2nd Session, 40th Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 2

THE HIGHWAY TRAFFIC AMENDMENT ACT (RESPECT FOR THE SAFETY OF EMERGENCY AND ENFORCEMENT PERSONNEL)

(Assented to                                         )

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

C.C.S.M. c. H60 amended

1

The Highway Traffic Act is amended by this Act.

2

Section 76 and the centred heading before it are replaced with the following:

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.

3(1)

Subsection 109.1(2) is amended in the part before clause (a)

(a) by striking out "The driver" and substituting "Subject to subsection (4), the driver"; and

(b) by striking out "the same side of".

3(2)

Subsection 109.1(2.1) is replaced with the following:

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.

3(3)

Subsection 109.1(3) is replaced with the following:

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.

Coming into force — royal assent

4(1)

This Act, except section 3, comes into force on the day it receives royal assent.

Coming into force — proclamation

4(2)

Section 3 comes into force on a day to be fixed by proclamation.