2nd Session, 43rd Legislature

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Bill 36

THE DRIVERS AND VEHICLES AMENDMENT AND HIGHWAY TRAFFIC AMENDMENT ACT

(Assented to                                         )

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

PART 1
THE DRIVERS AND VEHICLES ACT

C.C.S.M. c. D104 amended

1   The Drivers and Vehicles Act is amended by this Part.

2(1)   Subsection 18(3) is replaced with the following:

Suspension and disqualification

18(3)   At the time a notice under subsection (1) is given, or at a later time, the registrar may, by giving written notice,

(a) suspend the person's driver's licence, if any, and the person's right to have a driver's licence; and

(b) disqualify the person from driving a motor vehicle and operating an off-road vehicle.

The suspension and disqualification is in effect until the person provides the reports required under subsection (1) and the registrar takes action under subsection (7) or (8).

2(2)   Subsection 18(6) is amended by striking out "suspension under subsection (3)" and substituting "suspension and disqualification under subsection (3)".

2(3)   Clause 18(7)(a) is amended by adding "and disqualification" after "terminate the suspension".

2(4)   Subsection 18(8) is amended by adding the following after clause (b):

(b.1) disqualify the person from driving a motor vehicle, or operating an off-road vehicle, by giving the person a written notice;

2(5)   Subsection 18(9) is amended, in the part before clause (a), by striking out "clause (8)(a) or (b)" and substituting "clause (8)(a), (b) or (b.1)".

3(1)   Subsection 21(1) is repealed.

3(2)   Subsection 21(2) is replaced with the following:

Reinstatement of impaired persons

21(2)   If

(a) a person's driver's licence has been suspended, or the person has been disqualified from holding a driver's licence or driving a motor vehicle in Manitoba under section 263.1 or 263.2 of The Highway Traffic Act, based on a ground set out in any of clauses 263.1(2)(a) to (d) or (f.1) of that Act, or under a comparable provision of the laws of another jurisdiction; or

(b) a person has pleaded guilty to or has been found guilty of committing an offence under subsection 320.14(1), (2) or (3) or section 320.15 of the Criminal Code (Canada), or an offence committed by means of or in relation to a motor vehicle in a state of the United States that the registrar considers to be equivalent to an offence under one of those provisions;

the registrar must not reinstate the person's driver's licence or issue a driver's licence to the person and — despite subsection 263.1(15) of The Highway Traffic Act — the person's driver's licence must not be returned to them until the person has provided the registrar with an impaired driver's assessment from a recognized agency and, if that agency considered it advisable, has successfully completed an educational or treatment program offered by a recognized agency.

4   Clause 23(1)(f) is replaced with the following:

(f) disqualify the person from driving a motor vehicle, or operating an off-road vehicle, by giving the person a written notice.

5(1)   Clauses 24(1)(a) to (e) are replaced with the following:

(a) by a parent or guardian of the applicant; or

(b) if the registrar is satisfied that it is not practical or desirable to obtain the approval and signature of a parent or guardian, by any other person the registrar considers to be a responsible and suitable person.

5(2)   Subsection 24(2) is amended by striking out "from a person" and substituting "from the person".

6   Subsection 40(2) is replaced with the following:

Age requirement for registration

40(2)   The registrar must not register a vehicle in the name of a person who is less than 16 years of age.

Restriction on registration by minors

40(2.1)   The registrar must not register a vehicle in the name of a person who is 16 or 17 years of age unless the application for registration is approved and signed

(a) by a parent or guardian of the applicant; or

(b) if the registrar is satisfied that it is not practical or desirable to obtain the approval and signature of a parent or guardian, by any other person the registrar considers to be a responsible and suitable person.

Cancellation of registration issued to minor

40(2.2)   The registrar must cancel the registration issued to a person under 18 years of age if the registrar receives a written request from the person who approved and signed the application under subsection (2.1).

7   Subsection 74(2) is replaced with the following:

Age requirement for registration

74(2)   The registrar must not register an off-road vehicle in the name of a person who is less than 16 years of age.

Restriction on registration by minors

74(3)   The registrar must not register an off-road vehicle in the name of a person who is 16 or 17 years of age unless the application for registration is approved and signed

(a) by a parent or guardian of the applicant; or

(b) if the registrar is satisfied that it is not practical or desirable to obtain the approval and signature of a parent or guardian, by any other person the registrar considers to be a responsible and suitable person.

Cancellation of registration issued to minor

74(4)   The registrar must cancel the registration issued to a person under 18 years of age if the registrar receives a written request from the person who approved and signed the application under subsection (3).

8   Subsection 126.1(2) is amended by striking out "and" at the end of clause (a) and adding the following after clause (a):

(a.1) the class and subclass of the driver's licence associated with the number; and

9   Subsection 141.1(2) is amended by striking out "or" at the end of clause (c) and adding the following after clause (d):

(e) authorizes, permits or acquiesces in the issuance of an inspection certificate by another person who is not a qualified mechanic; or

(f) authorizes, permits or acquiesces in the issuance of an inspection certificate by another person that is false or misleading, or fails to disclose a material fact;

PART 2
THE HIGHWAY TRAFFIC ACT

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

10   The Highway Traffic Act is amended by this Part.

11   Section 168 is repealed.

12(1)   Subsection 263.2(1) is amended by adding "and" at the end of clause (b), striking out "and" at the end of clause (c) and repealing clause (d).

12(2)   Clause 263.2(8)(a) is amended by striking out "clauses 263.2(1)(a), (b) and (d)" and substituting "clauses 263.2(1)(a) and (b)".

PART 3
CONSEQUENTIAL AMENDMENT AND COMING INTO FORCE

Consequential amendment, C.C.S.M. c. O31

13   Section 13 of The Off-Road Vehicles Act is repealed.

Coming into force

14   This Act comes into force on the day it receives royal assent.