered;

(d) has expired or been cancelled; or

(e) is being or has been used in contravention of this Act, the regulations or a by-law of a municipality.

Notification of retention of permit

124.7(3)    A peace officer who retains a permit under subsection (2) shall without delay notify the minister or the delegate of the minister who issued the permit of

(a) the permit issuance number, if the permit is numbered;

(b) the name and address of the person who was in possession of the permit; and

(c) the date the permit was retained.

S.M. 1991-92, c. 24, s. 3; S.M. 2005, c. 37, s. 30.

Entry on private land

124.8       A peace officer may enter on private land for the purpose of enforcing this Act and the regulations, and while so engaged is not liable for trespass.

S.M. 1991-92, c. 24, s. 3.

Regulations

124.9       The Lieutenant Governor in Council may make regulations

(a) prescribing the form and design of permits and the information to be shown on them;

(b) prescribing the requirements for obtaining a permit;

(c) respecting the issuance, renewal, cancellation and replacement of permits;

(d) governing the manner of displaying permits on or in motor vehicles;

(e) prescribing the fees for issuance of permits;

(e.1) governing appeals under subsection 124.6(3), and requiring a person making an appeal to pay an appeal fee, and prescribing the amount of the appeal fee;

(f) respecting any matter necessary or advisable to carry out effectively the intent and purpose of sections 124.1 to 124.8.

S.M. 1991-92, c. 24, s. 3; S.M. 2004, c. 30, s. 15.

SIGNALS

Giving of signals generally

125(1)      Subject to subsection (2), where a signal is required, a driver, or the operator of a bicycle or power-assisted bicycle, shall give it by means of

(a) his or her hand and arm; or

(b) a "stop" signal lamp or turning signal lamp, as the case requires, of the kind required or authorized under this Act to be carried; or

(c) a mechanical device of a type that has been approved by the traffic board.

Giving of signals where hand signals not visible

125(2)      Where a vehicle is constructed or loaded in a manner that makes a signal by hand and arm not visible to both its front and rear, a driver shall give signals as provided in clause (1)(b) or (c).

S.M. 2004, c. 30, s. 16.

Hand signals

126(1)      The driver of a left-hand drive motor vehicle or the operator of a bicycle, power-assisted bicycle, moped or mobility vehicle giving a hand signal shall do so from the left side of the vehicle and

(a) to signify a left turn, shall extend his or her left arm horizontally from the vehicle;

(b) to signify a right turn, shall extend his or her left arm from the vehicle with the upper arm horizontal and forearm pointing vertically upward; and

(c) to signify a stop or a decrease in speed, shall extend his or her left arm from the vehicle with the upper arm horizontal and forearm pointing vertically downward.

Right turns — bicycles and power-assisted bicycles

126(2)      Despite subsection (1), the operator of a bicycle or power-assisted bicycle may signify a right turn by extending his or her right arm horizontally from the right side of the vehicle.

S.M. 1989-90, c. 56, s. 13; S.M. 1991-92, c. 25, s. 38; S.M. 2004, c. 30, s. 17.

Signals required for sudden stops

127(1)      When there is an opportunity to give a signal, no driver shall stop or suddenly decrease the speed of a vehicle without first giving the appropriate signal under sections 125 and 126.

Giving of appropriate signal for safe movement

127(2)      Where traffic may be affected by turning a vehicle, no person shall turn a vehicle without giving the appropriate signal under sections 125 and 126, and using reasonable care to ascertain that the movement can be made in safety.

Continuous signals

127(3)      Where a signal of intention to turn right or left is required, a driver shall, before making the turn, give the signal continuously for sufficient distance to warn traffic.

RIGHT-OF-WAY

General right-of-way rule

128         Except as provided in section 130, where two vehicles enter an intersection from different highways at approximately the same time and there is at the intersection no traffic control device directing the driver of one of the vehicles to yield the right-of-way, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right; but, where there is a traffic control device at the intersection directing the driver of one of the vehicles to yield the right-of-way, he shall yield the right-of-way to all other traffic as provided in section 133.

Right-of-way on left turn

129         When a driver is within an intersection and intends to turn left he shall yield the right-of-way to traffic that is approaching from the opposite direction and is within the intersection or so close that it constitutes an immediate hazard; but having yielded and having given a signal as required by sections 125 and 126, the driver may make a left turn if he can do so safely.

Right-of-way after a required stop

130         Where a driver is about to enter another highway at the intersection with which he is required, under section 136, to stop and he has stopped in compliance with that section

(a) he shall yield the right-of-way to traffic that has entered the intersection upon the other highway or that is approaching thereon and is so close that it constitutes an immediate hazard; and

(b) he shall not proceed until he can do so in safety.

Right-of-way in restricted speed areas

131(1)      When a driver, within a restricted speed area, is emerging from a private road, alley, lane, driveway, or building, he shall stop the vehicle immediately before driving onto the sidewalk or onto the sidewalk area extending across the private road, alley, lane, or driveway and he shall yield the right-of-way to traffic that is approaching on the highway and is so close that it constitutes an immediate hazard.

Right-of-way when entering highway

131(2)      When a driver is about to enter or cross a highway from a private road, alley, lane, driveway, or building, he shall yield the right-of-way to traffic that is approaching on the highway and is so close that it constitutes an immediate hazard.

Stopping or entering provincial highways

131(3)      When a driver of a vehicle, outside a restricted speed area, is emerging from a private road or private driveway onto a provincial highway, he shall, before crossing the boundary of the roadway, and within 5 metres thereof, bring the vehicle to a stop, yield the right-of-way to traffic that is approaching on the highway and is so close that it constitutes an immediate hazard, and shall not proceed until he can do so in safety.

Proceeding when safe

131(4)      A driver to whom subsection (1), (2) or (3) applies, having yielded the right-of-way as required in those subsections, shall not proceed until he can do so in safety.

Emergency vehicles to have right-of-way

132         Unless otherwise directed by a peace officer, a driver of a vehicle on a highway shall, on the immediate approach of an emergency vehicle that is sounding its siren and has illuminated the lighting required under section 38.1,

(a) yield the right-of-way to the emergency vehicle by immediately driving to a position parallel to and as close as possible to the curb of the roadway and clear of any intersection; and

(b) stop and remain stopped until the emergency vehicle has passed.

S.M. 1996, c. 26, s. 14.

Right-of-way at "Yield" or "Cédez le passage" signs

133(1)      A driver approaching a "yield" or "cédez le passage" sign adjacent to an intersection shall slow down to a speed reasonable under the existing conditions or shall stop if necessary as provided in subsection (2), and shall yield the right-of-way to a pedestrian crossing the roadway on which he is driving and to traffic in the intersection or that is approaching on the intersecting roadway and is so close that it constitutes a hazard; and, having yielded, he may proceed with caution.

Stopping at "Yield" or "Cédez le passage" signs

133(2)      Except when a peace officer directs otherwise, where there is, adjacent to an intersection, a "yield" or "cédez le passage" sign, the driver of a vehicle, if required for safety to stop, shall stop at a clearly marked stop line or, if none, then immediately before entering the crosswalk on the near side of the intersection or, if none, then immediately before entering the intersection.

SPECIAL STOPS

Definitions

134(1)      The following definitions apply in this section.

"flag person" includes a crew member of a railway train who, in connection with the train's operation, directs traffic or warns people on a highway. (« signaleur »)

"uncontrolled railway crossing" means a railway crossing at which traffic is not controlled by a "stop" or "arrêt" sign, an electrical or mechanical traffic control device, a crossing gate or a flag person, but does not include an industrial spur railway crossing within a restricted speed area. (« passage à niveau non contrôlé »)

Stopping at railway crossings

134(2)      The driver of a vehicle approaching a railway crossing shall stop the vehicle before proceeding across the crossing if

(a) a "stop" or "arrêt" sign is erected at the crossing;

(b) a clearly visible electrical or mechanical traffic control device at the crossing is signalling the proximity or passing of a railway train;

(c) a crossing gate is lowered or partly lowered, or a flag person is signalling the proximity or passing of a railway train; or

(d) a railway train is in dangerous proximity to the crossing and is giving an audible signal or is visible.

Stopping at uncontrolled railway crossings

134(3)      Without limiting the application of subsection (2), a driver shall also stop before proceeding across an uncontrolled railway crossing if the driver is driving one of the following vehicles:

(a) a bus carrying passengers for compensation;

(b) a school bus carrying children;

(c) a vehicle designed or used to carry flammable liquid or gas, whether or not it is empty.

Additional requirements for particular vehicles

134(4)      While a vehicle described in clause (3)(a), (b) or (c) is stopped as required by subsection (2) or (3), the driver shall

(a) look in both directions along the railway track for an approaching railway train;

(b) listen for signals indicating the approach of a railway train; and

(c) if the vehicle is a bus or school bus, open the door of the vehicle.

Required stopping distances

134(5)      In any case mentioned in subsection (2) or (3), the driver shall stop the vehicle

(a) not less than 5 m from the nearest rail of the crossing, if the crossing is in a restricted speed area; or

(b) not less than 15 m from the nearest rail of the crossing in any other case.

Proceeding across a railway crossing

134(6)      After stopping, the driver shall not proceed unless he or she can do so safely and without stopping before clearing the crossing, and

(a) in a case described in clause (2)(b), unless

(i) the electrical or mechanical traffic control device is no longer signalling the proximity or passing of a railway train, or

(ii) a peace officer or flag person directs the driver to proceed;

(b) in a case described in clause (2)(c), unless

(i) the crossing gate is completely raised or the flag person is no longer signalling the proximity or passing of a railway train, or

(ii) a peace officer or flag person directs the driver to proceed; and

(c) in a case described in clause (2)(d), unless the railway train is no longer in dangerous proximity to the crossing.

Proceeding when train is stopped

134(7)      Despite clause (6)(a), a driver who stops at a railway crossing because an electrical or mechanical traffic control device is signalling the proximity of a railway train may proceed across the crossing if the train is stopped, or is not in close proximity to the crossing, and if he or she can do so safely and without stopping before clearing the crossing.

S.M. 2004, c. 30, s. 18.

Changing gear while crossing track prohibited

135         The driver of a vehicle described in clause 134(3)(a), (b) or (c) shall not

(a) cross the track of a railway crossing in a gear that he or she will need to change while crossing the track; or

(b) change gears while crossing the track.

S.M. 2004, c. 30, s. 18.

Stopping vehicle within railway crossing prohibited

135.1       No person shall stop a vehicle

(a) within a railway crossing; or

(b) in a location where any part of the vehicle is over a track in a railway crossing.

S.M. 2004, c. 30, s. 18.

Stopping when required by traffic control device

136(1)      Except when a peace officer or a traffic control device otherwise directs or permits, but subject to sections 88, 130, and 133, at an intersection at which there is a traffic control device facing him and requiring him to stop, and at an intersection with any provincial highway, and except at an intersection where an acceleration lane has been constructed for the purpose of allowing a driver of a vehicle to accelerate and merge with other traffic on the highway, a driver of a vehicle shall bring it to a stop

(a) when there is no crosswalk, at a clearly marked stop line; or

(b) before entering the crosswalk marked out by lines, on the near side of the intersection; or

(c) when there is neither a stop line nor a marked out crosswalk, at the point nearest the intersecting highway from which the driver has a view of approaching traffic on the intersecting highway;

and he shall not proceed unless he can do so in safety.

Stops at divided highway

136(2)      Where the other highway, at the intersection with which a driver has stopped as required under subsection (1), is a divided highway, the driver, having complied with that subsection and proceeded across the first roadway, before entering the second roadway,

(a) shall yield the right-of-way to traffic on the second roadway that has entered the intersection thereof with the highway on which he is driving, or that is approaching and is so close that it constitutes an immediate hazard; and

(b) shall not proceed until he can do so in safety.

SCHOOL BUSES

Lamps on school bus

137(1)      Every school bus shall be equipped with lamps as provided in subsection 37(8).

Signs on school buses

137(2)      No person shall operate, or permit the operation of, a school bus unless the words: "SCHOOL BUS" or "ÉCOLIERS", in letters of not less than 200 millimetres in height, are legibly printed or painted on, or attached to, the vehicle in such a manner as to be clearly visible at all times to any person approaching the vehicle from the front or rear.

Limitation on operation of school bus

137(3)      Unless he conceals all marks that it is a school bus, a person shall not operate a school bus for the purpose other than transportation of children to or from school.

Bus signals where school bus is stopped

137(4)      Where a school bus is stopped and children are getting on to it or about to get on to it, or are getting off it or about to get off it, the driver,

(a) if the school bus is equipped with a lamp as provided in subsection 37(8), or with lamps as provided in subsection 37(13), shall put into operation all of the lamps with which it is so equipped; or

(b) if the school bus is not equipped as mentioned in clause (a),

(i) shall cause to be put into operation turning signal lamps, the lamps to be lighted intermittently or in flashes on that side of the school bus that is nearest to the centre of the highway or on both sides thereof, or

(ii) shall cause to be put into operation such other warning device as may be authorized in the regulations, and that is clearly visible to the drivers of vehicles approaching from either the front or rear of the bus.

Motor vehicles approaching stopped school bus displaying signals

137(5)      Where a school bus is stopped on a highway, if a lamp or other warning device is operating thereon, or displayed therefrom, as required by subsection (4), the driver of a motor vehicle approaching the school bus from any direction shall bring the motor vehicle to a stop not less than 5 metres from the school bus before passing it, and he shall not proceed unless the school bus resumes motion, or the driver thereof signals him to proceed or ceases to operate or display the lamp or other warning device to which reference is made in subsection (4).

School buses on divided highways

137(6)      The driver of a vehicle upon a divided highway need not stop upon meeting or overtaking a school bus that is on a different roadway.

S.M. 2013, c. 54, s. 42.

PEDESTRIANS' RIGHTS AND DUTIES

Compliance by pedestrians with signals

138         Except when a traffic authority has otherwise ordered, where traffic control signals are operating at an intersection, pedestrians shall comply with them in the manner provided in section 88.

Right-of-way of pedestrian

139(1)      Subject to section 140, where traffic control signals are not in place or not in operation when a pedestrian is crossing a highway within a crosswalk, and the pedestrian is upon the half of the highway upon which a vehicle is travelling, or he is approaching from the other half of the highway and is so close that he is in danger, the driver of the vehicle shall yield the right-of-way to the pedestrian.

Pedestrian to observe safety measures

139(2)      No pedestrian shall leave a kerb or other place of safety and walk or run into the path of a vehicle that is so close that it is impracticable for the driver to yield.

Passing vehicle stopped for pedestrian prohibited

139(3)      Where a vehicle is stopped at a crosswalk or at an intersection to permit a pedestrian to cross the highway, no driver approaching from the rear shall overtake and pass the stopped vehicle.

139(4)      [Repealed] S.M. 2002, c. 40, s. 10.

S.M. 2002, c. 40, s. 10.

Where pedestrians yield right-of-way

140(1)      When a pedestrian is crossing a roadway at a point other than within a crosswalk, he shall yield the right of way to a driver.

Duty not to obstruct traffic

140(2)      A pedestrian who is crossing a highway shall do so with all reasonable speed so as not to obstruct traffic unnecessarily.

Pedestrian corridor, duties of driver

141(1)      Subject to subsection (2), where

(a) a pedestrian is at

(i) the kerb or edge of a roadway, or

(ii) a place of safety,

that is adjacent to a pedestrian corridor that lies across a roadway upon which a vehicle is approaching so closely to the pedestrian corridor as to endanger the pedestrian if he were to enter it; and

(b) the pedestrian

(i) is intending to cross the roadway in the pedestrian corridor, and

(ii) is giving notice of his intention by extending his hand and arm at full length in such a manner to indicate clearly the direction in which he intends to cross,

the driver of the vehicle shall yield the right-of-way to the pedestrian by slowing down or stopping if necessary.

When vehicle stopped at pedestrian corridor

141(2)      When a vehicle is stopped at a pedestrian corridor, the driver of any other vehicle overtaking the stopped vehicle shall bring the vehicle to a full stop before entering the pedestrian corridor, and shall yield the right-of-way to a pedestrian,

(a) who is within the pedestrian corridor upon the half of the roadway upon which the vehicle is stopped; or

(b) who is within the pedestrian corridor and is approaching that half of the roadway from the other half of the roadway so closely to the vehicle that he is in danger if the vehicle were to proceed.

Passing vehicles in vicinity of pedestrian corridor

141(3)      When a vehicle is approaching a pedestrian corridor and is slowing down for the purpose of yielding the right-of-way to a pedestrian, the driver of any other vehicle approaching from the rear shall not overtake and pass the vehicle first mentioned.

Duties of pedestrian

141(4)      No pedestrian shall leave the kerb or other place of safety at a pedestrian corridor and walk or run into the path of a vehicle that is so close that it is impracticable for the driver of the vehicle to yield the right-of-way.

Parking prohibited

141(5)      No person shall park or stand a vehicle at the kerb or edge of a roadway

(a) where it intersects a pedestrian corridor; or

(b) on the approach to a pedestrian corridor and within 15 metres thereof.

141(6)      [Repealed] S.M. 2002, c. 40, s. 10.

By-laws revoked

141(7)      That part of any municipal by-law that provides for the regulation of traffic by means of crosswalks or pedestrian corridors and that is contrary to any provision of section 139 or this section, is revoked.

Where road markings not visible

141(8)      It is not a defence to any prosecution for a violation of this section that the lines or other markings on the surface of the roadway indicating the existence of the pedestrian corridor were not visible at the time because of the presence of snow or ice or for any other reason not attributable to the negligence of the traffic authority.

S.M. 2002, c. 40, s. 10.

Driver to exercise care

142         Notwithstanding sections 138 and 139, a driver shall

(a) exercise due care to avoid colliding with a pedestrian who is upon a roadway;

(b) give warning by sounding the horn when necessary; and

(c) observe proper precaution upon observing a child or an apparently confused or incapacitated person who is upon a highway.

Use of sidewalks required

143(1)      Where there is a sidewalk that is reasonably passable on either or both sides of a highway, a pedestrian shall not walk on a roadway.

Keeping left and walking two abreast

143(2)      Any pedestrian proceeding along a highway where no sidewalk is provided or where the sidewalk is not passable, shall walk as closely as is practicable to

(a) the left-hand edge of the roadway or of the shoulder, as the case may be; or

(b) any person who may be walking on his left side;

but persons walking on a roadway shall not walk more than two abreast.

Enforcement of compliance with by-laws by pedestrians

144         Notwithstanding anything in this Part, the council of any municipality may, by by-law, provide

(a) that where a peace officer has reasonable and probable grounds for believing that a pedestrian has committed or is committing a breach of those provisions of a by-law that relate to pedestrian traffic, he may require the pedestrian to stop and there and then to state correctly his name and address, and to prove his identity to the satisfaction of the peace officer; and

(b) that, if a pedestrian refuses or fails to stop and state correctly his name and address or so to prove his identity when so required, the peace officer may arrest him without warrant.

DIVISION IV

BICYCLES, POWER-ASSISTED BICYCLES AND RECREATIONAL EQUIPMENT

General rules: bicycles and power-assisted bicycles

145(1)      Except as otherwise provided in subsections (5) and (6), a person operating a bicycle or power-assisted bicycle on a highway or bicycle facility has the same rights and duties as a person driving a motor vehicle on a highway and shall obey all signs and traffic control devices, and all directions of a peace officer.

Minimum operator age: power-assisted bicycles

145(2)      No person shall operate a power-assisted bicycle on a highway or bicycle facility unless he or she is 14 years of age or older.

Owner must not allow underage operator

145(3)      The owner of a power-assisted bicycle shall not allow a person under the age of 14 years to operate it.

Helmet required: power-assisted bicycles

145(4)      No person shall ride on or operate a power-assisted bicycle on a highway or bicycle facility unless he or she is wearing a properly fitted and fastened protective helmet.

Operating in accordance with regulations

145(5)      A person operating a bicycle or power-assisted bicycle on a highway must operate it in accordance with the regulations.

Operating in single file

145(6)      A person must not operate a bicycle or power-assisted bicycle on a highway beside a moped, mobility vehicle, bicycle or power-assisted bicycle that is operating in the same traffic lane.

Exception to subsection (6)

145(7)      Subsection (6) does not apply

(a) when the person is

(i) making or attempting to make a turn on the highway, or

(ii) overtaking or passing a moped, mobility vehicle, bicycle or power-assisted bicycle; or

(b) if the bicycle or power-assisted bicycle is being operated in circumstances in which the regulations allow it to be operated contrary to that subsection.

Bicycles on sidewalks

145(8)      Subject to subsection (9), no person shall operate on a sidewalk a bicycle with a rear wheel the diameter of which exceeds 410 mm.

Exception to subsection (8)

145(9)      Subsection (8) does not apply to a sidewalk that is marked by a traffic control device permitting the operation of a bicycle on the sidewalk.

S.M. 1989-90, c. 56, s. 14 to 16; S.M. 1996, c. 26, s. 15; S.M. 2004, c. 30, s. 19; S.M. 2012, c. 34, s., 5.

Cyclists and passengers under 18 must wear helmets

145.0.1(1)  A person who is under 18 years of age must wear a properly fitted and fastened protective helmet at all times when he or she

(a) drives a bicycle;

(b) rides a bicycle as a passenger; or

(c) rides on or is towed in anything that is attached to or towed by a bicycle.

The helmet must be suitable for cycling use.

Parents' and guardians' responsibility re children

145.0.1(2)  A child's parent or guardian must not allow the child to

(a) drive a bicycle;

(b) ride a bicycle as a passenger; or

(c) ride on or be towed in anything that is attached to or towed by a bicycle;

unless the child wears a properly fitted and fastened protective helmet that is suitable for cycling use.

Driver's responsibility re child passengers

145.0.1(3)  At all times when a child is a passenger on a bicycle, or on or in anything attached to or towed by a bicycle, the bicycle's driver must ensure that the child is wearing a properly fitted and fastened protective helmet that is suitable for cycling use.

Exception for private property

145.0.1(4)  This section applies wherever a bicycle is driven within Manitoba except

(a) on privately owned residential property, including privately owned seasonal residential property; and

(b) on privately owned non-commercial or agricultural property outside an urban municipality on which the cyclist has permission to drive the bicycle from a person who owns or has control over the property.

Offence and penalty

145.0.1(5)  A person who contravenes subsection (1), (2) or (3) is guilty of an offence and, subject to subsection (7), is liable on summary conviction to a fine of not more than $50.

Children under age 14 not subject to penalty

145.0.1(6)  Subsection (5) does not apply to a person who contravenes subsection (1), (2) or (3) if the person is under 14 years of age at the time of the contravention.

Alternative disposition for first offence

145.0.1(7)  When a person's contravention under this section is the person's first offence or, if the regulations extend the application of this subsection, is a subsequent offence,

(a) the person must fulfill the requirements of the regulations applicable to the offence; and

(b) if a justice is satisfied that the person has fulfilled the applicable requirements of the regulations, the justice must dismiss the prosecution in respect of the offence.

Peace officer to give notice of alternative disposition

145.0.1(8)  A peace officer who issues an offence notice under The Summary Convictions Act for a contravention of subsection (1), (2) or (3) must

(a) inform the accused person about the requirements of subsection (7); and

(b) must, in the offence notice, provide a response period of sufficient length to allow the person a reasonable opportunity to fulfill the applicable requirements of the regulations, having regard to the accused person's circumstances.

Regulations

145.0.1(9)  The Lieutenant Governor in Council may make regulations

(a) for the purpose of subsection (7),

(i) respecting requirements that are to be fulfilled by persons who contravene subsection (1), (2) or (3), and

(ii) extending the application of that subsection to second or subsequent contraventions of any of subsections (1), (2) and (3), and prescribing which of the requirements established under subclause (i) apply to a second or subsequent contravention;

(b) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section.

Application of regulations

145.0.1(10)  A regulation made under subsection (9) may be general or particular in its application and may apply in whole or in part to one or more classes of persons to the exclusion of others, and to the whole or any part of the province.

S.M. 2012, c. 39, s. 2.

Attachment to moving vehicles prohibited

145.1(1)    No person operating, using or riding on recreational equipment or a motorcycle, moped, bicycle or power-assisted bicycle on a highway shall

(a) take hold or keep hold of a moving vehicle;

(b) attach himself or herself to a moving vehicle;

(c) cause or permit any other person to attach him or her to a moving vehicle; or

(d) cause or permit the recreational equipment, motorcycle, moped, bicycle or power-assisted bicycle to be attached to or towed by a moving vehicle.

Attaching persons to moving vehicles prohibited

145.1(2)    No person shall

(a) take hold or keep hold of, or attach himself or herself to, the exterior of a moving vehicle on a highway; or

(b) permit himself or herself to be towed by a moving vehicle on a highway.

Illegal towing by vehicles

145.1(3)    The driver or operator of a moving vehicle on a highway shall not

(a) cause or permit a person to take hold or keep hold of, or to attach himself or herself to, the exterior of the vehicle;

(b) attach a person to, or cause a person to be attached to, the exterior of the vehicle;

(c) cause or permit a person to be towed by the vehicle; or

(d) cause or permit recreational equipment or a motorcycle, moped, bicycle or power-assisted bicycle, or any other thing that is not designed, intended, and equipped for the purpose, to be attached to, or towed by, the vehicle.

S.M. 2004, c. 30, s. 19.

Riding improperly on vehicles

146(1)      No person while riding on a vehicle on a highway shall ride upon any portion thereof not designed or intended for the use of passengers.

Where subsec. (1) not applicable

146(2)      Subsection (1) does not apply to a person necessarily engaged in the discharge of a duty or to a person lawfully riding

(a) on a truck; or

(b) on a horse-drawn vehicle, in a space intended for the carriage of goods.

Prohibition: too many riders

147(1)      No person shall do the following on a highway:

(a) operate a bicycle or power-assisted bicycle with more persons on it than it was designed or constructed by its manufacturer to carry; or

(b) ride, or permit himself or herself to be carried, on a bicycle or power-assisted bicycle being operated by another person, if he or she is riding or being carried on a part of it that

(i) was designed and intended by its manufacturer to carry only its operator, or

(ii) was not designed or intended by its manufacturer to carry a person.

Exception to application of subsection (1)

147(2)      When a bicycle or power-assisted bicycle carries its operator and a child, subsection (1) does not apply to the operator or the child if

(a) the child is

(i) under the age of six years,

(ii) on a seat designed for carrying infants on bicycles or power-assisted bicycles, and

(iii) wearing a properly fitted and fastened protective helmet;

(b) the operator is 16 years of age or older;

(c) the seat is

(i) firmly attached to the vehicle behind the regular seat, as far forward and in as low a position as is practicable, and

(ii) equipped with a seat belt which is fastened around the child at all times when the vehicle is in motion; and

(d) the seat or vehicle is equipped with a shield to prevent any part of the child's body or clothing from coming into contact with any of the vehicle's moving parts.

Carrying large objects forbidden

147(3)      No person shall carry on a bicycle or power-assisted bicycle, or on his or her person while operating or riding on a bicycle or power-assisted bicycle, any object that is of such a size, weight or shape, or is so placed, that it may interfere with the proper operation and control of the vehicle by its operator.

S.M. 1989-90, c. 56, s. 17 and 18; S.M. 2004, c. 30, s. 20.

148         [Repealed]

S.M. 1987-88, c. 44, s. 11.

Lamps and reflectors on bicycles and power-assisted bicycles

149(1)      Subject to subsection (3), a bicycle or power-assisted bicycle shall be equipped with

(a) a headlamp at the front that casts a white light; and

(b) a lamp or reflector at the back that casts a red or amber light or reflection and has a surface area of not less than 25 cm2.

Type of lamps and reflectors required

149(2)      The lamps and reflectors required by subsection (1) shall be of such a kind and so constructed that, in normal weather conditions,

(a) the headlamp casts a light that is visible from a distance of 90 m in front of the vehicle; and

(b) the rear lamp casts or the reflector reflects a light that is visible from a distance of 60 m behind the vehicle.

Limitation on application of subsection (1)

149(3)      Subsection (1) applies only if the bicycle or power-assisted bicycle is on a highway or bicycle facility at a time when subsection 35(11) or a regulation under this Act requires lamps on vehicles to be lighted.

S.M. 1989-90, c. 56, s. 19 and 20; S.M. 2004, c. 30, s. 21.

Other required equipment

150(1)      No person shall operate a bicycle or power-assisted bicycle on a highway or bicycle facility, or cause or permit one to be operated there, unless it is equipped as required by this Act and the regulations.

Inspection

150(2)      A peace officer may

(a) at any time stop and inspect, or cause to be inspected, any equipment on a bicycle or power-assisted bicycle on a highway or bicycle facility; and

(b) if the equipment does not comply with this Act or the regulations, require the operator to have the equipment made to comply.

Operator must comply

150(3)      The operator shall not operate the bicycle or power-assisted bicycle again until he or she has complied with the peace officer's requirements.

Duty of operator to provide assistance

150(4)      The operator of a bicycle or power-assisted bicycle that is being inspected shall provide any reasonable assistance and information that the peace officer requests.

Prohibited highways and bicycle facilities

150(5)      No person shall operate a bicycle or power-assisted bicycle, or cause or permit one to be operated,

(a) on any part of a highway or bicycle facility at a time when the operation is prohibited by the regulations; or

(b) on any part of a highway or bicycle facility on which the operation is prohibited by the regulations.

S.M. 1989-90, c. 56, s. 21; S.M. 2004, c. 30, s. 21.

Defacing identification marks on bicycles prohibited

151(1)      No person shall deface, obliterate, alter, or render illegible the manufacturer's serial identification number or a municipality's identification mark or number on any bicycle.

Prohibition of sale of bicycles bearing identification defaced

151(2)      No person shall buy or sell a bicycle on which any such mark or number has been defaced, obliterated, altered or rendered illegible, or which has not clearly and legibly stamped thereon at least the manufacturer's number or a municipality's mark and number.

Impoundment of bicycles having defaced identification marks

151(3)      Any peace officer who, anywhere in the province, finds a bicycle without either the manufacturer's number or a municipality's identification mark and number plainly stamped thereon, or on which any such mark or number has been defaced, obliterated, altered, or rendered illegible, shall seize the bicycle and bring it before a justice who shall thereupon issue a summons addressed to the person in whose apparent possession the bicycle was at the time of seizure commanding him, at the time and place therein named, to show cause why it should not be confiscated.

Confiscation of bicycle

151(4)      Upon the matter being heard, the justice shall make an order that the bicycle be confiscated to the municipality in which it was seized unless he is satisfied

(a) that no breach of this Act has been committed in respect of the bicycle; or

(b) that the person summoned acquired the bicycle in good faith and has had possession thereof for at least three years without knowledge of any breach of this Act with respect thereto;

in either of which cases the bicycle shall be restored to the person in whose apparent possession it was at the time of the seizure.

Order for payment of cost to owner of confiscated bicycle

151(5)      Where a bicycle is confiscated under subsection (4), and the justice is satisfied that the person in whose apparent possession it was at the time of seizure acquired it in good faith and without knowledge of any breach of this Act in respect thereto, he may, on application by that person, issue a summons addressed to the person from whom the applicant alleges that he purchased it, commanding him, at the time and place named in the summons, to show cause, why an order should not be made requiring him to repay to the applicant the purchase price of the bicycle or such smaller amount as the justice may fix, having regard to the amount of use of the bicycle which the applicant has had and the age and condition thereof.

Order for payment

151(6)      Upon the hearing of a matter arising under subsection (5), the justice may by an order, separate from, and subsequent to, any conviction or order of confiscation, adjudge that the person who sold the bicycle to the applicant shall repay to the applicant the purchase price thereof or such smaller amount as the justice may fix, having regard to the amount of use of the bicycle which the applicant has had and the age and condition thereof.

Disposal of other matters

151(7)      Where all parties are before the justice at the time of making an order confiscating a bicycle, he may, at that time, hear and dispose of any matter arising under subsection (5) and make an order in respect thereto.

Sale of confiscated bicycle

151(8)      Any bicycle confiscated under subsection (4) may be sold by the municipality at public auction not less than three months after the confiscation; but if the bicycle is claimed within three months after being so confiscated it shall be restored to the claimant who satisfies the secretary, clerk, or licence inspector of the municipality that he is the rightful owner thereof.

Marking of confiscated bicycle for identification

151(9)      Before a bicycle that has been seized under subsection (3) is sold or restored to its owner, the secretary, clerk, or licence inspector, as the case may be, shall cause to be stamped thereon with steel dies an identification mark and serial number, a record of which shall be kept by the municipality; and any peace officer shall similarly cause to be stamped any bicycle presented to him for the purpose by any person who satisfies him that he is the rightful owner thereof and that he has not knowingly committed any breach of this section.

Complementary by-laws

151(10)     The council of any municipality may pass by-laws, not inconsistent herewith, regulating the exercise or discharge of the powers and obligations contained in subsections (8) and (9).

S.M. 2005, c. 8, s. 17.

Returns by second-hand bicycle dealers

152(1)      Every dealer in second-hand bicycles and every dealer in second-hand bicycle parts shall

(a) keep a record of the bicycles and parts bought, sold, and otherwise acquired or disposed of by him; and

(b) make such returns, in such form, and to such persons, and at such times, as the Lieutenant Governor in Council may, by the regulations, prescribe.

Form and contents of return

152(2)      The record required to be kept under clause (1)(a) shall be in such form, and contain such information, as the Lieutenant Governor in Council may, by the regulations, prescribe.

152(3)      [Repealed] S.M. 2005, c. 37, Sch. B, s. 31.

S.M. 2005, c. 37, Sch. B, s. 31.

PART V

ACCIDENTS

Onus on owner or driver

153(1)      Where loss or damage is sustained by any person by reason of a motor vehicle upon a highway the onus of proof that the loss or damage did not arise entirely or solely through the negligence or improper conduct of the owner or driver is upon the owner or driver.

Limitation of subsection (1)

153(2)      Subsection (1) does not apply in case of a collision between motor vehicles on the highway or to an action brought by a passenger in a motor vehicle other than a public service vehicle in respect of any injuries sustained by him while a passenger.

Certain drivers deemed agents of owner

153(3)      In an action for the recovery of loss or damage sustained by a person by reason of a motor vehicle upon a highway, every person driving the motor vehicle who is living with, and as a member of the family of, the owner thereof, and every person driving the motor vehicle who has acquired possession of it with the consent express or implied of the owner thereof, shall be deemed to be the agent or servant of the owner of the motor vehicle and to be employed as such and shall be deemed to be driving the motor vehicle in the course of his employment; but nothing in this subsection relieves any person deemed to be the agent or servant of the owner and to be driving the motor vehicle in the course of his employment from liability for such damages.

DAMAGES

Penalties not a bar to damages

154         No penalty or imprisonment is a bar to recovery of damages by an injured person.

ACCIDENT REPORTS

Meaning of "accident"

155(1)      In this section, "accident" means

(a) a collision between two or more vehicles, including a collision between a moving vehicle and a stationary vehicle;

(b) a collision in which a vehicle collides with a person under any circumstances or with an object or animal; or

(c) another event in which a person is injured or killed by a vehicle in motion or as a result of the use of a vehicle on a highway.

Accident reports by drivers

155(2)      The driver of a vehicle that is involved in an accident must without delay give the information set out in subsection (3) to

(a) the driver of any other vehicle involved in the accident;

(b) any person who is injured in the accident; and

(c) any person whose property is damaged as a result of the accident.

Information to be given

155(3)      The information required to be given under subsection (2) is

(a) the name and address of the driver giving the report;

(b) a statement as to whether the driver has a valid driver's licence or out-of-province driving permit and if so, the number of the licence or permit and the date of its expected expiration;

(c) a statement as to whether the vehicle being driven by the driver is validly registered, if the vehicle is required to be registered, and if so, the vehicle's registration number and date of the registration's expiration;

(d) the number of the driver's motor vehicle liability insurance policy and name of the insurer, if applicable; and

(e) if the driver is not the vehicle's owner,

(i) the name and address of the owner and registered owner, if they are different, and

(ii) the number of the owner's or registered owner's motor vehicle liability insurance policy and name of the insurer, if applicable and if that information is known to the driver.

Report to a peace officer at accident scene

155(4)      If a peace officer is in attendance at the place of an accident and so requests, the driver of any vehicle involved in the accident must give the peace officer the information required by subsection (3) and any other information that the peace officer requires about the driver, the vehicle or the accident.

Requirement to stop vehicle

155(5)      For greater certainty, a driver to whom subsection (2) or (4) applies is required to stop the vehicle at the place where the accident occurs for the purpose of complying with that subsection.

Police reports of certain accidents

155(6)      The driver of a vehicle that is involved in an accident must make a police report about the accident if

(a) the driver, for any reason, did not or was not able to give a peace officer the information required by subsection (3) at the place of the accident; and

(b) any of the criteria set out in subsection (7) apply in respect of the accident.

Criteria for making a police report

155(7)      A police report must be made if the driver (referred to in this subsection as the "first driver") is aware or has reason to believe at the time of the accident, or is later made aware,

(a) that a person, including the first driver, was injured in the accident and was admitted to hospital for observation or treatment for the injury;

(b) that a person injured in the accident has died;

(c) that the driver of another vehicle involved in the accident did not hold a valid driver's licence or out-of-province driving permit at the time of the accident;

(d) that another vehicle involved in the accident was not validly registered under The Drivers and Vehicles Act or a similar Act in another jurisdiction despite being required to be registered;

(e) that the driver of another vehicle involved in the accident did not provide the first driver with the information required by subsection (3);

(f) that the driver of another vehicle involved in the accident did not stop the vehicle at the place of the accident for the purpose of this section or in contravention of the Criminal Code; or

(g) that the consumption of alcohol or another intoxicating substance by the driver of another vehicle involved in the accident was a cause or contributing factor of the accident.

Time for making police report

155(8)      Except as provided by subsection (9), a driver who is required to make a police report by subsection (6) must make it within seven days after

(a) the day of the accident; or

(b) the day on which the driver is made aware that any of the criteria set out in subsection (7) apply in respect of the accident;

whichever is later.

Exception

155(9)      If because of injury or illness the driver is unable to make the police report within the time required by subsection (8), the driver must make the report as soon as the driver's health permits.

How to make a police report

155(10)     A police report required by subsection (6) must

(a) be made at a detachment of the police service that has police jurisdiction at the place of the accident;

(b) be made on a form approved by the registrar and contain

(i) the information about the accident and persons involved in it or affected by it that the registrar requires, and

(ii) any further information about the accident or those persons that the peace officer receiving the report requires; and

(c) be signed by the driver.

Police report by owner

155(11)     If the driver of a vehicle does not or is not able to make a police report, the requirements of subsections (6) to (10) apply, with necessary changes, to an owner of the vehicle who was present at the time of the accident.

Police report by other person in control of vehicle

155(12)     In the case of a vehicle driven by a student driver or a novice driver who holds a driver's licence of any class or subclass that requires the driver to be supervised, while driving, by a supervising driver, the police report required by subsection (6) may be made in part or in whole by the driving instructor or supervising driver.

Registrar may require police report to be made

155(13)     If any of the criteria set out in subsection (7) apply in respect of an accident, the registrar may require any of the following persons to make a police report in accordance with subsections (6) to (10):

(a) the driver of a vehicle involved in the accident;

(b) an owner of a vehicle involved in the accident who was present at the time of the accident.

Complying with registrar's requirements

155(14)     When the registrar requires a person to make a police report under subsection (13), the person must make it in accordance with the registrar's requirements.

Police report by passenger

155(15)     If a driver or vehicle owner fails to make a police report as required by subsections (6) to (11), a passenger who was in the vehicle at the time of the accident must make the police report.

Time limit for prosecution

155(16)     A prosecution for a contravention of a provision of this section may not be commenced later than two years after the day the alleged offence was committed.

S.M. 1989-90, c. 56, s. 22; S.M. 1991-92, c. 25, s. 39 and 40; S.M. 1997, c. 54, s. 2; S.M. 2002, c. 40, s. 10; S.M. 2005, c. 37, Sch. B, s. 32; S.M. 2011, c. 27, s. 2; S.M. 2012, c. 40, s. 25.

Action when domestic animal injured or killed

155.1(1)    When a domestic animal is injured or killed in a collision with a vehicle on a highway, the driver, or — if the driver is incapacitated — a passenger, must

(a) remove the animal from the roadway if it is on the roadway and removing it is practicable;

(b) report the collision without delay to a peace officer if the animal is not removed from the roadway; and

(c) report the collision without delay

(i) to the animal's owner if the owner is known or can readily be located, or

(ii) to the clerk of the municipality in which the collision occurs if the animal's owner is not known and cannot readily be located and the collision has not been reported to a peace officer under clause (b).

Action by peace officer or municipal clerk

155.1(2)    A peace officer or municipal clerk to whom a report is made under subsection (1) must report the collision to an animal protection officer appointed under The Animal Care Act.

S.M. 2011, c. 27, s. 2.

156         [Repealed]

S.M. 1997, c. 37, s. 17.

Reports by doctors and optometrists

157(1)      A duly qualified medical practitioner or optometrist shall report to the registrar the name, address and disease or disability, or any significant change in a previously observed disease or disability, of any person attending upon the duly qualified medical practitioner or optometrist for examination or treatment who is the holder of a valid driver's licence and who, in the opinion of the duly qualified medical practitioner or optometrist, has a disease or disability that may be expected to interfere with the safe operation of a motor vehicle that may be operated with the class of licence or permit held by the person.

No right of action against doctor

157(2)      No person has a right of action against a duly qualified medical practitioner or optometrist for furnishing to the registrar a report as mentioned in subsection (1).

157(3)      [Repealed] S.M. 1987-88, c. 23, s. 11.

Medical review committee established

157(4)      There is established a medical review committee consisting of at least five members who shall be appointed by the minister and who shall include

(a) three duly qualified medical practitioners, one of whom shall be a specialist in neurology, one of whom shall be a specialist in cardiology or an internist, and one of whom shall be a general practitioner;

(b) one person who is not a duly qualified medical practitioner; and

(c) one person who is a duly qualified ophthalmologist or optometrist.

157(4.1)    [Repealed] S.M. 1995, c. 31, s. 11.

Function of the medical review committee

157(4.2)    The function of the medical review committee is to hear and determine the following appeals:

(a) appeals under subsection 124.6(3);

(b) appeals under section 19 or subsection 23(2) of The Drivers and Vehicles Act.

Quorum

157(4.3)    A quorum of the medical review committee is three members.

Chairman

157(5)      The minister shall appoint one of the members of the medical review committee as chairman thereof.

Vice-chairman

157(5.1)    The minister may appoint one member of the medical review committee

(a) to be vice-chairman thereof; or

(b) to be acting chairman thereof;

for any period of time to act on behalf of the chairman on the request of the chairman or the minister during the illness or absence of the chairman, or during his inability from any cause to discharge his duties.

Powers of medical review committee

157(6)      Upon hearing an appeal under section 19 or subsection 23(2) of The Drivers and Vehicles Act, the medical review committee may

(a) require an appellant to undergo such further medical examinations as the committee considers necessary;

(b) require an appellant or the registrar to produce medical reports from duly qualified medical practitioners concerning any aspects of the health or physical or mental condition of the appellant;

(c) receive such evidence and arguments as may be submitted by the appellant, the registrar or both; and

(d) give such weight to medical reports, evidence and arguments as they think fair and just;

and may confirm, quash or vary the decision of the registrar; and decision of the committee is final.

Report privileged

157(7)      Any report given under subsection (1) is privileged and for the information of the registrar and the medical review committee only, and, except to prove compliance with subsection (1), is not admissible as evidence for any purpose in any action or proceeding in any court.

Payment of appeal charge

157(8)      A person who makes an appeal to the medical review committee shall pay the charge specified in the regulations.

Waivers and refunds of application charges

157(9)      The medical review committee shall forward to the Minister of Finance every appeal charge paid under this section.  But the medical review committee may waive payment of a charge or may recommend to the Minister of Finance that the amount of the charge be remitted pursuant to The Financial Administration Act in any case in which it finds it unreasonable or unjust that a charge should be paid or finds that undue hardship would result from the payment of the charge.

S.M. 1985-86, c. 12, s. 11 to 14; S.M. 1986-87, c. 14, s. 19; S.M. 1987-88, c. 23, s. 11 and 12; S.M. 1991-92, c. 25, s. 42 to 44; S.M. 1995, c. 31, s. 11; S.M. 1999, c. 12, s. 5; S.M. 2005, c. 37, Sch. B, s. 33; S.M. 2012, c. 40, s. 25.

Reports confidential

158(1)      Except as herein provided, a statement or written report made or furnished under section 155

(a) is not open to public inspection; and

(b) on the trial of the person making the statement or report on a charge of having violated any provision of The Drivers and Vehicles Act or of this Act, other than section 224, or any provision of a municipal by-law, is not admissible in evidence and shall not be used, nor shall any reference to it be made for any purpose in connection with such a trial.

Information to be furnished by peace officer

158(2)      Every peace officer to whom any such report or statement is made shall forthwith deliver or mail,

(a) in the case of a constable of the Royal Canadian Mounted Police Force, to the senior officer of that force in Manitoba; and

(b) in other cases, to the chief constable of the force to which the peace officer belongs or of the municipality in which the accident occurred;

the following information, if it is available, that is to say,

(c) the date, time, and place, of the accident to which the report or statement relates;

(d) the name, address, and occupation, of the owner of each vehicle involved and of the driver thereof;

(e) the details respecting the make, year, and type of each vehicle, the vehicle identification number thereof, and the registration number thereof;

(f) the number of the licence issued to the driver of each vehicle;

(g) the particulars as to the motor vehicle liability insurance card or financial responsibility card, if any, issued in respect of each vehicle, the number of the insurance policy issued in respect of each vehicle, the date of expiry thereof, and the name of the insurer by which the policy was issued;

(h) the speed and direction of travel of each vehicle immediately before the occurrence of the accident;

(i) the traffic control devices, if any, situated adjacent to the scene of the accident;

(j) the light conditions and weather conditions existing at the time of the accident;

(k) the type of road construction at the scene of the accident, and the condition of the road; and

(l) the number of passengers, if any, in each vehicle.

Copies to registrar

158(3)      The senior officer in Manitoba of the Royal Canadian Mounted Police Force and the chief constable of each municipality, on receipt of the particulars of an accident, or a report and statement concerning an accident, in which a vehicle is in any manner, directly or indirectly, involved, shall forthwith send to the registrar a copy of those particulars or of that report and statement on a form prescribed by, or satisfactory to, the registrar.

Copies to interested parties

158(4)      On request of a person involved in the accident or his authorized representative, or a person or insurance company who or which has paid, or may be liable to pay, for damages resulting from the accident, the senior officer or chief constable, as the case may be, shall furnish to him

(a) the information received by him under subsection (2) respecting the accident; and

(b) if authorized in writing by the Minister of Justice, either generally or in any specific case, such other information and particulars contained in the report or statement as may be specified in the written authorization.

S.M. 1993, c. 48, s. 68; S.M. 1997, c. 37, s. 18; S.M. 2005, c. 37, Sch. B, s. 34.

Supplemental reports

159(1)      The registrar may require the driver, owner, or other person in charge, of a vehicle that is in any manner, directly or indirectly, involved in an accident, and any peace officer to file, upon a form furnished by the registrar, a supplemental report of an accident in any case where, in the opinion of the registrar, the original report of the accident is insufficient.

Confidential

159(2)      A supplemental report furnished under subsection (1) is without prejudice, and for the information of the minister and the registrar, and is not open to public inspection.

PROOF OF FINANCIAL RESPONSIBILITY

Giving of proof of financial responsibility

160(1)      If this Act or The Drivers and Vehicles Act requires a person to give proof of financial responsibility, the person shall give it to the registrar unless this Act or The Drivers and Vehicles Act requires it to be given to another person.

Maintenance of proof

160(2)      Subject to subsection 271(5), where proof of financial responsibility is required to be given by any person, unless he or she is, under subsection (3), subsequently exempted from maintaining the proof, he or she must thereafter at all times maintain it

(a) while he or she holds a driver's licence; or

(b) while any motor vehicle is registered in his or her name; or

(c) in the case of a person who is not a resident of the province, while he or she has the privilege of driving a motor vehicle in the province or the privilege of using, or having in the province, a motor vehicle registered in his or her name in any province, state, or country;

and the registrar shall suspend the licence or permit of, and the registration of every motor vehicle registered in the name of, any person who fails to comply with this subsection until he or she gives proof of financial responsibility.

Exemption from maintenance of proof of financial responsibility

160(3)      Where a person is required to give proof of financial responsibility under section 270 or 271 in respect of a judgment or accident, if, after a period of thirty-six months next following the end of the month in which the liability to give proof first arose, and the registrar is satisfied that the judgment has been satisfied, the registrar shall exempt the person from maintaining proof in respect of the judgment or accident.

Amount of proof required

160(4)      Subject to subsections (5) and (6), a person who is required to give proof of financial responsibility shall give proof of responsibility that

(a) is in an amount not less than $200,000., excluding interest and costs, in respect of liability for any or all of the following, arising out of one accident:

(i) bodily injury to, or the death of, one or more persons,

(ii) loss of, or damage to, property; and

(b) includes the provision that

(i) claims arising out of bodily injury or death have priority, to the extent of $180,000., over claims arising out of loss of, or damage to, property, and

(ii) claims arising out of loss of, or damage to, property have priority, to the extent of $20,000., over claims arising out of bodily injury or death.

Proof by owner for each vehicle

160(4.1)    If the person giving proof of financial responsibility is an owner, the person shall give proof of responsibility that complies with subsection (4) in respect of each vehicle registered in his or her name.

Where additional proof required

160(5)      The minister may, in his discretion, at any time, require proof of additional financial responsibility to that filed or deposited by a driver or owner pursuant to this Part; and the registrar may suspend the driver's licence and the owner's registration, if any, until the proof has been furnished.

Proof by owner of fleet

160(6)      In the case of an owner of ten or more motor vehicles to whom this Part applies, proof of financial responsibility in a form, and in an amount not less than $200,000., satisfactory to the registrar, may be accepted as sufficient for the purposes of this Part.

S.M. 2001, c. 7, s. 15; S.M. 2004, c. 30, s. 23; S.M. 2005, c. 37, Sch. B, s. 35.

Form of proof

161(1)      Subject to subsection 160(6), where proof of financial responsibility is required to be given by any person, it shall be given in one of the alternative forms hereinafter described, namely;

(a) the written certificate, filed with the registrar, of an insurance company duly authorized to carry on in the province the business of automobile insurance, which certificate shall certify

(i) that the company has issued to, or for the benefit of the insured named therein, a motor vehicle liability policy, in the form required by this Part, which, at the date of the certificate, is in full force and effect, and

(ii) that the motor vehicle liability policy therein mentioned shall not be cancelled or expire except upon 10 days' prior written notice thereof to the registrar; or

(b) the bond of a guarantee insurance or surety company duly authorized to carry on business in the province, which bond shall

(i) be payable to the Minister of Finance,

(ii) be in a form approved by the registrar,

(iii) be filed with the registrar,

(iv) be conditioned for the payment of the amount specified in this Part, and

(v) not be cancelled or expire except after 10 days' written notice to the registrar; or

(c) the certificate of the Minister of Finance that the person named therein has deposited with him a sum of money, or security for money approved by the Minister of Finance, in the amount or value of $200,000. for each motor vehicle registered in the name of the person; which deposit shall be accepted and certificate issued by the Minister of Finance on request by that person; or

(d) a motor vehicle liability insurance card.

Effect of cancellation, etc., of licence of insurer

161(2)      Where the Superintendent of Insurance notifies the registrar that the licence of an insurer duly authorized to carry on in the province the business of automobile insurance has been cancelled or suspended, a certificate given under clause (1)(a) by that insurer is not, thereafter, proof of financial responsibility; and the registrar shall immediately require every person who is maintaining proof of financial responsibility by such a certificate from that insurer to file, within ten days or such shorter period as may be fixed by the registrar, further proof of financial responsibility by a certificate from some other insurer or in any other form authorized by subsection (1).

Failure to file further proof

161(3)      Where a person required under subsection (2), to file further proof of financial responsibility fails to do so within the time fixed, this Part applies as if he had not previously filed proof of financial responsibility.

Validity of certificate

161(4)      Where a certificate has been given by an insurance company under clause (1)(a), until notice of cancellation or expiration is given by the company to the registrar as provided in that clause or until the certificate ceases, as provided in subsection (2), to be proof of financial responsibility, the certificate is valid and sufficient to cover the term of renewal of a motor vehicle liability policy by the insurer, or any renewal or extension of the term of the insured's licence or registration by the registrar.

Proof by non-residents

161(5)      A person who is not a resident of Manitoba may, for the purposes of this Part, give proof of financial responsibility,

(a) as provided in subsection (1); or

(b) subject to subsection (6), by filing a certificate of insurance in a form approved by the registrar, issued by any insurer authorized to transact automobile insurance in the province, state, territory, district, or country, in which the person resides.

Certificates of unlicensed insurers

161(6)      A certificate issued under clause (5)(b) by an insurer that is not authorized to carry on in Manitoba the business of automobile insurance is not effectual for the purpose of subsection (5) unless the insurer has filed with the Superintendent of Insurance, in a form prescribed by him,

(a) a power of attorney authorizing the Superintendent of Insurance to accept service of notice or process for itself in any action or proceeding against it arising out of a motor vehicle accident in Manitoba;

(b) an undertaking

(i) to appear in any action or proceeding against it or its insured arising out of a motor vehicle accident in Manitoba and of which it has knowledge,

(ii) that upon receipt from the Superintendent of Insurance of any notice or process served upon him in respect of its insured, or in respect of its insured and another or others, and sent by the superintendent to it as hereinafter provided, it will forthwith cause the notice or process to be personally served upon its insured, and

(iii) not to set up any defence to any claim, action, or proceeding, under a motor vehicle liability policy issued by it, which might not be set up if the policy had been issued in Manitoba in accordance with the law of Manitoba relating to motor vehicle liability policies, and to satisfy up to the limits of liability stated in the policy and, in any event, to an amount not less than the limits of liability fixed in section 160 any judgment rendered against it or its insured by a court in Manitoba, and become final, in any such action or proceeding.

Service of documents on unlicensed insurers

161(7)      Subject to subsection (8), where an insurer to which subsection (5) refers is not authorized to carry on in Manitoba the business of automobile insurance, notice or process in any action or proceeding in Manitoba against it or its insured arising out of a motor vehicle accident in Manitoba, may be effectually served upon the insurer or the insured, or upon both of them, by leaving three copies of the notice or process with the Superintendent of Insurance.

Statement furnished to Superintendent of Insurance

161(8)      Where the insurer is not a party to the action or proceeding, the person who leaves with the superintendent the copies of the notice or process shall, at the same time, leave with him a written statement, signed by the person who issued or caused to be issued the notice or process, and stating the full name and address of the insurer against whose insured the action or proceeding is taken.

Action by Superintendent of Insurance

161(9)      Upon receipt of notice or process under subsection (7), the Superintendent of Insurance shall forthwith mail two copies thereof, by registered mail, to the insurer at its address last known to him.

Evidence of undertaking by unlicensed insurer

161(10)     In any action or proceeding against an insurer who has given to the superintendent an undertaking under clause (6)(b), the plaintiff may give evidence of the undertaking; and the undertaking shall for all purposes of the action or proceeding be deemed to be a covenant for valuable consideration made by the insurer with the plaintiff.

Action on default by unlicensed insurer

161(11)     Where an insurer that has filed the documents described in subsection (6) defaults thereunder, certificates of the insurer shall not thereafter be accepted as proof of financial responsibility so long as the default continues; and the registrar shall forthwith give written notice of the default to the Superintendent of Insurance and to the proper officers in charge of the registration of motor vehicles, and the licensing of drivers, in all provinces of Canada and in all states, territories, or districts, in the United States where the certificates of the insurer are accepted as proof of financial responsibility.

SECURITY FOR DAMAGES CAUSED BY ACCIDENT

Amount of security for damages

162         Where security is required to be given by any person under clause 271(4)(a), it shall be given by him to the registrar in the amount required by the registrar but not in any case exceeding $200,000 (exclusive of interest and costs) in respect of liability resulting from

(a) bodily injury to, or the death of, one or more persons; or

(b) loss of, or damage to, property;

in one accident, or from both the causes stated in clauses (a) and (b); and shall include a provision that

(c) claims arising out of bodily injury or death have priority, to the extent of $180,000, over claims arising out of loss of, or damage to, property; and

(d) claims arising out of loss of, or damage to, property have priority, to the extent of $20,000, over claims arising out of bodily injury or death.

Form of security

163         Where security is required to be given by any person under clause 271(4)(a), it shall be given by the certificate of the Minister of Finance that the person named therein has deposited with him the sum of money fixed by the registrar, or security for money approved by the Minister of Finance, which deposit shall be accepted and certificate issued by the Minister of Finance on request by that person.

DISPOSITION OF DEPOSITS

Proof of financial responsibility as security for payment

164(1)      Proof of financial responsibility given under section 161, shall be held as security for the payment of any judgment that may be recovered against the person making the deposit in an action for damages resulting from bodily injury to, or the death of, another or damage exceeding $1,000. to property caused by an accident, occurring after the date upon which the deposit is made and occasioned by, or arising out of, the ownership, maintenance, operation, or use, of a motor vehicle by the person making the deposit or by any other person for whose negligence the person making the deposit is liable.

Security with Minister of Finance held as security for payment

164(2)      Any money or security deposited with the Minister of Finance under section 163, shall be held by the Minister of Finance as security for the payment of any sum that may be agreed upon as liquidated damages, or any judgment that may thereafter be recovered against the person making the deposit in an action for damages resulting from bodily injury to, or the death of, another or damages exceeding $1,000. to property caused by an accident,

(a) by reason of the occurrence of which the deposit of security is required; and

(b) which was occasioned by, or arose out of, the ownership, maintenance, operation, or use, of a motor vehicle by the person making the deposit or by another person for whose negligence the person making the deposit is liable.

Order for payment from security deposited

164(3)      Money and securities deposited with the Minister of Finance shall be paid over by him on the order of the court, or of a judge thereof, to satisfy a judgment recovered as set out in subsection (1) or (2), or to satisfy any sum that may be agreed upon as liquidated damages occasioned by, or arising out of, the accident.

Security not subject to other claims

164(4)      A bond, money, or security, deposited with the registrar or the Minister of Finance pursuant to section 161 or 163, shall not, in the hands of the registrar or the Minister of Finance, respectively, be subject to any other claim or demand.

Action to recover on bond

164(5)      Where a judgment to which this Part applies is rendered against the principal named in the bond deposited with the registrar, and the judgment is not satisfied within thirty days after it has been rendered, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action on the bond in the name of the Minister of Finance; and may, to the extent of the bond but no more, recover the amount of his judgment and costs against the person executing the bond; and the amount so recovered shall, on the order of the court in which the judgment is obtained, or of a judge thereof, be paid over to the person recovering the judgment.

Payment where settlement made

164(6)      Where the Minister of Finance is satisfied that a sum has been agreed upon as liquidated damages occasioned by, or arising out of, the accident, upon request of the person making the deposit he may, from the money or securities so deposited, pay to the person entitled thereto the sum agreed upon; and, if he is satisfied that the sum agreed upon has been paid, he may pay to the person making the deposit the money or securities so deposited with him or the balance thereof remaining in his hands after making payment as aforesaid of the sum agreed upon.

S.M. 1991-92, c. 25, s. 40.

INSURANCE POLICIES

Nature of liability policy

165(1)      A motor vehicle liability policy to which reference is made in this Part includes insurance coverage provided under The Manitoba Public Insurance Corporation Act and the regulations made thereunder, whether evidenced by a form of policy or not, or in a form prescribed under The Insurance Act.

Delivery of certificate of financial responsibility

165(2)      Any insurer that has issued a motor vehicle liability policy to a person who is required under this Part to give proof of financial responsibility shall, as and when the insured requests, deliver to him for filing, or file direct with the registrar, a certificate for the purposes of this Part.

Certificate conclusive

165(3)      Such a certificate filed with the registrar shall be a conclusive admission by the insurer that a policy has been issued in the form prescribed by subsection (1) and in accordance with the terms of the certificate.

Notice of cancellation or expiry of policy

165(4)      Every insurer shall notify the registrar of the cancellation or expiry of any motor vehicle liability policy for which a certificate has been issued, at least ten days before the date of the cancellation or expiry; and, in the event of failure to give such notice, the policy shall remain in full force and effect.

RECIPROCAL ARRANGEMENTS

Suspension of driving privileges of non-resident judgment debtor

166(1)      Subject to subsection 270(1), where a judgment is rendered by any court in Canada or the United States against a person who is not a resident of the province and who fails to satisfy the judgment within 30 days from the date thereof, in an action for damages resulting from bodily injury to, or the death of, another, or damage exceeding $1,000. to property, occasioned by, or arising out of, the ownership, maintenance, operation, or use, of a motor vehicle by that person, the privilege of driving a motor vehicle in the province (other than to remove it therefrom) and the privilege of using, or having in the province, a motor vehicle registered in any province, state, or country in the name of that person, by reason thereof, is and becomes suspended forthwith upon the recovery of the judgment, and remains suspended until the person has, to the extent required by subsection 270(5), discharged or satisfied the judgment and given proof of financial responsibility.

Suspension of non-resident for conviction

166(2)      Where a person who is not a resident of the province is convicted by any court in Canada or the United States of an offence mentioned in subsection 264(1), or of an offence that, if committed in Manitoba, would be a violation of one or more of the provisions of the law mentioned in subsection 264(1), or forfeits his bail when charged with such an offence, the privilege of driving a motor vehicle in the province (other than to remove it therefrom) and the privilege of using, or having in the province, a motor vehicle registered in any province, state, or country in the name of that person, by reason of the conviction or forfeiture, is and becomes suspended forthwith upon such conviction or forfeiture, and remains suspended until he gives proof of financial responsibility.

Suspension of non-resident involved in accident

166(3)      Where a person who is not a resident of the province is the driver or owner of a motor vehicle that is in any manner, directly or indirectly, involved in an accident causing bodily injury to, or the death of, any person or damage to property in an amount apparently exceeding $1,000., the privilege of driving a motor vehicle in the province (other than to remove it therefrom) and the privilege of using, or having in the province, a motor vehicle registered in any province, state, or country in the name of that person, by reason of the motor vehicle being, directly or indirectly, involved in the accident, is suspended forthwith upon the happening of the accident, and remains suspended until the person

(a) gives security, sufficient in the opinion of the registrar, to satisfy any judgment that may thereafter be recovered against that person as a result of the accident, or any sum that may be agreed upon as liquidated damages, but subject to the limit as to amount stated in section 160; and

(b) gives proof of financial responsibility.

S.M. 1991-92, c. 25, s. 40 and 46.

Reciprocal suspension and cancellation of licences and registrations

167         Where under the laws of a province or territory of Canada or a state of the United States of America or the District of Columbia, a person's licence or the registration of a person's motor vehicle is suspended, cancelled or revoked or a person is disqualified or prohibited from driving a motor vehicle, holding a driver's licence or registering his or her vehicle under a provision of that law that the registrar determines to be analogous to a provision of this Act or the regulations, the registrar shall suspend, cancel or revoke the person's licence or the registration of the person's motor vehicle or disqualify the person from driving a motor vehicle, applying for or holding a driver's licence or registering his or her vehicle in Manitoba for the length of time provided under that law.

S.M. 1989-90, c. 56, s. 23.

PART VI

PROHIBITIONS, OFFENCES, AND PENALTIES

DIVISION I

PROHIBITIONS

AS TO REGISTRATIONS, LICENCES AND PERMITS

Age limit for registration

168(1)      No person under the age of sixteen years shall register a motor vehicle.

Limitation on registration by minors

168(2)      No person under the age of 18 years shall register a motor vehicle unless the application for registration is approved and signed

(a) by both of the applicant's parents;

(b) if the registrar is satisfied that it is not practical or desirable to obtain the approval and signature of both of the applicant's parents, by either of them;

(c) if one of the applicant's parents is dead, by the surviving parent;

(d) if the registrar is satisfied that the approval and signature of neither of the applicant's parents should be required, or if both of the applicant's parents are dead, by the applicant's legal guardian; or

(e) in circumstances described in clause (d) but in which the applicant has no legal guardian, by his or her employer, or any other person the registrar considers to be a responsible and suitable person.

Cancellation of registration issued to minor

168(3)      The registrar, on the written request of a person who has approved and signed an application by a minor pursuant to subsection (2) shall cancel the registration made by the minor.

S.M. 2001, c. 7, s. 16.

Prohibition of truck registration

169         No person shall register a motor vehicle that is not a truck as a truck.

Prohibitions respecting registrations, use of licences, cards, etc.

170(1)      No person shall

(a) use or possess a fictitious, cancelled or suspended registration;

(a.1) use or possess the licence of another person, or permit another to use or possess his or her licence, or possess a fictitious or altered licence, for any purpose other than one described in clause (a.2);

(a.2) use or possess the licence of another person, or permit another to use or possess his or her licence, or use or possess a fictitious or altered licence, for the purpose of purchasing or obtaining or attempting to purchase or obtain liquor in contravention of The Liquor and Gaming Control Act;

(b) apply for or obtain a new licence

(i) while the person's licence is suspended or the person is disqualified from holding a licence, or

(ii) if the person has not reinstated his or her licence and right to hold a licence after a suspension or cancellation;

(c) apply for or obtain a new a registration card for a vehicle

(i) while the vehicle's registration card is suspended or the person is disqualified from registering a vehicle, or

(ii) if the person has not reinstated the vehicle's registration card and his or her right to register a vehicle after a suspension or cancellation;

(d) use a driver's licence that is not valid;

(e) alter or deface a registration card, a licence, a motor vehicle liability insurance card, or a certificate of insurance issued under The Manitoba Public Insurance Corporation Act, or any other document, certificate, permit or card issued under, or required by, this Act or The Drivers and Vehicles Act;

(f) use or possess

(i) a licence that has been defaced, or

(ii) a registration card, a permit, a motor vehicle liability insurance card, or a certificate of insurance issued under The Manitoba Public Insurance Corporation Act, or any other document, certificate, permit or card issued under, or required by, this Act or The Drivers and Vehicles Act, that has been altered or defaced or is illegible;

(g) lend his permit or licence of any class to another person or permit another person to use it;

(h) when applying for a driver's licence or permit or a renewal, replacement or reinstatement of a driver's licence or permit represent himself or herself to be another person; or

(i) hold, at any time,

(i) both a valid driver's licence and a valid out-of-province driving permit, or

(ii) more than one valid out-of-province driving permit.

Application of clauses (1)(b) and (c)

170(1.1)    Clauses (1)(b) and (c) apply whether or not the period for which the cancelled or suspended licence or registration card was issued has expired when the person applies for or obtains the new licence or registration card.

Offence and penalty

170(2)      A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to the fine set out in subsection 239(1).

Additional penalty

170(3)      In addition to imposing a fine under subsection (2), the convicting judge or justice

(a) shall, if the contravention is under clause (1)(a.2),

(i) suspend the person's licence for a term of not more than one year, or

(ii) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction,

(A) the person does not hold a licence, or

(B) the person's licence is suspended or he or she is disqualified from holding a licence; and

(b) may, if the contravention is under another clause, impose such a suspension or disqualification.

Seizure of registration card, licence or other things

170(4)      A peace officer who on reasonable grounds believes that a person has contravened subsection (1) may

(a) seize the registration card, licence, document, certificate, permit or other card involved in the contravention; and

(b) if the contravention is under clause (1)(a) or (c) or subclause (1)(f)(ii), also seize the number plates involved in the contravention.

Disposition of seized items

170(5)      If a registration card, number plate, licence, document, certificate, permit or other card has been seized under subsection (4), the judge or justice hearing a proceeding about the contravention may

(a) order it confiscated; or

(b) order it returned to its owner, subject to such conditions as the judge or justice considers appropriate.

S.M. 1989-90, c. 55, s. 9; S.M. 1993, c. 40, s. 47; S.M. 1994, c. 4, s. 6; S.M. 2001, c. 7, s. 17; S.M. 2002, c. 40, s. 11; S.M. 2005, c. 37, Sch. B, s. 36; S.M. 2008, c. 36, s. 38; S.M. 2013, c. 51, Sch. B, s. 193.

Removing or defacing vehicle identification numbers

171(1)      No person shall

(a) remove, deface, alter, obliterate, destroy or make illegible the vehicle identification number of a motor vehicle; or

(b) operate, buy, sell, offer for sale or expose for sale a motor vehicle unless

(i) it has its vehicle identification number, and

(ii) that vehicle identification number has not been defaced, altered or obliterated and has not become illegible.

Application of clause (1)(a)

171(1.1)    Clause (1)(a) does not apply in relation to a motor vehicle whose vehicle identification number

(a) is removed or destroyed when a vehicle identification number authorized by the registrar under The Drivers and Vehicles Act is attached; or

(b) is destroyed when the motor vehicle is destroyed for scrap by a recycler after he or she has complied with the requirements of the regulations in relation to that motor vehicle.

Alteration or illegal use of plates

171(2)      No person shall

(a) deface or alter a number plate or use or permit the use of a defaced or altered number plate;

(b) deface or alter a currently valid validation sticker or use or permit the use of an altered or defaced currently valid validation sticker;

(b.1) deface or alter a registration class sticker or use or permit the use on a number plate of an altered or defaced registration class sticker;

(c) remove a number plate from a motor vehicle or trailer or a currently valid validation sticker or registration class sticker from the number plate on a motor vehicle or trailer except with the consent of the owner, under the authority of the registrar or as permitted by this Act, The Drivers and Vehicles Act or the regulations under either of those Acts;

(c.1) attach or permit the attachment to a motor vehicle or trailer of a fictitious number plate or anything that is made to resemble a number plate;

(c.2) operate or permit the operation of a motor vehicle or trailer to which is attached a fictitious number plate or anything that is made to resemble a number plate;

(d) attach or permit the attachment to a motor vehicle or trailer of a number plate that is not authorized for use on that motor vehicle or trailer, except as permitted by this Act, The Drivers and Vehicles Act or the regulations under either of those Acts;

(e) operate or permit the operation of a motor vehicle or trailer to which is attached a number plate that is not authorized for use on that motor vehicle or trailer, except as permitted by this Act, The Drivers and Vehicles Act or the regulations under either of those Acts; or

(f) display a validation sticker or registration class sticker on a number plate on a motor vehicle or trailer if it was not issued for display on that number plate.

Offence and penalty

171(3)      A person who contravenes a provision of subsection (1) or (2) is guilty of an offence and is liable on summary conviction to the penalties set out in section 239.

Seizure of number plates or other things

171(4)      A peace officer who on reasonable grounds believes that a person has contravened subsection (2) may seize the sticker, number plate or other thing involved in the contravention.

Disposition of seized items

171(5)      If a sticker, number plate or other thing has been seized under subsection (4), the judge or justice hearing a proceeding about the contravention may

(a) order it confiscated; or

(b) order it returned to its owner, subject to such conditions as the judge or justice considers appropriate.

S.M. 1994, c. 4, s. 7; S.M. 1997, c. 37, s. 19; S.M. 2002, c. 40, s. 12; S.M. 2005, c. 37, Sch. B, s. 37.

Misrepresenting model year

172(1)      No person shall represent the model year of a vehicle on a sale thereof, in offering it for sale, or in any application made for its registration or for a permit for it under this Act or The Drivers and Vehicles Act, to be other than the model year as designated by the manufacturer of the vehicle at the time it was manufactured.

172(2)      [Repealed] S.M. 2002, c. 40, s. 13.

S.M. 2002, c. 40, s. 13; S.M. 2005, c. 37, Sch. B, s. 38.

Driver's licence required

173(1)      No person shall drive a motor vehicle on a highway unless

(a) he or she holds a valid driver's licence of a class that authorizes him or her to operate the class of motor vehicle he or she is operating; or

(b) he or she holds a valid out-of-province driving permit that authorizes him or her to operate the class of motor vehicle he or she is operating, and he or she is authorized by section 31 of The Drivers and Vehicles Act to drive the motor vehicle in Manitoba.

Compliance with restricted licence

173(2)      A person who holds a licence issued under section 5 of The Drivers and Vehicles Act shall not drive a motor vehicle other than one the licence authorizes, and shall observe and conform to the restrictions, conditions or limitations stated in the licence.

S.M. 2001, c. 7, s. 18; S.M. 2005, c. 37, Sch. B, s. 39.

Prohibitions as to age and health

174(1)      No person shall drive a motor vehicle upon a highway

(a) who is under the age of 16 years; or

(b) who has a disease or disability that may be expected to interfere with the safe operation of a motor vehicle that may be operated with the class of licence or permit held by the person.

Non-application of clause (1)(a)

174(2)      Clause (1)(a) does not apply to a novice driver who holds a licence of a class or subclass prescribed for novice drivers in the regulations under The Drivers and Vehicles Act.

Minimum age for driving certain vehicles

174(3)      Except as otherwise permitted in this Act or The Off-Road Vehicles Act, no person who is under the age of 18 years shall operate a motor vehicle other than a class 5 or 6 motor vehicle.

174(4)      [Repealed] S.M. 2005, c. 37, Sch. B, s. 40.

S.M. 1989-90, c. 56, s. 24; S.M. 1995, c. 31, s. 12; S.M. 1999, c. 13, s. 2; S.M. 2001, c. 7, s. 19; S.M. 2005, c. 37, Sch. B, s. 40.

Driving of overweight vehicles prohibited

175(1)      The owner of a motor vehicle or trailer shall not drive or cause it to be driven upon a highway at any time when the gross weight thereof is in excess of that for which the motor vehicle or trailer is registered.

175(2)      [Repealed] S.M. 2002, c. 40, s. 13.

S.M. 2002, c. 40, s. 13.

Complying with conditional or restricted registration

176(1)      If the registrar has allowed the conditional or restricted registration of a motor vehicle under The Drivers and Vehicles Act, no person shall drive the motor vehicle on a highway, or permit the motor vehicle to be driven on a highway, except in compliance with the conditions or restrictions of the registration.

176(2)      [Repealed] S.M. 2002, c. 40, s. 13.

S.M. 1994, c. 4, s. 8; S.M. 2002, c. 40, s. 13; S.M. 2005, c. 37, Sch. B, s. 41.

Unduly slow speed prohibited

177(1)      No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable flow of traffic except when it is necessary to do so for safe operation or to comply with this Part.

177(2)      [Repealed] S.M. 1999, c. 13, s. 3.

Maximum speed for tractors and implements of husbandry

177(3)      No person shall drive a tractor, or drive or tow an implement of husbandry, at a speed that is more than the lesser of

(a) the lowest maximum rated speed of the tires of the tractor or implement, as indicated on the side walls of the tires; and

(b) 70 kilometres per hour.

Restriction on speed of special mobile machines

177(4)      No person shall drive a self-propelled special mobile machine on a highway at a speed in excess of 50 kilometres per hour.

Exception

177(4.1)    Subsection (4) does not apply to a truck which is a special mobile machine used for the ploughing or clearing of snow.

177(5)      [Repealed] S.M. 2001, c. 19, s. 18.

S.M. 1989-90, c. 56, s. 25; S.M. 1999, c. 13, s. 3; S.M. 2001, c. 19, s. 18.

Warning device on slow vehicles

178(1)      Subject to subsection (2), no person shall drive or operate on a highway any vehicle travelling at a speed less than 40 kilometres per hour unless there is displayed on the back thereof a reflectorized warning device of a type approved by the traffic board indicating that it is a slow moving vehicle, or the vehicle is permitted to be equipped with, and is equipped with, a lamp that emits an amber light and that lights intermittently or flashes, and the lamp is in operation and the light therefrom is visible from the rear.

Where subsection (1) not applicable

178(2)      Except as provided in the regulations, subsection (1) does not apply to a vehicle, moped or mobility vehicle that is being driven at a speed of less than 40 kilometres per hour

(a) in order to comply with any provision of this Act or the regulations or with the order of a peace officer or with the directions indicated by means of a traffic control device; or

(b) when the vehicle, having been stopped, has just been put into operation and the speed thereof is being accelerated, or when the speed of the vehicle is being decreased in order to bring it to a stop; or

(c) when the vehicle is disabled and is being towed or when, due to mechanical failure, it is impossible to drive the vehicle at more than 40 kilometres per hour.

S.M. 1996, c. 19, s. 5; S.M. 1999, c. 13, s. 4.

Unnecessary noise or smoke

179(1)      No person in control or charge of a motor vehicle shall,

(a) sound or permit the sounding of any bell, horn, or other signalling device so as to make an unnecessary noise; or

(b) permit any unnecessary amount of smoke to escape from the motor vehicle; or

(c) cause the motor vehicle to make an unnecessary noise by cutting out the muffler or otherwise; or

(d) drive the motor vehicle upon a highway unless it is equipped with a muffler in good working order;

but clause (a) does not apply to police or fire department vehicles or to ambulances while such vehicles or ambulances are travelling in emergencies, or to a motor vehicle operated under the authority of the Provincial Co-ordinator of Civil Defence for Manitoba.

Unnecessary noise

179(2)      No person shall start, drive, turn or stop a motor vehicle, or accelerate the motor of a motor vehicle while it is stationary, in such a manner as to cause any loud and unnecessary noise in, or from, the engine, exhaust system or braking system, or from the contact of tires with the roadway.

Registration of farm truck

180(1)      No person, other than a farmer, shall register a truck as a farm truck.

Prohibition re operating beacons

180(1.1)    No person shall drive a farm truck on a highway while it is equipped with an amber oscillating lamp that is illuminated unless the farm truck is

(a) being used for the transportation of produce, a product, a commodity or property described in clause (2)(a), (b), (c) or (e); or

(b) towing a vehicle.

Authorized use of farm truck

180(2)      A farm truck may be used by the registered owner thereof, or by a member of his family or his employee, for the transportation of

(a) produce or products, including livestock, of his own farm; or

(b) commodities or other property for use on his farm; or

(c) produce or products of the farm except

(i) milk and eggs belonging to another farmer, and

(ii) livestock belonging to another farmer unless the livestock is being transported to or from a farm, pasture or agricultural exhibition or fair and the gross vehicle weight of the vehicle or combination of vehicles used does not exceed 13,500 kilograms; or

(d) himself or members of his family, or his employees; or

(e) property belonging to another farmer for use on that other farmer's farm.

Use of farm truck by municipal councillors etc.

180(2.1)    A farm truck may be used

(a) by a member of a municipal council, or of the council of a local government district, in the course of performing his or her duties and functions as such; and

(b) by a volunteer, part-time or on-call fire-fighter or emergency medical responder in the course of performing his or her duties and functions as such.

Limitation on use of farm truck

180(3)      No person shall use a farm truck for the transportation of goods, wares, merchandise or other commodities, produce or livestock, or of persons, except as provided in subsection (2) and (2.1).

Farm truck not to be used for hire

180(4)      Except as permitted under subsection (2.1), no person shall use a farm truck for the transportation of persons or property for hire, gain or reward or the hope or expectation thereof.

180(4.1)    [Repealed] S.M. 1999, c. 13, s. 5.

Operation of farm truck for limited compensation

180(5)      Notwithstanding subsection (4), a person may use a farm truck

(a) to transport cereal grain, oil seeds or sugar beets from the farm where the crop was grown to a grain elevator or processing plant; or

(b) to transport vegetables or fruit from the farm where the crop was grown to a processing plant or to market; or

(c) to transport livestock to or from a farm, pasture, or agricultural exhibition or fair, where the gross vehicle weight of the vehicle or combination of vehicles used does not exceed 13,500 kilograms; or

(d) in the case of a fire of or in a grain elevator, to transport grain stored in the grain elevator to a place directed by the owner of the grain elevator;

and may receive compensation therefor not to exceed indemnification for out of pocket expenses actually incurred in the performance of the transportation.

Identification of livestock

180(6)      Every person transporting livestock by means of a farm truck shall comply with the applicable provisions of The Livestock and Livestock Products Act.

S.M. 1985-86, c. 13, s. 3; S.M. 1987-88, c. 23, s. 13 to 15; S.M. 1989-90, c. 56, s. 26 to 28; S.M. 1991-92, c. 25, s. 47 and 48; S.M. 1996, c. 19, s. 6; S.M. 1997, c. 31, s. 27; S.M. 1999, c. 13, s. 5.

Towing of vehicles transporting hazardous commodities

181         Every person towing a vehicle or tank-trailer that is transporting any hazardous commodity upon a highway shall comply with the regulations.

Moving vehicle not under control prohibited

182(1)      No person shall cause a vehicle to move on a highway if

(a) the control of the driver over the driving mechanism of the vehicle; or

(b) the view of the driver to the front or sides of the vehicle;

is obstructed or limited by reason of the load or the number of persons on the front seat, or in any other part of the vehicle.

Passengers not to block view of driver

182(2)      A passenger in a vehicle shall not occupy a position in it that interferes with the driver's view to the front or sides of the vehicle or with his control over the driving mechanism of the vehicle.

Undue crowding on front seat prohibited

182(3)      No driver of a motor vehicle shall permit more than two passengers to sit on the front or driver's seat of the vehicle while it is being driven on a highway, or permit any passenger to occupy any other portion of the vehicle in such a way that the view of the driver to the front or sides of the vehicle is obstructed or limited.

Obstruction of view

182(4)      Subject to section 58, no person shall drive a motor vehicle upon a highway while anything other than a standard rear view mirror or sun visor

(a) obstructs the view from the front windshield; or

(b) obstructs the view from the side windows; or

(c) obstructs the view from the rear windows unless the motor vehicle is equipped on each side thereof with a mirror, securely attached thereto and placed in such a position as to afford the driver, while driving, a clear view of the roadway in the rear and on both sides of the motor vehicle and of any vehicle approaching from the rear.

No plastic, etc. to be applied to windows

182(5)      No person shall apply a plastic film or substance to the windshield, side windows or rear window of a motor vehicle which, after application,

(a) reduces the transmission of light through the windshield or window below the minimum level for light transmission prescribed in the regulations; or

(b) causes reflection of light above the maximum level for light reflection prescribed in the regulations.

Certain types of glass prohibited

182(6)      No person shall equip a motor vehicle with glass of a type which transmits light in one direction only.

Driving vehicle with plastic applied to windows prohibited

182(7)      No person shall drive a motor vehicle on a highway which has been equipped contrary to subsection (5) or (6).

Use of frost shields excepted

182(8)      Subsections (5), (6) and (7) do not apply in the case of a motor vehicle equipped with frost shields as required by the Act or displaying a sticker for which a permit has been issued under section 58.

Occupancy of "bucket" seats

182(9)      Where any seat installed in the front of a motor vehicle is of a type designed to accommodate one person only, commonly called a "bucket" seat,

(a) the driver of the vehicle shall not permit more than one person to occupy that seat;

(b) the driver of the vehicle shall not permit any person to occupy the space between the driver's seat and the seat immediately beside the driver;

(c) no person shall, together with another person, occupy the seat; and

(d) no person shall occupy the space between the driver's seat and the seat next to the driver's seat.

182(10)     [Repealed] S.M. 1989-90, c. 56, s. 30.

S.M. 1989-90, c. 56, s. 29 and 30.

Dangerous riding

183(1)      No driver of a motor vehicle being driven on a highway shall permit a person to ride on the motor vehicle, or on any trailer that is attached thereto, in a manner that is unsafe or dangerous, or on the hood, fenders, or running boards of the motor vehicle; and no person shall ride on a motor vehicle in any manner or position mentioned in this section.

Riding in house trailer

183(2)      No person shall occupy a house trailer while it is being moved upon a highway.

Driver's responsibility for house trailer

183(3)      No driver of a motor vehicle towing a house trailer shall permit any person to occupy the house trailer while it is being moved upon a highway.

Definition of "house trailer"

183(4)      In this section "house trailer" means a vehicle capable of being attached to and drawn by a motor vehicle, and designed, constructed, or equipped for use as living or sleeping quarters for a person or persons.

Driver of motorcycle or moped to be on the seat

184(1)      A person who is driving a motorcycle or moped shall ride only upon the regular driver's seat attached to it.

Position of seat on motorcycle or moped

184(2)      No person shall drive a motorcycle or moped upon a highway with the driver's seat placed otherwise than in the position thereon provided for by the manufacturer of the motorcycle or moped.

Limitation on carriage of passengers on motorcycles

184(3)      No person, other than the driver, shall ride on a motorcycle unless

(a) it is designed and equipped to carry more than one person; and

(b) he rides on a seat attached to the motorcycle and designed to carry a passenger.

Position of passenger seat, etc.

184(4)      No person shall operate a motorcycle upon a highway unless

(a) the passenger's seat thereon, if any, is so placed as not to interfere with the operation of the motorcycle by the driver thereof; and

(b) the motorcycle is equipped with foot-rests for the passenger.

Responsibility of driver

184(5)      No person who is driving a motorcycle shall permit another person to ride on it in violation of subsection (3).

Restriction on carrying passengers on a moped

184(6)      Subject to subsection (8), no person shall carry or transport a passenger on a moped while it is being operated on a highway.

Transporting objects on moped

184(7)      No person, while operating a moped on a highway, shall carry or transport

(a) any object or thing on the front of the moped; or

(b) any object or thing on the rear of the moped that is of such size or is placed in such a way as to interfere with the proper operation and control of the moped by the operator, or that constitutes a hazard to other traffic.

Transportation of infant on mopeds

184(8)      Subsection (6) does not apply to the operator of a moped that is carrying an infant, if

(a) the infant is on a seat especially designed for carrying infants on mopeds;

(b) the infant is under the age of 6 years;

(c) the seat is securely attached to the moped, behind the regular seat and as far forward and in as low a position as is practicable;

(d) the seat is equipped with a seat belt which fastens the infant, when the seat is occupied by the infant, at all times while the moped is in motion; and

(e) the seat is equipped with a shield to prevent any part of the body or clothing of the infant from coming into contact with any moving part of the moped.

Mopeds not to operate on certain Provincial Trunk Highways

185(1)      Subject to subsection (2), no person shall operate a moped or a mobility vehicle on a Provincial Trunk Highway on which the maximum speed limit is more than 80 kilometres per hour.

Exception

185(2)      Subsection (1) does not apply to an operator of a moped or a mobility vehicle crossing a Provincial Trunk Highway on which the speed limit is greater than 80 kilometres per hour if the crossing is made at an intersection and in the most direct route.

S.M. 1986-87, c. 14, s. 21 and 22.

Definition

186(1)      In this section, "child restraining device" means a child restraining device as defined in the regulations.

Condition of seat belt assembly

186(2)      No person shall, on a highway, operate or permit the operation of a motor vehicle in which a seat belt assembly, or an automatic occupant protection system as defined in the regulations made under the Motor Vehicle Safety Act (Canada) and required by those regulations at the time the motor vehicle was manufactured in Canada or imported into Canada, has been removed, or has been modified or rendered partly or wholly inoperative so as to reduce its effectiveness.

Seat belt required by driver

186(3)      Subject to subsection (5), every person who drives on a highway a motor vehicle in which a seat belt is provided for the driver must wear the complete seat belt in a properly adjusted and securely fastened manner.

Seat belt required by passenger

186(4)      Subject to subsection (5), a passenger in a motor vehicle that is being driven on a highway and in which a seat belt is provided for the seating position occupied by the passenger must wear the complete seat belt in a properly adjusted and securely fastened manner.

When seat belts not required to be worn

186(5)      Subsections (3) and (4) do not apply to a person

(a) driving a motor vehicle in reverse;

(b) if the person is named in a certificate signed by a qualified medical practitioner certifying that the person is, during the period stated in the certificate, unable for medical reasons to wear a seat belt, and the certificate is produced to a peace officer on request;

(c) if a peace officer is satisfied that, by reason of the person's size, build or other physical characteristics, the person is unable to wear a seat belt;

(d) while the person is engaged in work which requires the person to alight from and re-enter the motor vehicle at frequent intervals and who while engaged in the work does not drive at a speed faster than 40 km/h;

(e) who is a peace officer if wearing a seat belt would obstruct or hinder the officer in performing his or her duties;

(f) who is engaged in instructing another person to drive;

(g) who is a provincial driver examiner while engaged in driver examination;

(h) who is a child of an age, weight or height specified in the regulations; or

(i) who is in the care or custody of a peace officer.

Drivers' responsibility re young people

186(6)      Subject to subsection (7), no person shall drive on a highway a motor vehicle in which there is a passenger who is younger than 18 years of age and who occupies a seating position for which a seat belt is provided unless the passenger is wearing the complete seat belt in a properly adjusted and securely fastened manner.

When subsection (6) does not apply

186(7)      Subsection (6) does not apply if

(a) the passenger is named in a certificate signed by a qualified medical practitioner certifying that the passenger is, during the period stated in the certificate, unable for medical reasons to wear a seat belt, and the certificate is produced to a peace officer on request;

(b) a peace officer is satisfied that, by reason of the passenger's size, build or other physical characteristics, the passenger is unable to wear a seat belt;

(c) the passenger is engaged in work which requires the passenger to alight from and re-enter the motor vehicle at frequent intervals and it is not being driven at a speed faster than 40 km/h;

(d) the passenger is in the care or custody of a peace officer; or

(e) the passenger is a child of an age, weight or height specified in the regulations.

Driving while on duty

186(8)      Subsections (3), (4) and (6) do not apply to

(a) a peace officer who, while performing his or her duties, is transporting a person in the officer's care or custody;

(b) the driver of a taxicab or livery motor vehicle while he or she is transporting a passenger for hire; or

(c) a medical attendant who is attending to a patient being transported in an ambulance.

Child restraining devices

186(9)      No person shall drive a motor vehicle on a highway unless every passenger who is of an age, weight or height specified in the regulations is properly seated and restrained in a child restraining device as required by the regulations.

Requirement for seat belts on sale of motor vehicle

186(10)     No manufacturer of motor vehicles and no dealer, and no agent or employee of a manufacturer of motor vehicles or a dealer, and no other person, shall sell a motor vehicle that is, or is advertised to be, a motor vehicle of the model or make of the year 1971 or any subsequent year, unless the motor vehicle is equipped at the time of sale with a seat belt assembly or automatic occupant protection system, as defined in and required by the regulations made under the Motor Vehicle Safety Act (Canada), installed by the manufacturer.

Removal of seat belts prohibited

186(11)     No person shall remove from a motor vehicle any part of a seat belt assembly or automatic occupant protection system as defined in the regulations made under the Motor Vehicle Safety Act (Canada) and as required under those regulations at the time the motor vehicle was manufactured in Canada or imported into Canada, except to replace broken, worn or damaged parts thereof.

Offence and penalty

186(12)     A person who contravenes this section is guilty of an offence and

(a) if the contravention is under subsection (2), (3), (4), (6) or (9), is liable on summary conviction to the penalties set out in section 239; and

(b) if the contravention is under subsection (10) or (11), is liable on summary conviction to the fine set out in subsection 239(1).

Minors not subject to penalty

186(13)     Subsection (12) does not apply to a person who contravenes subsection (4) if that person at the time of the contravention is under 18 years of age.

Regulations

186(14)     The Lieutenant Governor in Council may make regulations

(a) defining "child restraining device";

(b) prescribing standards to which child restraining devices must conform and governing or prohibiting the sale or use of child restraining devices that do not meet the requirements of the standards;

(c) for the purpose of clause (5)(h), specifying the age and physical characteristics of children who are exempt from the application of subsection (4);

(d) for the purpose of clause (7)(e), specifying the age and physical characteristics of children who are exempt from the application of subsection (6);

(e) for the purpose of subsection (9), respecting child restraining devices and their proper use, including

(i) specifying the age and physical characteristics of children who are required to be seated in child restraining devices,

(ii) classifying children based on age, physical characteristics or other characteristics,

(iii) prescribing different child restraining devices for different classes of children,

(iv) prescribing the manner in which a child is to be seated and restrained in a child restraining device, and

(v) prescribing the manner in which a child restraining device is to be installed or secured in a motor vehicle;

(f) respecting the exemption, with or without conditions, of certain classes or types of vehicles or classes of persons from the operation of a provision of this section;

(g) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section.

S.M. 1991-92, c. 25, s. 49 to 52; S.M. 1992, c. 12, s. 3; S.M. 2002, c. 40, s. 14; S.M. 2012, c. 10, s. 3.

Smoking prohibited in motor vehicle if child present

186.1(1)    No person shall smoke tobacco or have lighted tobacco in a motor vehicle while another person who is younger than 16 years of age is in the vehicle.

Smoking by children in a motor vehicle prohibited

186.1(2)    No person who is younger than 16 years of age shall smoke tobacco or have lighted tobacco in a motor vehicle.  This subsection applies even if the person is alone in the vehicle and regardless of the age of any other person in the vehicle.

Prohibitions apply whether motor vehicle enclosed or not

186.1(3)    Subsections (1) and (2) apply in respect of a motor vehicle even if its top or a window, sunroof, door or other feature of the vehicle is open.

Offence and penalty

186.1(4)    A person who contravenes subsection (1) or (2) is guilty of an offence and is liable on summary conviction to a fine of not more than $1,000.

S.M. 2009, c. 6, s. 2.

Helmets required when on a motorcycle or moped

187(1)      No person shall ride on or operate a motorcycle or moped on a highway without wearing on his or her head a helmet that is properly adjusted and securely fastened, and conforms to the standards and specifications set out in the regulations.

Where helmets not required

187(2)      Subsection (1) does not apply to the operator or passenger of a motorcycle which is manufactured with a cab that encloses and protects the operator and passenger.

187(3)      [Repealed] S.M. 2002, c. 40, s. 15.

Regulations

187(4)      The Lieutenant Governor in Council may make regulations prescribing the standards and specifications of helmets referred to in subsection (1).

S.M. 2002, c. 40, s. 15; S.M. 2004, c. 30, s. 24.

Definition of "drive carelessly"

188(1)      In this section, "drive carelessly" or "driving carelessly" means to drive or driving a vehicle on a highway without due care and attention or without reasonable consideration for other persons using the highway.

Prohibition of careless driving

188(2)      No person shall drive carelessly.

Offence and penalty

188(3)      A person who contravenes subsection (2) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.

Licence suspension or disqualification

188(4)      In addition to imposing a fine under subsection (3), the convicting judge or justice may

(a) suspend the person's licence for a term of not more than one year; or

(b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction,

(i) the person does not hold a licence, or

(ii) the person's licence is suspended or he or she is disqualified from holding a licence.

S.M. 2002, c. 40, s. 16.

Racing on highway prohibited

189(1)      No person shall race a motor vehicle with another motor vehicle upon a highway.

Offence and penalty

189(2)      A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.

Licence suspension or disqualification

189(3)      In addition to imposing a fine under subsection (2), the convicting judge or justice may

(a) suspend the person's licence for a term of not more than one year; or

(b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction,

(i) the person does not hold a licence, or

(ii) the person's licence is suspended or he or she is disqualified from holding a licence.

S.M. 2002, c. 40, s. 17.

Offence re damaging a highway

189.1(1)    If a highway is damaged by a vehicle or by the load on a vehicle, the following persons are guilty of an offence:

(a) the driver who was driving or towing the vehicle when the damage occurred, and any person who caused or permitted him or her to drive or tow it;

(b) any person who loaded the vehicle, and any person who caused or permitted another person to load the vehicle, if the load

(i) was higher or wider than the maximum height or width allowed under this Act or the regulations, or

(ii) did not comply with the conditions of a permit that had been issued under section 87 in respect of the vehicle or load.

Offence by vehicle owner

189.1(2)    The owner of a vehicle by means of which or in relation to which an offence under subsection (1) is committed is guilty of the same offence.

Penalty

189.1(3)    A person who is guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine of not more than $5,000.

S.M. 2008, c. 15, s. 2.

Safety zones

190(1)      No person shall drive a vehicle through or within a safety zone.

190(2)      [Repealed] S.M. 2004, c. 30, s. 25.

S.M. 2004, c. 30, s. 25.

Prohibition of certain U-turns

191         No driver shall turn a vehicle so as to proceed in the opposite direction,

(a) unless he can do so without interfering with other traffic; or

(b) when he is driving

(i) upon a curve; or

(ii) upon an approach to, or near, the crest of a grade where the vehicle cannot be seen by the driver of another vehicle approaching from either direction within 150 metres; or

(iii) at a place where a sign prohibits making a U-turn.

Limitation respecting backing up

192         No driver shall back a vehicle unless the movement can be made in safety and without interfering with other persons upon the highway and other vehicles lawfully thereon.

Prohibition of driving on sidewalk

193(1)      Except when entering or leaving a driveway or lane or when entering upon or leaving land adjacent to a highway, no driver shall drive a vehicle upon a sidewalk.

Driving on a dividing section

193(2)      On a divided highway no driver shall drive a vehicle over, across, or within the intervening space, barrier, or dividing section, except at a crossover or intersection established by a traffic authority.

Entering limited access highways

194(1)      Where on a limited access highway there is a place at which vehicles are permitted to enter, no person shall drive a vehicle onto the highway except at that place.

Leaving limited access highways

194(2)      Where on a limited access highway there is a place at which vehicles are permitted to leave, no person shall drive a vehicle from the highway except at that place.

Driving on median and right-of-way prohibited

195(1)      Subject to subsection (2), no person shall drive a motor vehicle upon a median of a highway or any portion of the right-of-way of a highway not designed for travel by motor vehicles.

Exceptions

195(2)      Subsection (1) does not apply to drivers of special mobile machines, tractors used for maintenance, tow trucks, police vehicles, or other emergency vehicles including motor vehicles used for the repair or construction of telephone or power lines.

Limitation on locking wheels

196(1)      No person driving a vehicle on a highway shall lock any wheel of the vehicle except with the device commonly known as a lock-shoe.

Moving dangerous objects prohibited

196(2)      No vehicle shall be driven, or object moved over, upon, or along, a highway that is likely to cause damage to the highway.

Definition of "air cushion vehicle"

197(1)      In this section "air cushion vehicle" means a vehicle other than a motor vehicle, that is designed to derive support and thrust in the atmosphere primarily from reactions against the earth's surface of air expelled from the vehicle and that is commonly referred to as a "hovercraft".

Restriction of hovercraft on highways

197(2)      No person shall operate an air cushion vehicle over, upon or across a highway except as may be provided in the regulations.

Responsibility of owner of air cushion vehicle

197(3)      No owner of an air cushion vehicle shall permit or authorize any person to operate the air cushion vehicle over, upon or across a highway except as provided in the regulations.

Aircraft use of highways prohibited

197.1(1)    Except as permitted by subsection (2), the regulations or a by-law made by a traffic authority under subsection (3), no person shall cause or permit an aircraft

(a) to land on a highway; or

(b) to take off from a highway.

Exceptions for emergency landings, etc.

197.1(2)    Subsection (1) does not apply in respect of an aircraft that

(a) lands or takes off as the result of a medical emergency or in the course of a search and rescue, police, forest fire fighting or life saving operation; or

(b) lands as the result of a mechanical emergency, when no viable landing site other than the highway is available.

By-laws by traffic authorities

197.1(3)    Subject to subsection (4), a traffic authority that is a municipality, the council of a band or a local government district may make by-laws, not inconsistent with the Aeronautics Act (Canada) and the regulations under that Act,

(a) prohibiting aircraft from landing on or taking off from highways under its authority;

(b) regulating the use of highways under its authority by aircraft for landings and takeoffs, including, but not limited to, requiring a permit to be obtained before any such use.

By-laws subject to regulations in certain cases

197.1(4)    A traffic authority may make by-laws under subsection (3) despite any regulations under this Act regulating the use of highways for aircraft landings and takeoffs, but a by-law under clause (3)(b) may not contain safety and other requirements that are less stringent than the requirements set out in the regulations.

By-laws affecting departmental roads

197.1(5)    When a by-law of a traffic authority under subsection (3) affects a departmental road, as defined in The Highways and Transportation Act, the by-law has no effect unless it is approved in writing by the minister or the minister's delegate, and the notice of approval is attached to and forms part of the by-law.

Withdrawal of approval

197.1(6)    The minister or the minister's delegate may, by a notice in writing, withdraw an approval given under subsection (5), and the withdrawal is effective, and the by-law previously approved is void, on and from the date set out in the notice.

Offence and penalty

197.1(7)    A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000.

S.M. 2002, c. 40, s. 18.

Cleaning of livestock vehicles

198         A person who transports livestock or other animals in a truck or trailer shall not drive or leave the truck or trailer upon any highway when not transporting livestock or other animals unless the truck or trailer has been thoroughly cleansed and all excrement and filth has been removed therefrom.

AS TO USE OF MOTOR VEHICLE BY PERSONS

Permitting vehicle to be driven by unauthorized person prohibited

199(1)      No person shall authorize or permit a motor vehicle owned by him or her or under his or her control to be driven on a highway by a person who is not authorized to drive it under this Act or The Drivers and Vehicles Act.

Hiring vehicle to unauthorized person prohibited

199(2)      No person shall let a motor vehicle for hire to a person who is not authorized to drive it under this Act or The Drivers and Vehicles Act.

S.M. 2005, c. 37, Sch. B, s. 42.

200         [Repealed]

S.M. 1994, c. 4, s. 9.

Operating vehicle without owner's consent

201(1)      No person shall operate a motor vehicle on a highway without the consent of the owner.

Definition of "owner"

201(2)      For the purpose of subsection (1), "owner" includes, in addition to its meaning under section 1, any person to whom the motor vehicle has been lent by the owner or who for the time being has otherwise the permission of the owner to use it for his own purposes.

S.M. 1997, c. 37, s. 20.

Use of old school buses

202         No person who acquires or has possession of a used school bus which is no longer used for the purpose of a school bus shall drive it upon a highway, or cause, authorize or permit it to be driven upon a highway, unless

(a) all signs or words which identify the motor vehicle as a school bus have been removed from the vehicle;

(b) the signal lights authorized under subsections 37(8) or (13) have been removed from the vehicle; and

(c) the front and rear of the bus have been repainted with a colour other than chrome yellow.

Radar detection devices

203(1)      No person shall

(a) drive a motor vehicle that is equipped or equip a motor vehicle, with a device for detecting radar speed determination equipment; or

(b) have possession of a device for detecting radar speed determination equipment, in a motor vehicle; or

(c) permit a motor vehicle of which he is the registered owner to become or to remain equipped with a device for detecting radar speed testing equipment.

Seizure of radar detecting device

203(2)      Where a peace officer finds

(a) a vehicle that is equipped with a device for detecting radar speed determination equipment; or

(b) a person in possession of a device for detecting radar speed determination equipment, in a motor vehicle;

he may seize the device.

Disposition of seized device

203(3)      Where the device for detecting radar speed determination equipment has been seized by a peace officer, under subsection (2), the judge or justice hearing any matter under subsection (1) may order it confiscated or returned to the owner subject to such conditions as the judge or justice may deem reasonable and just.

AS TO EQUIPMENT

Driving without required equipment

204(1)      No person shall drive a motor vehicle upon a highway or suffer, authorize, permit, or cause, a motor vehicle to be driven upon a highway, unless

(a) every lamp of over four mean spherical candle power carried by the motor vehicle complies at all times with the requirements of this Act;

(b) it is equipped with brakes such as are required by this Act and the regulations and the brakes are so constructed and so adjusted as to be capable of bringing the motor vehicle, when travelling under normal conditions at 30 kilometres per hour, to a full stop within the respective distances prescribed by this Act and the regulations;

(c) the owner thereof has complied in all respects with the requirements of this Act and of the regulations;

(d) it is equipped and constructed as required by this Act and the regulations;

(e) it is mechanically and otherwise fit to be driven on a highway;

(f) it is not otherwise in a condition that is likely to cause injury to persons or property;

(g) it is loaded in such a way that it is not likely to cause injury to persons or property.

Application of subsection (1) to other vehicles

204(2)      Subsection (1) applies, mutatis mutandis, to vehicles other than motor vehicles upon a highway.

Non-application of clauses (1)(a), (c) and (d)

204(3)      If the registrar has allowed the conditional or restricted registration of a motor vehicle under The Drivers and Vehicles Act, clauses (1)(a), (c) and (d) do not apply in respect of the motor vehicle to the extent that the registration allows it to deviate from the equipment requirements of this Act or the regulations.

S.M. 2005, c. 37, Sch. B, s. 43.

Standards of vehicles for manufacturers and distributors

205(1)      No manufacturer or distributor of motor vehicles manufactured in the province for sale in the province shall sell, offer for sale, have in possession for sale, or deliver for sale, a new motor vehicle of a prescribed class unless the motor vehicle and its components comply with all safety standards prescribed in the Motor Vehicle Safety Act (Canada) and the regulations made thereunder.

Compliance by dealer with standards

205(2)      No dealer shall sell, offer for sale, have in possession for sale, a new motor vehicle or trailer unless the motor vehicle or trailer and its components comply with all safety standards prescribed in the Motor Vehicle Safety Act (Canada) and the regulations made thereunder, and the motor vehicle or trailer bears the National Safety Mark referred to therein.

Modification re standards

205(3)      No distributor or dealer shall modify or alter a new motor vehicle, or exchange components of a new motor vehicle, of a class for which standards are prescribed, in such a manner that the motor vehicle would not comply with the standards prescribed for the motor vehicle and its components in the Motor Vehicle Safety Act (Canada) and the regulations made thereunder.

Standards of components

205(4)      No person shall sell, offer for sale, have in possession for sale, or deliver for sale, in the province components of a motor vehicle in respect of which standards are prescribed and that do not comply with all safety standards applicable thereto.

Offence and penalty

205(5)      A person who contravenes a provision of this section is guilty of an offence and

(a) if the person is a manufacturer and the contravention is under subsection (1) or (4), is liable on summary conviction to a fine of not more than $5,000.; and

(b) if the person is not a manufacturer, is liable on summary conviction to a fine of not more than $2,000.

S.M. 2002, c. 40, s. 19.

Definitions re immobilization systems

205.1(1)    The following definitions apply in this section.

"approved theft deterrent immobilizer" means an electronic immobilization system for motor vehicles that is approved for use in Canada as an approved theft deterrent system by the Insurance Bureau of Canada. (« dispositif d'immobilisation antivol approuvé »)

"immobilization system" means any of the following:

(a) an immobilization system that meets the requirements of section 114 of Schedule IV to the Motor Vehicle Safety Regulations, C.R.C., c. 1038, whether it is installed in the motor vehicle by its manufacturer at the time of manufacture or by any person after that time;

(b) an electronic immobilization system that meets the requirements of paragraph (a) of subsection 12(4.1) of the Motor Vehicle Safety Regulations, C.R.C., c. 1038, and is in a motor vehicle that was imported into Canada in the circumstances described in that subsection;

(c) an approved theft deterrent immobilizer. (« système d'immobilisation »)

Disabling or removing immobilization system

205.1(2)    Subject to the regulations under this Act respecting approved theft deterrent immobilizers, no person whose business is servicing or modifying motor vehicles shall disable or interfere with the proper functioning of a motor vehicle's immobilization system or remove it from the vehicle, unless

(a) it is necessary to do so to repair the immobilization system or to service or modify the vehicle;

(b) the owner has consented; and

(c) without delay after completing the service, repair or modification, the person ensures that the immobilization system is re-enabled or re-installed and is functioning properly.

Offence and penalty

205.1(3)    A person who contravenes subsection (2) or a provision of the regulations governing the installation, removal, repair and reinstallation of approved theft deterrent immobilizers is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.

S.M. 2010, c. 19, s. 2.

Definition of "air bag"

205.2(1)    In this section, "air bag" means

(a) an air bag as defined in section 2 of the Motor Vehicle Safety Regulations, C.R.C., c. 1038, with which a motor vehicle is equipped; and

(b) all the related systems in the motor vehicle for deploying the air bag and monitoring its functioning.

Disabling or removing air bag prohibited

205.2(2)    Except as permitted by subsection (3), no person shall disable or interfere with the proper functioning of an air bag in a motor vehicle or remove it from the vehicle, unless

(a) it is necessary to do so to repair the air bag or to service or modify the motor vehicle; and

(b) without delay after completing the service, repair or modification, the person ensures that the air bag is re-enabled or re-installed and is functioning properly.

Exceptions

205.2(3)    As exceptions to subsection (2),

(a) a person may install a manual cut-off switch in a motor vehicle to disable an air bag if the person's installation of the cut-off switch is authorized for the vehicle under the Motor Vehicle Safety Regulations, C.R.C., c. 1038, and other persons may disable the air bag by means of the cut-off switch;

(b) if the owner of a motor vehicle has written permission from Transport Canada to have an air bag in the vehicle disabled,

(i) a person may install a device in the motor vehicle that disables the air bag, or may disable the air bag in another manner, if he or she complies with the conditions of the permission, and

(ii) other persons may disable the air bag by means of the disabling device;

(c) a recycler may remove an air bag from a motor vehicle that he or she is recycling or that is being recycled by another recycler; and

(d) a person may remove an air bag from a motor vehicle if

(i) the vehicle is not registered under The Drivers and Vehicles Act or under a comparable Act in another jurisdiction,

(ii) the person owns the vehicle or has permission from its owner to remove the air bag, and

(iii) the vehicle is being dismantled for parts or destroyed for scrap.

Offence and penalty

205.2(4)    A person who contravenes subsection (2) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.

S.M. 2010, c. 19, s. 2.

Retreading and recapping tires

206(1)      No person shall retread a tire or recap a tire for sale in Manitoba, or as a service provided in Manitoba, unless he imprints thereon on one side thereof the word "retread" or "recap" or "rechapé", as the case may be, in letters of not less than 6 millimetres high.

Sale of retreads, etc.

206(2)      No person shall sell, offer for sale, have in possession for sale, or deliver for sale, in Manitoba, a tire that has been retreaded or recapped unless there is imprinted thereon on one side thereof the word "retread" or "recap" or "rechapé", as the case may be, in letters of not less than 6 millimetres high.

New tires to comply with safety standards

206(3)      No person shall sell, offer for sale, have in possession for sale or deliver for sale, new pneumatic tires for use on motor vehicles unless they comply with all safety standards prescribed in the Motor Vehicle Tire Safety Act (Canada) and the regulations made thereunder.

206(4)      [Repealed] S.M. 2002, c. 40, s. 20.

S.M. 2002, c. 40, s. 20.

Operating altered motorcycle

207         No person shall operate or permit to be operated upon a highway a motorcycle the steering neck angle of the front frame of which has been altered from the original form and dimension of the steering neck angle of the front frame as originally supplied by the manufacturer to the 1st purchaser of the motorcycle.

Offence and penalty re inspection certificates

207.1       Any person who

(a) not being a qualified mechanic, issues a certificate authorized to be issued by a qualified mechanic;

(b) issues a certificate authorized to be issued by a qualified mechanic, knowing that it is false or misleading or that it misrepresents or fails to disclose a material fact; or

(c) submits to the registrar a certificate authorized to be issued by a qualified mechanic, knowing that it was issued by a person who is not a qualified mechanic or that it is false or misleading or that it misrepresents or fails to disclose a material fact;

is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.

S.M. 1994, c. 4, s. 10; S.M. 2001, c. 19, s. 23.

GENERAL PROVISIONS

Precautions on opening doors

208         No person shall,

(a) open the door of a motor vehicle upon a highway without first taking due precautions to ensure that his act will not interfere with the movement of, or endanger, any other person or vehicle; or

(b) leave a door of a motor vehicle upon a highway open on the side of the vehicle available to moving traffic for a period of time longer than is necessary to load or unload passengers.

Tampering with motor vehicle prohibited

209         No person shall

(a) tamper with a motor vehicle without the authority of the driver or climb upon or in any motor vehicle, whether it is in motion or at rest, or hurl stones or any other missiles at it, or the occupants thereof; or

(b) while the motor vehicle is at rest and unattended, sound the horn or other signalling device, or attempt to manipulate any of the levers, starting switch or crank, brakes, or machinery thereof, or set the vehicle or the engine thereof in motion, or otherwise damage or interfere with it.

Removal, etc., of traffic control devices forbidden

210(1)      No person shall

(a) deface, obliterate, injure or interfere with; or

(b) without permission of the proper traffic authority, alter or remove or attempt to alter or remove;

a traffic control device or any part thereof.

Temporary traffic control devices

210(2)      Where, by reason of work being done in connection with the construction, repair, or maintenance of a highway, a traffic control device consisting of a "stop" or "arrêt" sign, a "yield" or "cédez le passage" sign, or a traffic control signal is temporarily removed from any place with permission as provided in subsection (1), unless a flagman who is authorized by, or who is an employee of, the traffic authority, or a peace officer, is stationed at that place to warn or guide traffic, the traffic authority shall cause a temporary "stop" or "arrêt", or "yield" or "cédez le passage" sign or traffic control signal to be so placed on, or adjacent to, the highway that it will convey to drivers the same information, command, caution, or warning as that conveyed by the traffic control device so removed.

210(3)      [Repealed] S.M. 2002, c. 40, s. 20.

S.M. 2002, c. 40, s. 20.

Removal, etc., of image capturing enforcement system forbidden

210.1       No person shall

(a) deface, obliterate, injure or interfere with an image capturing enforcement system or any part of one; or

(b) without the permission of the proper traffic authority, alter or remove, or attempt to alter or remove, an image capturing enforcement system or any part of one.

S.M. 2002, c. 1, s. 4.

Requirements as to carrying explosive material, etc.

211(1)      No truck used for the purpose of carrying in bulk gasoline, liquid petroleum gas or propane, fuel oil, or other liquid material, that is inflammable or explosive shall be driven on a highway unless provided with a special rear bumper and a safety valve.

Prohibition of carriage of certain dangerous things

211(2)      No person shall cause, permit, or authorize a vehicle to be on a highway if it is carrying material or things that, under the regulations, shall not be so carried.

Conditions of carriage of certain dangerous things

211(3)      Where, under the regulations, provision is made

(a) prescribing the equipment that shall be used on vehicles carrying any material or things designated in the regulations; or

(b) regulating or prescribing the manner in which any such material or things shall be carried in vehicles, or fixing the conditions under which any such material or things may be so carried;

no person shall cause, permit, or authorize a vehicle to be on a highway if it is carrying any material or things designated in any such regulations unless the vehicle is equipped, constructed, and operated as required in those regulations.

Section subject to Explosives Act

211(4)      This section is subject to the Explosives Act (Canada) and any regulations made thereunder, and applies only in so far as it is not contrary to that Act or those regulations; the intent being that this section shall be construed as supplementary to, and not contrary to any provision of, that Act or those regulations.

Agreements respecting enforcement

212         The minister, with the approval of the Lieutenant Governor in Council, may enter into an agreement with the Government of Canada, or a minister thereof, respecting the enforcement of the provisions of the Transportation of Dangerous Goods Act (Canada), or any regulations made thereunder, in Manitoba, or the provisions of this Act or regulations made thereunder including the apportionment of the costs of and revenues arising from that enforcement.

Limitation as to carrying liquor

213(1)      No person shall cause, permit, or suffer any liquor, as defined in The Liquor and Gaming Control Act, to be in a vehicle upon a highway contrary to any provision of that Act.

213(2)      [Repealed] S.M. 2002, c. 40, s. 20.

S.M. 2002, c. 40, s. 20; S.M. 2013, c. 51, Sch. B, s. 193.

Certain radio receivers prohibited

214(1)      Subject to subsection (2), no person

(a) shall use a radio receiving apparatus in a motor vehicle, whether permanently installed in the vehicle or not; or

(b) shall

(i) equip a motor vehicle with, or

(ii) operate a motor vehicle equipped with,

a radio receiving apparatus;

capable of receiving police transmissions within one or more of the radio frequency bands 150 to 174, 413 to 470 and 806 to 870 megacycles.

Exception

214(2)      Subsection (1) does not apply to persons lawfully authorized, under the Radio Act (Canada), to equip vehicles with two-way radio, or to peace officers, or to employees of a municipality or of the Government of Manitoba, acting in that capacity.

Seizure of radio receiving apparatus

214(2.1)    A peace officer who finds

(a) a person using a radio receiving apparatus; or

(b) a motor vehicle that is equipped with a radio receiving apparatus;

of the kind prohibited by subsection (1) may seize the device after laying a charge under subsection (1).

Disposition of seized radio receiving apparatus

214(2.2)    Where a radio receiving apparatus has been seized by a peace officer under subsection (2.1), the judge or justice hearing any proceeding under subsection (1) in relation to the apparatus may order it confiscated or returned to its owner, subject to such conditions as the judge or justice considers appropriate.

T.V. sets in vehicles prohibited

214(3)      No person shall drive upon a highway a motor vehicle equipped with a television set unless the television set

(a) is mounted or positioned behind the seat occupied by the driver; and

(b) the screen thereof is not visible directly or indirectly from the driver's seat.

Operation of T.V. sets in vehicles

214(4)      No person shall operate a television set in a motor vehicle, other than a television set mounted or positioned in accordance with the requirements of subsection (3), while the motor vehicle is travelling upon a highway.

S.M. 1999, c. 13, s. 6.

Use of radio headphones prohibited

215         No driver of a motor vehicle or operator of a bicycle shall, while operating the motor vehicle or bicycle on a highway, wear, on both ears, headphones which are used for the purpose of listening to a radio or a recording.

Definitions re hand-operated electronic devices

215.1(1)    The following definitions apply in this section.

"hand-operated electronic device" means

(a) a cellular telephone;

(b) another electronic device that

(i) includes a telephone function, and

(ii) normally is held in the user's hand during use or requires the user to use his or her hand to operate any of its functions;

(c) an electronic device that is not otherwise described in clause (a) or (b) but that

(i) is capable of transmitting or receiving e-mail or other text-based messages, and

(ii) normally is held in the user's hand during use or requires the user to use his or her hand to operate any of its functions; or

(d) any other electronic device that is prescribed as a hand-operated electronic device by the regulations. (« appareil électronique à commande manuelle »)

"use", in relation to a hand-operated electronic device, means any of the following actions:

(a) holding the device in a position in which it may be used;

(b) operating any of the device's functions;

(c) communicating by means of the device with another person or another device, by spoken word or otherwise;

(d) looking at the device's display; and

(e) taking any other action with or in relation to the device that is prescribed by the regulations. (« utiliser »)

Using hand-operated electronic device while driving prohibited

215.1(2)    No person shall use a hand-operated electronic device while driving a vehicle on a highway unless,

(a) before using the device by hand, the person safely drives the vehicle off the roadway and keeps the vehicle stationary while using the device; or

(b) the device

(i) is a cellular telephone or another electronic device that includes a telephone function, and

(ii) is configured and equipped to allow hands-free use as a telephone and is used in a hands-free manner.

Exception

215.1(3)    As an exception to subsection (2), a person may use a hand-operated electronic device by hand to call or send a message to a police force, fire department or ambulance service about an emergency.

Exception — police, fire and ambulance personnel

215.1(4)    Subsection (2) does not apply to any of the following persons in relation to the use of a hand-operated electronic device in carrying out his or her duties:

(a) a member of the Royal Canadian Mounted Police Force or another police officer, police constable or constable;

(b) a firefighter employed by a fire department;

(c) an ambulance operator as defined in section 1 of The Emergency Medical Response and Stretcher Transportation Act.

Exception — certain radios and other equipment

215.1(5)    Subsection (2) does not apply to the use of

(a) a radio apparatus, as defined in section 2 of the Radiocommunication Act (Canada), that

(i) is operated under the authority of a radio operator certificate issued under that Act,

(ii) must, in order for its operator to communicate with another person, transmit radio signals to another radio apparatus that is operated under the authority of a radio licence issued under that Act, other than a radio licence issued to a cellular telephone network provider, or

(iii) is the type of radio apparatus commonly known as citizen's band radio or family band radio; or

(b) a mobile data terminal that

(i) is used for dispatch or other business-related communications in a vehicle used for business purposes, and

(ii) is not held in the driver's hand when the vehicle is moving.

Regulations

215.1(6)    The Lieutenant Governor in Council may make regulations

(a) for the purposes of the definition "hand-operated electronic device" in subsection (1), prescribing other devices as hand-operated electronic devices;

(b) for the purposes of the definition "use" in subsection (1), prescribing other actions that, when done with or in relation to a hand-operated electronic device, constitute using it;

(c) respecting the exemption, with or without conditions, of certain classes or types of devices or vehicles, or certain classes of persons, from the operation of a provision of this section;

(d) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section.

S.M. 2009, c. 6, s. 3.

Certain marking prohibited

216(1)      Except in the case of a peace officer, no person shall operate on a highway a motor vehicle equipped with a sign or otherwise marked in a manner which might indicate that it was being operated by a peace officer or was the property of a police force.

Order for change of marking

216(2)      Where the registrar receives a report that a motor vehicle is marked or bears a sign in contravention of this section, he may require the owner of the motor vehicle to bring the vehicle before him, and, if on inspection the registrar is satisfied that the motor vehicle's sign or other marking is in contravention of this section, he shall order the sign or marking to be removed or altered, specifying the details of any alteration required, and the owner of the motor vehicle shall forthwith comply with the order of the registrar.

Effect of order

216(3)      Subsection (2) does not operate to relieve the owner of a motor vehicle of any liability under subsection (1).

No depositing of rubbish or other injurious matter on highways

217(1)      No person shall drop, throw, or deposit on a highway, whether from a vehicle or otherwise, or knowingly leave on a highway

(a) any glass bottles, glass, nails, tacks, wire, cans, scraps of metal, or any other substance or thing that may be injurious to a person, animal, or vehicle; or

(b) any tobacco ashes, burning match, lighted cigar or cigarette, or other burning substance; or

(c) without restricting or being restricted by clause (a) or (b), any ashes, garbage, or other refuse, trash, or litter.

Removal of injurious material

217(2)      A person who drops, throws, or deposits upon a highway any substance or thing likely to injure a person, animal, or vehicle shall immediately remove it or cause it to be removed.

Removal of broken glass from highway

217(3)      A person who removes a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance or thing dropped upon the highway from the vehicle.

Warning as to obstructions placed on highway

217(4)      Where any person places or deposits, or causes or permits to be placed or deposited, on a roadway any object that obstructs the roadway in whole or in part, if he is unable to remove it forthwith, and if it remains on the roadway during any period during which, under subsection 35(11), lighted lamps are required to be displayed on a motor vehicle, he shall place flares, lamps, lanterns, or reflecting devices, or cause them to be placed, on the highway to the same number, and in the manner, as if the object were a vehicle to which subsection 40(1) applies.

Prohibition of cattle on highway

218(1)      No person shall allow cattle, horses, mules, sheep, or swine, to run at large upon a provincial highway or upon any other highway designated by the Lieutenant Governor in Council.

Saving

218(2)      No person shall be convicted of a violation of subsection (1), if he satisfies the judge or justice that the animals in respect of which he is charged with the violation were not running at large by reason of the deliberate act or omission, or the negligence, of himself or of his agent or servant, or of any member of his family residing with him.

No civil liability

218(3)      Nothing in this section confers any cause of action for damages, nor shall it be construed so as to impose any civil liability on the owner of the cattle, horses, mules, sheep, or swine allowed to run at large.

219(1) and (2)  [Repealed] S.M. 1988-89, c. 14, s. 11.

Limitation of towing by tractor

219(3)      Subject to section 87, no person shall for gain or compensation, drive upon a highway a tractor other than a farm tractor, drawing or towing any vehicle or other object or thing.

S.M. 1988-89, c. 14, s.11.

Tow truck equipment

220         No person shall operate a tow truck for the purpose of towing disabled vehicles unless the tow truck is equipped as prescribed in the regulations.

AS TO PARKING AND LEAVING VEHICLES

Requirements on leaving vehicle

221(1)      Subject to subsection (4), no driver shall, without reasonable justification, permit a motor vehicle to stand unattended on a highway or park it on a highway without first having

(a) stopped the engine;

(b) locked the ignition; and

(c) removed the key.

Reasonable justification

221(2)      For the purpose of subsection (1), reasonable justification includes the temporary running of the engine of a motor vehicle while the motor vehicle is unattended for the purpose of warming the vehicle and defrosting the windshield during frigid weather conditions.

Vehicles standing on a grade

221(3)      No driver shall permit a motor vehicle that is standing on a grade to stand unattended or park it without first having

(a) effectively set the brakes; and

(b) turned the front wheels to the kerb or side of the highway in such manner as to impede any movement of the motor vehicle.

Where subsection (1) not applicable

221(4)      Subsection (1) does not apply in the case of

(a) a vehicle owned by

(i) Manitoba Hydro or MTS NetCom Inc.; or

(ii) a municipality and operated for municipal purposes; or

(b) a vehicle that is being operated as a taxicab for the transportation of persons for compensation;

(c) a vehicle that is in use by a merchant for the delivery of goods and that, at the time it is left unattended or parked, is so left for the purpose of permitting the driver thereof to deliver goods.

S.M. 1996, c. 79, s. 32.

Where parking off roadway required

222(1)      Where, outside a restricted speed area, it is practicable to stop, park, or leave a vehicle off a roadway, no person shall stop, park, or leave the vehicle, either attended or unattended, on the roadway.

Obstruction of traffic prohibited

222(2)      No person shall park or leave a vehicle so as to obstruct the free passage of traffic on a highway; but this subsection does not apply in respect of a vehicle that is so disabled that it is not practicable to avoid parking or leaving it temporarily on a highway.

Parking in alleys

223(1)      The traffic authority may, subject to subsection (2), prohibit the parking of vehicles in any alley in a city, town or village.

Approval of by-law

223(2)      No by-law or order enacted or issued pursuant to subsection (1) shall take effect unless and until it has been submitted to and approved by the traffic board.

Terms of approval

223(3)      Where it approves a by-law or order submitted pursuant to subsection (2), the traffic board may make it subject to such terms or conditions as to publication of notice or otherwise as it deems desirable.

Definition of "alley"

223(4)      For the purpose of this section "alley" means a highway that is not more than 9 metres wide.

FALSE STATEMENTS

False statements an offence

224(1)      No person shall knowingly make a false statement of fact, whether oral or written,

(a) in a report made or purporting to be made under any provision of this Act or the regulations; or

(b) in any information or particulars furnished by him as required under any provision of this Act or The Drivers and Vehicles Act; or

(c) in any application, declaration, affidavit, or paper writing required under this Act or the regulations, or under The Drivers and Vehicles Act or The Manitoba Public Insurance Corporation Act or the regulations under either of those Acts.

Offence and penalty

224(2)      A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.

Additional penalty

224(2.1)    If a licence, permit or registration has been issued to the person by reason of the commission of the offence, it is cancelled and the convicting judge or justice may, in addition to imposing a fine under subsection (2),

(a) order the licence, permit, or registration card and any number plates issued with it, confiscated; and

(b) disqualify the person convicted from holding a licence or permit and making a registration for a period not exceeding one year.

Seizure of licence, permit or registration card

224(2.2)    A peace officer who on reasonable grounds believes that a licence, permit or registration has been issued to a person as the result of a contravention of subsection (1) may seize the licence, permit, or registration card and any number plates issued with it.

Limitation not applicable

224(3)      No limitation in this Act or in, or brought into force in the province under or by virtue of, any other Act or law, applies to a prosecution for an offence under this section.

S.M. 1997, c. 37, s. 21; S.M. 2002, c. 40, s. 21; S.M. 2005, c. 37, Sch. B, s. 44.

DRIVING BY DISQUALIFIED PERSONS, ETC.

Driving motor vehicle while disqualified or prohibited

225(1)      No person shall drive a motor vehicle on a highway while

(a) the person's driver's licence is suspended or cancelled;

(b) the person is disqualified from holding a driver's licence;

(c) the person is otherwise prohibited from driving a motor vehicle on a highway; or

(d) the person is disqualified or prohibited from operating an off-road vehicle.

Driving off-road vehicle while disqualified or prohibited

225(1.1)    No person shall drive an off-road vehicle

(a) while the person is disqualified or prohibited from operating an off-road vehicle; or

(b) while

(i) the person's driver's licence is suspended or cancelled,

(ii) the person is disqualified from holding a driver's licence, or

(iii) the person is otherwise prohibited from driving a motor vehicle on a highway,

under section 263.1, 264 or 265.

Driving other vehicle while disqualified or prohibited

225(1.2)    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, while

(a) the person's driver's licence is suspended or cancelled;

(b) the person is disqualified from holding a driver's licence;

(c) the person is otherwise prohibited from driving a motor vehicle on a highway; or

(d) the person is disqualified or prohibited from operating an off-road vehicle.

Driving an unregistered vehicle by owner prohibited

225(2)      No owner of a motor vehicle shall drive that motor vehicle on a highway while the registration thereof is suspended, or cancelled, or the owner is disqualified from registering that motor vehicle.

Driving of unregistered vehicle by other persons

225(3)      No person shall drive a motor vehicle on a highway if he or she has knowledge that the registration of that vehicle is suspended, or cancelled or the owner of that motor vehicle is disqualified from registering that motor vehicle.

Owner not to permit the driving of an unregistered vehicle

225(4)      No owner of a motor vehicle or off-road vehicle shall permit any person to drive that motor vehicle on a highway or operate that off-road vehicle

(a) while, to the knowledge of the owner, the driver's licence of that person is suspended or cancelled or the person is otherwise disqualified from holding a driver's licence or prohibited from driving a motor vehicle, or is disqualified or prohibited from operating an off-road vehicle; or

(b) while the registration of that motor vehicle is suspended or cancelled.

Owner not to permit the unlicensed driving of other vehicle

225(4.1)    No owner of an implement of husbandry, special mobile machine or tractor shall permit any person to drive it on a provincial highway, or a highway within the municipal boundaries of a city, town, village or urban municipality, while, to the owner's knowledge, the person's driver's licence is suspended or cancelled or the person is otherwise disqualified from holding a driver's licence or prohibited from driving a motor vehicle, or is disqualified or prohibited from operating an off-road vehicle.

Offence and penalty — suspended and other prohibited driving

225(5)      A person who contravenes a provision of subsection (1), (1.1) or (1.2), or of subsection 279.1(5) or (5.1) (restricted licence contraventions), is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000. or imprisonment for a term of not more than one year, or both. In addition, the convicting judge or justice may

(a) suspend the person's licence for a term of not more than one year; or

(b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction,

(i) the person does not hold a licence, or

(ii) the person's licence is suspended or he or she is disqualified from holding a licence.

Defence of accused re motor vehicle

225(5.1)    In a prosecution for a violation of subsection (1) or (2) or clause (4)(b), the accused has a defence if the accused can prove on a balance of probabilities

(a) that when the accused drove the motor vehicle he or she had a reasonable belief that his or her driver's licence or the registration was not suspended or cancelled, that he or she was not otherwise disqualified from holding a driver's licence or from registering that motor vehicle, or that he or she was not disqualified or prohibited from operating an off-road vehicle, as the case may be; or

(b) that before the accused drove the motor vehicle he or she took all reasonable steps to ascertain that his or her driver's licence or the registration was not suspended or cancelled, that he or she was not otherwise disqualified from holding a driver's licence or from registering that motor vehicle, or that he or she was not disqualified or prohibited from operating an off-road vehicle, as the case may be.

Defence of accused re off-road vehicle

225(5.2)    In a prosecution for a violation of subsection (1.1), the accused has a defence if the accused can prove on a balance of probabilities

(a) that when the accused operated the off-road vehicle he or she had a reasonable belief

(i) that he or she was not disqualified or prohibited from operating an off-road vehicle, or

(ii) that

(A) his or her driver's licence was not suspended or cancelled,

(B) he or she was not disqualified from holding a driver's licence, or

(C) he or she was not otherwise prohibited from driving a motor vehicle on a highway,

under section 263.1, 264 or 265; or

(b) that before the accused operated the off-road vehicle he or she took all reasonable steps to ascertain

(i) that he or she was not disqualified or prohibited from operating an off-road vehicle, or

(ii) that

(A) his or her driver's licence was not suspended or cancelled,

(B) he or she was not disqualified from holding a driver's licence, or

(C) he or she was not otherwise prohibited from driving a motor vehicle on a highway,

under section 263.1, 264 or 265.

Defence of accused re other vehicle

225(5.3)    In a prosecution for a violation of subsection (1.2), the accused has a defence if the accused can prove on a balance of probabilities

(a) that when the accused drove the vehicle he or she had a reasonable belief that his or her driver's licence was not suspended or cancelled, that he or she was not otherwise disqualified from holding a driver's licence, or that he or she was not disqualified or prohibited from operating an off-road vehicle, as the case may be; or

(b) that before the accused drove the vehicle he or she took all reasonable steps to ascertain that his or her driver's licence was not suspended or cancelled, that he or she was not otherwise disqualified from holding a driver's licence, or that he or she was not disqualified or prohibited from operating an off-road vehicle, as the case may be.

Time limit for prosecution

225(6)      A prosecution for a contravention of subsections (1) to (4.1), or of subsection 279.1(5) or (5.1) (restricted licence contraventions), may be commenced within two years after the day the alleged offence was committed.

S.M. 1985-86, c. 12, s. 15; S.M. 1986-87, c. 14, s. 24 and 25; S.M. 1993, c. 47, s. 8; S.M. 1999, c. 12, s. 6; S.M. 2001, c. 19, s. 25; S.M. 2001, c. 29, s. 5; S.M. 2002, c. 40, s. 22; S.M. 2004, c. 30, s. 26; S.M. 2013, c. 7, s. 2.

Driving without liability insurance card

226(1)      Subject to subsection (7), no person shall drive, cause or permit to be driven, upon a highway any vehicle registered or required to be registered under The Drivers and Vehicles Act, other than a vehicle that is of a type or class not required to be insured under The Manitoba Public Insurance Corporation Act, unless there is in full force and effect a motor vehicle liability insurance card issued in respect of the vehicle under The Manitoba Public Insurance Corporation Act and the regulations made thereunder.

Non-application of subsection (1) to certain vehicles

226(1.1)    Subsection (1) does not apply to a vehicle that is registered and insured as required by Part 5 of The Drivers and Vehicles Act (Registration of Off-Road Vehicles).

Driving without certificate of insurance

226(2)      If this Act requires a person to hold a driver's licence while driving a vehicle on a highway, no person shall drive the vehicle on a highway unless a certificate of insurance

(a) has been issued to the person in respect of the driver's licence under The Manitoba Public Insurance Corporation Act and the regulations under that Act; and

(b) is valid.

Production of proof of insurance

226(3)      The owner, driver or operator of a vehicle that is being operated on a highway, or who is making, or is required to make, a report under section 155 shall, on request of a peace officer, produce to the peace officer

(a) a motor vehicle liability insurance card that was issued in respect of, or that relates to, the vehicle; and

(b) where the driver holds, or is required to hold, a licence issued under The Drivers and Vehicles Act, a certificate of insurance issued in respect of that licence.

226(4) to (8)  [Repealed] S.M. 1994, c. 4, s. 11.

Offence and penalty

226(9)      Every person who contravenes, disobeys, or violates, or refuses, omits, neglects or fails to observe, obey or comply with subsection (1) or (2) is guilty of an offence and is liable on summary conviction to the penalties set out in section 239, and

(a) where the person was convicted of an offence under subsection (1), and does not pay the fine imposed within the time permitted, all registrations and number plates issued to the person are suspended and he is disqualified from registering a vehicle until the fine and costs are paid or remitted; and

(b) where the person was convicted of an offence under subsection (2), and does not pay the fine imposed within the time permitted, his licence or permit is suspended and he is disqualified from obtaining a licence or permit until the fine and costs are paid or remitted.

S.M. 1994, c. 4, s. 11; S.M. 2002, c. 40, s. 23; S.M. 2005, c. 37, Sch. B, s. 45; S.M. 2013, c. 54, s. 42.

Drunken driving of vehicles other than motor vehicles

227(1)      No person

(a) who is in charge of a vehicle other than a motor vehicle or bicycle, or of a horse or other animal, used as a means of conveyance; and

(b) who is, through drunkenness, unable to drive or ride it with safety to other persons who are on a highway or bicycle facility;

shall drive or ride the vehicle, bicycle or animal on a highway or bicycle facility.

Offence and penalty

227(2)      A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000. or imprisonment for a term of not more than one year, or both.

S.M. 1989-90, c. 56, s. 31; S.M. 2002, c. 40, s. 24.

CONVICTIONS QUASHED

Where conviction quashed

228         Where, by reason of a conviction of an offence,

(a) a motor vehicle is impounded; or

(b) the licence of any person is suspended or cancelled; or

(c) any person is disqualified for any period from holding a licence; or

(d) the registration of a motor vehicle in the name of any person is suspended or cancelled; or

(e) any person is disqualified for any period from registering a motor vehicle;

if the conviction is quashed any penalty mentioned in clauses (a) to (e) that has been incurred under this Act shall be rescinded; and, upon production to the registrar and to the person having custody of the impounded motor vehicle of a certified copy of the order quashing the conviction, the motor vehicle shall be released, the licence or registration restored, or the disqualification removed, as the case may be; but this section does not apply to the impoundment or detention of a motor vehicle, or the cancellation or suspension of a licence or registration, under Part VII or section 160, 166 or 167.

Definition of "owner"

229(1)      In this section, "owner", in relation to

(a) a vehicle that displays a number plate or permit and is involved in a contravention referred to in subsection (2),

(i) means the person to whom a registration card is issued with a number corresponding to the number of the number plate displayed on the vehicle or to whom the permit is issued, unless the person proves to the satisfaction of the judge or justice that the number plate or permit displayed on the vehicle was displayed without his or her consent, or

(ii) if that person passed the property in the vehicle to someone else before the vehicle was involved in the contravention, means any person who, alone or jointly with one or more others,

(A) has the right to pass the property in the vehicle, or

(B) has exclusive use of the vehicle under a lease or other agreement for a period of more than 30 days; and

(b) a vehicle that does not display a number plate and is involved in a contravention referred to in subsection (2), means any person who, alone or jointly with one or more others,

(i) has the right to pass the property in the vehicle, or

(ii) has exclusive use of the vehicle under a lease or other agreement for a period of more than 30 days.

Owner may be charged with driver's offence

229(2)      The owner of a vehicle that is involved in a contravention of this Act, a regulation or a rule or by-law made by a traffic authority under subsection 90(1) may be charged with any offence with which, in similar circumstances, the driver of a vehicle or the person having care, charge or control of one may be charged.

Conviction of owner

229(2.1)    If the judge or justice before whom the owner is tried is satisfied that the vehicle was involved in the contravention, the owner is guilty of the offence, unless the owner proves to the satisfaction of the judge or justice that at the time of the contravention the vehicle was, without the owner's express or implied consent, in someone else's possession.

Owner not guilty when driver is guilty

229(3)       An owner is not guilty of an offence under subsection (2.1) in relation to an occurrence if the owner satisfies the judge or justice that the driver of the vehicle or the person having care, charge or control of it, being in either case a person other than the owner, was convicted of the offence in relation to the same occurrence.

Owner not guilty when another owner is guilty

229(3.1)    Without limiting the generality of subsection (3), an owner is not guilty of an offence under subsection (2.1) if the owner satisfies the judge or justice that

(a) the vehicle was comprised of a combination of two or more vehicles;

(b) the owner did not own all of the vehicles in the combination; and

(c) another person who owned one of the vehicles was convicted of the offence in relation to the same occurrence.

Owner penalty

229(4)      An owner who is guilty of an offence under subsection (2.1) is liable, on summary conviction, to the penalty to which the driver or person having care, charge or control is subject except that the owner is not liable to imprisonment.

Limitation

229(5)      No proceedings against an owner may be instituted for an offence under subsection (2.1) after the expiry of the time for instituting proceedings against the driver of the vehicle or the person having care, charge or control of it.

S.M. 1991-92, c. 24, s. 4; S.M. 1997, c. 57, s. 1; S.M. 2002, c. 1, s. 5.

PROHIBITIONS — GENERAL

Standing vehicle contrary to traffic control device an offence

230         Where, under subsection 79(3), a traffic control device has been erected on a highway

(a) over which the minister is the traffic authority; or

(b) in a municipality that has not passed a by-law under section 93;

no person shall

(c) stop, stand, or park, a vehicle on the highway or portion thereof to which the traffic control device relates, in contravention of the traffic control device or for a period longer than, or otherwise than, as authorized by the traffic control device; or

(d) cause, or permit a vehicle to remain stationary on any portion of the highway during a period when stopping on that portion thereof is prohibited as indicated by the traffic control device.

S.M. 2001, c. 43, s. 44.

231 and 232   [Repealed]

S.M. 1994, c. 4, s. 12.

Cruelty to livestock prohibited

233         No person, while transporting livestock or other animals in a motor vehicle, shall

(a) by negligence or ill-usage in the transportation thereof, cause or permit any damage or injury to be done to the livestock or other animals, or any of them; or

(b) transport the livestock or other animals in such a manner or position as to cause unnecessary suffering to them or any of them.

Removal of traffic tickets, etc., forbidden

234         No person, other than the person having charge of a vehicle, shall remove therefrom any traffic offence notice or any other ticket or notice that has been placed thereon by a peace officer to notify the owner or person in charge thereof that it is alleged that a violation of a provision of this Act, The Drivers and Vehicles Act, or the regulations under either Act, or of a municipal by-law, has been committed with respect to, or by means of, the vehicle on which the ticket or notice was placed.

S.M. 2005, c. 37, Sch. B, s. 46.

Offence respecting evidence of insurance

235(1)      No person shall produce to a peace officer or the registrar a motor vehicle liability insurance card or a certificate of insurance purporting to show that at the time of its production it was in force if, in fact, it was not at that time in force.

235(2) and (3)  [Repealed] S.M. 2002, c. 40, s. 25.

S.M. 2002, c. 40, s. 25.

PARKING LOTS

Offences on parking lots

236(1)      Notwithstanding section 74, any person who operates a motor vehicle in any place designed and intended, and primarily used, for the parking of vehicles, including the necessary passageways thereon, has the same rights and duties, and is subject to the same penalties provided for a violation of any provision of this Act, as a person operating a motor vehicle upon a highway.

Offences in "pay" parking lots

236(2)      Notwithstanding subsection (1), where the owner or operator of any place to which that subsection applies makes a charge for the privilege of parking a vehicle therein or thereon, subsection (1) does not apply with respect thereto; but any person who, in or on that place, does any thing that, if done on a highway, would be a violation of any of the following provisions, or of any part thereof, that is to say,

(a) section 61;

(b) section 76;

(c) sections 124, 155, 174, 182 to 188, 192, 199, 204, 208, 209, 211, 213, 217, 224 and 233;

shall be deemed to have violated that provision or the part thereof, and is guilty of an offence and is liable, on summary conviction, to the penalty herein provided for a violation of that provision or the part thereof.

Where section not applicable

236(3)      This section does not apply with respect to any place where vehicles are stored by the owners thereof, subject to payment of a charge therefor, with the intention and understanding, on the part of both the owner of any such vehicle and the owner or operator of the place, that the vehicle will not be removed for a period of two weeks or longer unless removed for the purpose of the sale thereof.

S.M. 1989-90, c. 4, s. 5; S.M. 1989-90, c. 56, s. 32.

Sale of motor vehicle to person under 16 prohibited

237(1)      No person shall

(a) sell or offer to sell a motor vehicle to any person who is under 16 years of age; or

(b) sell or offer to sell a motor vehicle to any person who is over 16 but under 18 years of age, unless the purchaser produces to the vendor the written consent of a parent or guardian of the purchaser or where the purchaser has no parent or guardian then the written consent of a responsible person in the community in which the purchaser resides.

Penalties

237(2)      Any person who sells or offers to sell a motor vehicle contrary to the provisions of subsection (1) is guilty of an offence and is liable on summary conviction

(a) if the person is not a dealer or corporation, to a fine of not more than $2,000.; and

(b) if the person is a dealer or corporation, to a fine of not more than $5,000.

S.M. 2002, c. 40, s. 26.

DIVISION II

OFFENCES AND PENALTIES

238(1)      [Repealed] S.M. 1996, c. 26, s. 16.

Penalty for speeding offences

238(2)      A person who contravenes or fails to comply with clause 95(1)(a), (b), (c) or (d), section 96, or subsection 98(5) or (7), is guilty of an offence and is liable on summary conviction to a fine of not more than $7.70 for each kilometre per hour that the vehicle was driven over the maximum speed permissible at the place where the offence was committed.

Speeding in a designated construction zone

238(2.1)    A person who contravenes or fails to comply with clause 95(1)(b.1) (speeding in a designated construction zone) is guilty of an offence and is liable on summary conviction to the fine set out in subsection (2), plus an additional fine of $7.70 for each kilometre per hour that the vehicle was driven over the maximum speed permissible at the place where the offence was committed.

Additional fine not conditional on construction activity or lower speed limit

238(2.2)    To avoid doubt about the application of the additional fine set out in subsection (2.1), the additional fine applies whether or not

(a) workers were present, equipment was being used or active construction work was being done anywhere in the designated construction zone when the offence was committed; or

(b) the maximum permitted speed at the place where the offence was committed was established under section 77.1.

Additional suspension

238(3)      When a person is convicted of an offence under subsection 95(1) or (2), or subsection 98(5) or (7), the convicting judge or justice may, in addition to any other penalty prescribed under this Act, suspend the licence of the person

(a) for a first offence for a period of not more than three months; and

(b) for a second or subsequent offence for a period of not more than one year.

S.M. 1996, c. 26, s. 16; S.M. 2002, c. 40, s. 27; S.M. 2004, c. 30, s. 27; S.M. 2008, c. 3, s. 16; S.M. 2013, c. 21, s. 8.

General offences and penalties

239(1)      A person who contravenes or fails to comply with or obey

(a) a provision of this Act or the regulations;

(b) a municipal by-law passed under the authority of this Act or the regulations; or

(c) an order, direction or requirement of a peace officer, a traffic authority, the traffic board, the transport board or another authority or person

(i) given under the authority of this Act or the regulations, or

(ii) indicated or conveyed by a traffic control device;

is guilty of an offence and, except where another penalty is provided in this Act, is liable on summary conviction to a fine of not more than $2,000.

Licence suspension or disqualification

239(2)      In addition to imposing a fine under subsection (1), the convicting judge or justice may

(a) suspend the person's licence for a term of not more than one year; or

(b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction,

(i) the person does not hold a licence, or

(ii) the person's licence is suspended or he or she is disqualified from holding a licence.

Non-application to bicycle helmet offences

239(3)      Subsections (1) and (2) do not apply to a contravention of section 145.0.1.

S.M. 1989-90, c. 4, s. 6; S.M. 1996, c. 26, s. 17; S.M. 2002, c. 40, s. 28; S.M. 2004, c. 30, s. 28; S.M. 2012, c. 39, s. 3; S.M. 2014, c. 32, s. 12.

239.1       [Repealed]

S.M. 1989-90, c. 4, s. 7; S.M. 1993, c. 47, s. 8; S.M. 2002, c. 40, s. 29.

Increased penalties for offences resulting in death

239.2(1)    If a person's death results from the commission of an offence for which another person is convicted under subsection 239(1) or another provision of this Act, the convicting judge or justice may impose either or both of the following penalties:

(a) a fine in an amount that is not restricted to the maximum fine otherwise provided for the offence;

(b) a term of imprisonment of not more than two years.

This is despite section 239 or any other provision of this Act that sets out a penalty for the offence.

Licence suspension or disqualification

239.2(2)    In addition to imposing a penalty under subsection (1) or under any other provision of this Act, the convicting judge or justice may

(a) suspend the person's licence for a term of not more than five years; or

(b) disqualify the person from holding a licence for a term of not more than five years if, at the time of the conviction,

(i) the person does not hold a licence, or

(ii) the person's licence is suspended or he or she is disqualified from holding a licence.

S.M. 2005, c. 31, s. 2.

Limitation period — offences resulting in death

239.3       Despite any other provision of this Act or of any other Act, a prosecution for an offence described in subsection 239(1) or under another provision of this Act may be commenced not later than two years after the day on which the offence is alleged to have been committed, if

(a) a person's death is alleged to have resulted from the commission of the offence; or

(b) a person is alleged to have suffered a life-threatening injury as a result of the commission of the offence.

S.M. 2005, c. 31, s. 2.

Saving

240         Nothing in section 238, 239 or 239.2 restricts, limits, or affects the effect of any other provision herein authorizing or requiring the suspension or cancellation of a registration, licence, or permit or the disqualification of any person from holding a licence or making a registration.

S.M. 2005, c. 31, s. 3.

File 1: s. 1 to 240 (Parts 1 to 6)
File 2: s. 241 to 337 (Parts 7 to 10)

 

 


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