2nd Session, 43rd Legislature

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Bill 38

THE HIGHWAY TRAFFIC AMENDMENT ACT (TRAFFIC SAFETY MEASURES)

(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   The following is added after section 76.0.1:

Temporary traffic control devices for roadside assistance

76.0.2   In accordance with the regulations, the operator of a roadside assistance vehicle as defined in section 109.1 may place temporary traffic control devices on the highway while engaged in a roadside assistance activity prescribed under that section.

3   Subclause 109.1(2)(b)(ii) is amended by adding "temporary traffic control devices or other" after "applicable,".

4   The following is added after section 109.1:

Definitions

109.2(1)   The following definitions apply in this section.

"warning lamps" means the lamps required under the regulations as special equipment for a winter maintenance vehicle. (« feux d'avertissement »)

"winter maintenance activities" means activities undertaken on a highway by a winter maintenance vehicle for the purpose of restoring the highway to, or maintaining the highway in, a safe condition, including by plowing, salting or sanding the highway or by removing or loading snow. (« activité d'entretien hivernal »)

"winter maintenance vehicle" means infrastructure equipment or another vehicle operated on a highway by or on behalf of the traffic authority of the highway for the purpose of carrying out winter maintenance activities. (« véhicule d'entretien hivernal »)

Application

109.2(2)   Subsections (3) to (6) apply only in respect of a winter maintenance vehicle that

(a) is engaged in or preparing to engage in winter maintenance activities on a highway; and

(b) has its warning lamps in operation.

Driver to maintain distance

109.2(3)   When the driver of a vehicle is travelling behind a winter maintenance vehicle that is proceeding in the same direction, the driver must, except when overtaking and passing in accordance with subsection (4), maintain a distance of at least

(a) 30 metres from the winter maintenance vehicle if the speed limit in the location of the winter maintenance vehicle is not more than 80 km/h; or

(b) 100 metres from the winter maintenance vehicle if the speed limit in the location of the winter maintenance vehicle is more than 80 km/h.

Restriction on overtaking and passing

109.2(4)   In addition to complying with sections 110 and 114 to 116, the driver of a vehicle must not overtake and pass a winter maintenance vehicle if

(a) the movement interferes with winter maintenance activities; or

(b) the driver's view of the highway ahead of the winter maintenance vehicle is obstructed by blowing snow or ice crystals.

Meeting a winter maintenance vehicle

109.2(5)   When the driver of a vehicle meets a winter maintenance vehicle proceeding in the opposite direction, the driver must proceed with caution to ensure that their vehicle does not collide with the winter maintenance vehicle or interfere with its operation.

Winter maintenance activities at intersections

109.2(6)   When the driver of a vehicle approaches a winter maintenance vehicle engaged in winter maintenance activities at or within an intersection, the driver of the approaching vehicle must slow or stop the vehicle, if necessary, and must not enter the intersection unless doing so is safe and does not interfere with the winter maintenance activities.

Exception — vehicles on opposite sides of divided highway

109.2(7)   This section does not apply to the driver of a vehicle driving on a divided highway if the directional dividing line is between the vehicle and the winter maintenance vehicle.

5   Clause 113(1)(a) of the French version is amended by striking out "suffisante" and substituting "sécuritaire".

6   The following is added after subsection 114(1):

Distance when overtaking bicycles

114(1.1)   In addition to complying with subsection (1), a driver overtaking and passing a bicycle or power-assisted bicycle proceeding in the same direction must keep a distance of at least one metre between the driver's vehicle and the bicycle or power-assisted bicycle.

7   The following is added after subsection 115(2):

Distance when overtaking bicycles

115(3)   In addition to complying with subsection (2), a driver overtaking and passing a bicycle or power-assisted bicycle on the right must keep a distance of at least one metre between the driver's vehicle and the bicycle or power-assisted bicycle.

8   Subsection 116(1) of the French version is amended by striking out "suffisante" and substituting "sécuritaire".

9   Subsection 319(3) is amended by adding the following after clause (d):

(d.1) respecting the use and placement of temporary traffic control devices by the operator of a roadside assistance vehicle;

Coming into force

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