2nd Session, 43rd Legislature

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Bill 34

THE HIGHWAY TRAFFIC AMENDMENT ACT (MOTOR CARRIER ENFORCEMENT)

(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   Subsection 1(1) is amended

(a) by adding the following definitions:

"inspector" means an inspector appointed under subsection 322.4(2); (« inspecteur »)

"motor carrier enforcement officer" means an inspector designated as a motor carrier enforcement officer under subsection 322.5(1); (« agent de réglementation des transporteurs routiers »)

(b) by replacing the definition "peace officer" with the following:

"peace officer" means

(a) a police officer as defined in The Police Services Act,

(b) a motor carrier enforcement officer or an inspector,

(c) any person lawfully authorized to direct or regulate traffic, or to enforce this Act or traffic by-laws or regulations, and

(d) a flag person, but only for the purpose of exercising the powers of a flag person under subsection 77(10) or section 134; (« agent de la paix »)

3   Subsection 215.1(4) is amended

(a) by replacing the section heading with "Exception — police, motor carrier, fire and ambulance personnel"; and

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

(a) a police officer as defined in The Police Services Act;

(a.1) a motor carrier enforcement officer;

4   Section 312.1 is amended

(a) by repealing the definitions "operator" and "related operator";

(b) by adding the following definitions:

"motor carrier" means a person who

(a) owns a regulated vehicle, alone or together with another person, or is entitled to be its registered owner under The Drivers and Vehicles Act;

(b) is engaged in an enterprise or activity as part of which a regulated vehicle is used for the transportation of persons or property (not including personal transportation), whether or not the regulated vehicle's use results in a specific gain or compensation; or

(c) has control over when, how and by whom a regulated vehicle is used in an enterprise or activity, whether or not that control is exercised;

but does not include the driver of the regulated vehicle unless the driver meets at least one of the criteria set out in clauses (a) to (c). (« transporteur routier »)

"related motor carrier" means a motor carrier who, in accordance with the regulations, is considered to be related to another motor carrier. (« lié »)

(c) in the definition "director", by striking out "subsection 323(1)" and substituting "subsection 322.4(1)".

5(1)   Subsection 318.1(3) is amended

(a) by replacing everything before clause (b) with the following:

Continuing driver disclosure

318.1(3)   A person engaged by a motor carrier to drive or tow a regulated vehicle must, within 30 days after the event, disclose in writing to the motor carrier

(a) particulars of any traffic accident

(i) about which a police report must be made under subsection 155(6),

(ii) that resulted in a vehicle involved in the accident being towed from the scene of the accident, or

(iii) that resulted in more than $2,000 of damage to any property involved in the accident;

(b) by replacing subclause (b)(vi) with the following:

(vi) any by-law made by a traffic authority that relates to the weight or dimensions of regulated vehicles on highways or to the required routes of travel for regulated vehicles; and

5(2)   The following is added after subsection 318.1(3):

Accident information to be provided to director

318.1(4)   A motor carrier must, within 30 days after receiving particulars of an accident under clause (3)(a), provide those particulars in writing to a director.

6   Subsection 318.3(2) is replaced with the following:

Driver records

318.3(2)   A person who drives or tows, or has driven or towed, a regulated vehicle on a highway must make and maintain the records respecting hours of service prescribed by the regulations.

Driver to provide records to motor carrier

318.3(2.1)   A person engaged by a motor carrier to drive or tow a regulated vehicle must, without delay, provide a copy of the records required under subsection (2) to the motor carrier in accordance with the regulations.

7(1)   Subsection 318.6(1) is amended

(a) in the section heading, by striking out "operator" and substituting "motor carrier";

(b) in the part before clause (a), by striking out "the vehicle's operator" and substituting "a motor carrier"; and

(c) in subclause (b)(ii), by striking out "operator" and substituting "motor carrier".

7(2)   Subsection 318.6(2) is amended

(a) in the section heading, by striking out "operator" and substituting "motor carrier";

(b) in the part before clause (a), by striking out "the vehicle's operator" and substituting "a motor carrier"; and

(c) in subclause (b)(ii), by striking out "operator" and substituting "motor carrier".

7(3)   Subsection 318.6(3) of the English version is amended by striking out "operator" and substituting "motor carrier".

7(4)   Subsection 318.6(4) is amended, in the part before clause (a), by striking out "An operator" and substituting "A motor carrier".

8(1)   Subsection 318.7(1) is amended

(a) in the part before clause (a), by striking out "An operator" and substituting "A motor carrier"; and

(b) in clause (b), by striking out "operator's" and substituting "motor carrier's".

8(2)   Subsection 318.7(2) is amended by striking out "the operator of" and substituting "a motor carrier that operates".

8(3)   Subsection 318.7(3) is amended by striking out "An operator" and substituting "A motor carrier".

9(1)   Subsection 318.8(1) is amended

(a) in the section heading, by striking out "Operator" and substituting "Motor carrier";

(b) in the part before clause (a), by striking out "An operator" and substituting "A motor carrier"; and

(c) in clause (g), by striking out "operator" and substituting "motor carrier".

9(2)   Subsection 318.8(2) is amended

(a) by striking out "The operator" and substituting "The motor carrier"; and

(b) by striking out "operator's" and substituting "motor carrier's".

10   Section 318.9 is replaced with the following:

Motor carrier to ensure driver compliance

318.9   A motor carrier must ensure that a driver who drives or tows a regulated vehicle on the motor carrier's behalf complies with sections 318.2 to 318.4.

11   The following is added as section 318.11.1 as part of Part VIII:

ADMINISTRATIVE PENALTIES

Administrative penalty

318.11.1(1)   If a director is of the opinion that a motor carrier has contravened a provision of this Act or the regulations that relates to regulated vehicles and that has been prescribed by regulation, the director may issue a notice in writing requiring the motor carrier to pay an administrative penalty in an amount set out in the regulations.

Penalty amount

318.11.1(2)   The amount of an administrative penalty must be determined in accordance with the regulations but must not exceed $5,000.

Content of notice

318.11.1(3)   The notice of administrative penalty must set out the following information:

(a) the name of the motor carrier required to pay the penalty;

(b) the provision of the Act or regulation that was contravened;

(c) the amount of the penalty;

(d) the date by which and the manner in which the penalty must be paid;

(e) information about the right of the motor carrier to appeal to the appeal board within 30 days after being given the notice.

Giving notice

318.11.1(4)   A notice of administrative penalty must be given in accordance with section 330 to the motor carrier required to pay the penalty.

Appeal to appeal board

318.11.1(5)   Within 30 days after being given a notice of administrative penalty, the motor carrier required to pay the penalty may appeal the penalty to the appeal board by filing a notice of appeal with the appeal board and providing a copy to the director.

Director a party

318.11.1(6)   The director is a party to an appeal.

Application of appeal board provisions

318.11.1(7)   The following provisions apply, with necessary changes, to the hearing of the appeal:

(a) subsections 279(5) to (7) (making an appeal);

(b) subsections 279(9) to (12) (evidence);

(c) subsections 279(14) to (17) (hearing);

(d) subsection 279(28) (waiver or refund of charge);

(e) subsection 279(30) (failure to appear);

(f) subsection 279(33) (decision).

A reference to "the registrar" in any of these provisions is to be read as "the director".

Decision

318.11.1(8)   On hearing the appeal, the appeal board may confirm, revoke or vary the administrative penalty.

Stay

318.11.1(9)   An appeal operates as a stay of the administrative penalty until the appeal board decides the appeal or the appeal is withdrawn.

Payment

318.11.1(10)   Subject to an appeal, a motor carrier required to pay an administrative penalty must pay it within 30 days after the date on which notice of the penalty is given under subsection (4).

Debt due to government

318.11.1(11)   The amount of the penalty is a debt due to the government if it is not paid

(a) within 30 days after the notice of the penalty is given; or

(b) if the penalty is appealed, within 30 days after a decision is made on the appeal or the appeal is withdrawn.

Certificate registered in court

318.11.1(12)   The director may certify a debt referred to in subsection (11), or any part of such a debt that has not been paid. The certificate may be registered in the Court of King's Bench and may be enforced as if it were a judgment of the court.

No offence to be charged if penalty is paid

318.11.1(13)   A motor carrier who pays an administrative penalty imposed under subsection (1) must not be charged with an offence respecting that contravention, unless the contravention continues after the penalty is paid.

12(1)   Subsection 319(4) is amended

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

(e) describing the circumstances in which a motor carrier is considered to be related to another motor carrier for the purpose of the definition "related motor carrier" in section 312.1;

(b) by striking out "an operator" and substituting "a motor carrier" in the following provisions:

(i) subclause (f)(i),

(ii) clauses (g.1) to (g.3);

(c) by adding the following after clause (h):

(h.1) prescribing provisions of this Act or the regulations for which a notice of administrative penalty may be issued under section 318.11.1;

(h.2) respecting the determination of the amounts of administrative penalties issued under section 318.11.1, which may vary according to the nature and frequency of the contraventions;

(h.3) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable for the administration of the scheme of administrative penalties;

(d) in clause (l),

(i) by repealing subclause (iii), and

(ii) in subclause (vii), by striking out "the operator of a vehicle, or a class of such operators" and substituting "a motor carrier, or a class of motor carriers".

12(2)   The following is added after subsection 319(12):

Regulations — motor carrier enforcement officers

319(12.1)   The Lieutenant Governor in Council may make regulations

(a) prescribing training for new motor carrier enforcement officers and ongoing training requirements for current motor carrier enforcement officers;

(b) respecting uniforms used by motor carrier enforcement officers;

(c) respecting equipment that may be used by motor carrier enforcement officers and governing the use of the equipment.

13(1)   Subsection 322.1(1) is amended

(a) in the section heading, by striking out "operators of regulated vehicles" and substituting "motor carriers";

(b) in the part before clause (a) and in clause (a), by striking out "operator" and substituting "motor carrier";

(c) in clause (b),

(i) in the part before subclause (i), by striking out "operator" wherever it occurs and substituting "motor carrier", and

(ii) by replacing subclause (vi) with the following:

(vi) any by-law made by a traffic authority that relates to the weight or dimensions of regulated vehicles on highways or the required routes of travel for regulated vehicles;

(d) in clauses (c), (e), (f), (h) and (i), by striking out "operator" wherever it occurs and substituting "motor carrier", with necessary grammatical changes.

13(2)   Subsection 322.1(3) is amended

(a) in the part before clause (a),

(i) by striking out "an operator's" and substituting "a motor carrier's",

(ii) by striking out "subsection 323(1)" and substituting "subsection 322.4(1)", and

(iii) by striking out "the operator" and substituting "the motor carrier";

(b) in clauses (a), (b) and (c), by striking out "operator" wherever it occurs and substituting "motor carrier", with necessary grammatical changes; and

(c) by repealing clause (d).

13(3)   Subsection 322.1(3.2) is amended by striking out "operator" and substituting "motor carrier".

13(4)   Subsection 322.1(5) is amended

(a) in the part before clause (a), by striking out "An operator" and substituting "A motor carrier"; and

(b) in clause (a), by striking out "operator" and substituting "motor carrier".

13(5)   Subsection 322.1(10) is amended

(a) by striking out "An operator" and substituting "A motor carrier"; and

(b) by striking out "the operator" and substituting "the motor carrier".

13(6)   Subsection 322.1(11) is amended

(a) by striking out "An operator" and substituting "A motor carrier"; and

(b) by striking out "the operator" and substituting "the motor carrier".

13(7)   Subsection 322.1(12) is amended

(a) by striking out "An operator" and substituting "A motor carrier"; and

(b) by striking out "an operator" and substituting "a motor carrier".

14   The following is added after section 322.3 and before the centred heading that follows it:

APPOINTMENT OF OFFICERS

Appointment of directors

322.4(1)   One or more directors may be appointed under Part 3 of The Public Service Act for the purpose of administering and enforcing Part VIII.

Appointment of inspectors

322.4(2)   The minister may appoint persons or classes of persons as inspectors for the purpose of enforcing this Act and the regulations.

Designation of motor carrier enforcement officers

322.5(1)   The minister may designate an inspector who is an employee of the department and who meets the training requirements prescribed in the regulations as a motor carrier enforcement officer.

Role of motor carrier enforcement officers

322.5(2)   The primary responsibility of a motor carrier enforcement officer is to ensure motor carriers and drivers of regulated vehicles comply with this Act and the regulations and, in particular, Part VIII of this Act.

Authority to arrest

322.5(3)   While carrying out their duties, a motor carrier enforcement officer who finds a person committing an indictable offence may, without a warrant, arrest the person. The officer must forthwith deliver the person to a police officer.

15   Section 323 and the centred heading before it are replaced with the following:

Protection from liability

323   No action or proceeding may be brought against the minister, a director, a motor carrier enforcement officer, an inspector or any other person acting under the authority of this Act or the regulations for anything done or not done, in good faith, in the exercise or intended exercise of a power or duty under this Act.

16   The provisions of The Highway Traffic Act identified in Column 1 of the Schedule to this Act are amended, with necessary grammatical changes, in the manner set out opposite in Columns 2 and 3.

Coming into force

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

SCHEDULE

(Section 16)