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5th Session, 42nd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 21

THE HIGHWAY TRAFFIC AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HIS 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 312.1 is amended

(a) by repealing the definition "operate";

(b) by replacing the definition "operator" with the following:

"operator", in respect of a regulated vehicle, means an operator as defined in the regulations. (« exploitant »)

(c) by adding the following definitions:

"director" means a director appointed under subsection 323(1). (« directeur »)

"related operator" means, in relation to an operator, another operator who, in accordance with the regulations, is considered to be related to the operator. (« lié »)

"safety fitness certificate" means a safety fitness certificate issued by a director under subsection 312.2(6). (« certificat en matière de sécurité »)

3   The centred heading "SAFETY FITNESS REQUIREMENTS" is added before section 312.2.

4   Section 312.2 is replaced with the following:

Safety fitness requirements for operators

312.2(1)   Unless an operator holds a safety fitness certificate, the operator must not

(a) drive or operate a regulated vehicle on a highway or permit a regulated vehicle to be driven or operated on a highway; or

(b) tow a regulated vehicle on a highway or permit a regulated vehicle to be towed on a highway.

Exemption

312.2(2)   An operator may, by regulation, be exempted from the requirement to hold a safety fitness certificate.

Application for safety fitness certificate

312.2(3)   An operator may apply to a director for a safety fitness certificate, or the renewal of a safety fitness certificate, in accordance with the regulations.

Application requirements

312.2(4)   In making an application, the operator must

(a) provide the information required by the director and the regulations, including information about related operators; and

(b) pay the fee prescribed in the regulations, if any.

Director to assign initial safety fitness rating

312.2(5)   Before issuing a safety fitness certificate, the director must, in accordance with the regulations, assign the operator a safety fitness rating based on

(a) the record of the operator maintained under subsection 322.1(1), if any; and

(b) information about any related operator.

Director may issue safety fitness certificate

312.2(6)   The director may issue a safety fitness certificate to the operator in accordance with the regulations.

Director may refuse to issue safety fitness certificate 

312.2(7)   The director may refuse to issue a safety fitness certificate

(a) if the operator has provided false, misleading or incomplete information in the application process;

(b) if the operator does not hold the insurance coverage required by the regulations;

(c) if the operator has been assigned an unsatisfactory safety fitness rating in accordance with the regulations; or

(d) for any other reason set out in the regulations, including reasons in respect of any related operator.

Suspension or revocation of safety fitness certificate

312.2(8)   The safety fitness certificate of an operator may be suspended or revoked by a director if the operator provided false, misleading or incomplete information in the application process or for the reasons set out in the regulations.

Term of validity

312.2(9)   A safety fitness certificate is valid for the term prescribed in the regulations unless it is suspended or revoked.

Certificate not transferrable or assignable

312.2(10)    A safety fitness certificate must not be transferred or assigned.

Appeal

312.2(11)    An operator who is dissatisfied with any of the following decisions may appeal the decision to the appeal board under subsection 322.1(5):

(a) a decision to refuse to issue the operator a safety fitness certificate or to suspend or revoke their certificate;

(b) a decision respecting the safety fitness rating assigned to the operator.

Driver to carry copy of certificate

312.2(12)    The driver of a regulated vehicle operated under a safety fitness certificate must carry a copy of the safety fitness certificate and produce it on request of an inspector or other peace officer.

Requirement — exempt operator

312.2(13)    The driver of a regulated vehicle of an operator who is exempt from the requirement to hold a safety fitness certificate under subsection (2) must carry any documents required by the regulations and must produce the documents on request of an inspector or other peace officer.

5   The centred heading "INSPECTION OF REGULATED VEHICLES" is added before section 312.3.

6   The centred heading "OBLIGATIONS, REMEDIES AND OFFENCES" is added before section 313.

7   Section 314 is replaced with the following:

Identification of operators

314   An operator must ensure that each of their regulated vehicles displays information that identifies the operator in accordance with the regulations.

8   Subsection 318.1(3) is amended

(a) in the part before clause (a), by striking out "without delay" and substituting "within 30 days after the event"; and

(b) in subclause (b)(iv), by adding "or Mexico" at the end.

9   Section 318.5 is replaced with the following:

Compliance officer

318.5(1)   An operator must designate, in writing, an individual to serve as the operator's compliance officer.

Duties

318.5(2)   A compliance officer is responsible for promoting compliance by the operator and the operator's employees with this Act and the regulations.

Eligibility

318.5(3)   An individual designated as a compliance officer must meet the qualifications and requirements set out in the regulations.

10(1)   Subsection 318.6(2) is amended

(a) in clause (a), by striking out "current to a date no earlier than 30 days before it is obtained"; and

(b) in the part of clause (b) before subclause (i), by striking out ", current to a date no earlier than 12 months before it is obtained,".

10(2)   The following is added after subsection 318.6(2):

Record to be current

318.6(3)   An operator must ensure that each record obtained under subsections (1) and (2) is current to a date not earlier than 30 days before it is obtained.

Timing and record of review

318.6(4)   An operator must, for each review conducted under subsection (1) or (2),

(a) conduct the review within 30 days; and

(b) make and maintain a record of the date of the review, the name of the individual who conducted the review and any other information prescribed in the regulations.

11(1)   Subsection 318.7(1) of the English version is amended

(a) in the part before clause (a), by striking out "The operator of a regulated vehicle" and substituting "An operator"; and

(b) in clause (a), by striking out "the vehicle" and substituting "a regulated vehicle".

11(2)   Subsection 318.7(3) is amended by striking out "The operator of a regulated vehicle" and substituting "An operator".

12(1)   Subsection 318.8(1) is amended

(a) by replacing the part before clause (a) with the following:

Operator records

318.8(1)   An operator must keep the following records:

(b) in clause (d), by striking out "subsection 318.5(2)" and substituting "subsection 318.5(1)".

12(2)   Subsection 318.8(2) is replaced with the following:

Records must be accessible

318.8(2)   The operator must ensure that the records described in subsection (1) are accessible in the same place, which must be either the operator's chief place of business in Manitoba or another place approved by the minister.

13   Section 318.9 of the English version is amended

(a) by striking out "The operator of a regulated vehicle" and substituting "An operator"; and

(b) by striking out "the vehicle" and substituting "a regulated vehicle".

14   Clause 318.10(2)(a) is amended by striking out "the operator of a regulated vehicle" and substituting "an operator".

15(1)   Subsection 319(4) is amended

(a) by replacing clause (f) with the following:

(f) respecting safety fitness certificates and safety fitness ratings, including

(i) the information that an operator applying for a safety fitness certificate or the renewal of a safety fitness certificate must submit to a director,

(ii) the assignment of safety fitness ratings,

(iii) the eligibility criteria for the issuance of a safety fitness certificate, including required insurance coverage,

(iv) the reasons for which a safety fitness certificate may be refused or suspended, and

(v) the term of validity of a safety fitness certificate;

(b) by adding the following after clause (g):

(g.1) respecting the qualifications of a compliance officer designated by an operator under section 318.5;

(g.2) respecting information that an operator must ensure is displayed on a regulated vehicle;

(g.3) respecting records an operator must keep under Part VIII;

15(2)   Subsection 319(10) of the English version is amended, in the section heading, by striking out "Regulation" and substituting "Regulations".

16(1)   Subsection 322.1(1) is amended, in the part before clause (a), by striking out "of a regulated vehicle" and substituting "under Part VIII".

16(2)   Subsection 322.1(2) is repealed.

16(3)   Subsection 322.1(3) is amended by replacing the part before clause (a) with the following:

Safety and compliance measures

322.1(3)   If, after conducting a review, in accordance with the regulations, of an operator's record maintained under subsection (1), a director appointed under subsection 323(1) is of the opinion that it is reasonably necessary to prevent the operator from operating in an unsafe manner, the director may do one or more of the following:

16(4)   Subsection 322.1(3.1) is amended by adding "or for another reason under subsection 312.2(8)" after "clause (3)(c)".

16(5)   Subsection 322.1(3.2) is amended by adding "and any trailer registered to the operator that has a GVWR of 4,500 kg or greater" at the end.

16(6)   Subsection 322.1(5) is replaced with the following:

Appeal to appeal board

322.1(5)   An operator may appeal any of the following decisions of a director to the appeal board within 30 days after the decision is made:

(a) assigning the operator a safety fitness rating under subsection 312.2(5);

(b) refusing to issue a safety fitness certificate under subsection 312.2(7);

(c) suspending or revoking a safety fitness certificate under subsection 312.2(8);

(d) taking action under subsection (3).

16(7)   Subsection 322.1(10) is amended by striking out everything after "different from" and substituting "their current rating.".

17   Subsection 323(1) is amended

(a) by striking out "A Director and Deputy Director of Motor Carrier Enforcement" and substituting "One or more directors for the purpose of administering Part VIII"; and

(b) by striking out "special," and substituting "special".

Coming into force

18   This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Highway Traffic Act with respect to operators of regulated vehicles.

The process for applying for a safety fitness certificate and for assigning an operator a safety fitness rating is set out.

A director must consider the safety record of an applicant as well as the record of any operator related to the applicant when issuing a certificate or assigning a rating. An appeal is provided for an operator who disagrees with a decision of the director.

Every 12 months, an operator must obtain the driving records of those who drive for the operator and review those records within 30 days to determine whether the driver is fit to continue to drive for the operator.

A driver of a regulated vehicle operated under a safety fitness certificate must carry a copy of the certificate while driving.

Requirements such as the placement of identifying marks or graphics on the sides of regulated vehicles and the qualifications of an operator's safety compliance officer are now to be addressed in the regulations.