3rd Session, 43rd Legislature

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Bill 43

THE HIGHWAY TRAFFIC AMENDMENT AND DRIVERS AND VEHICLES 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 HIGHWAY TRAFFIC ACT

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

1   The Highway Traffic Act is amended by this Part.

2   Subsection 1(1) is amended

(a) by adding the following definitions:

"personal electric vehicle" means

(a) an electric vehicle, such as an electric kick-scooter, skateboard, self-balancing scooter or unicycle, or similar vehicle

(i) that is powered by one or more electric motors, but no other type of motor, and whose motors

(A) have a total maximum power output rating that does not exceed 500 W, and

(B) are not capable of propelling the vehicle at a speed greater than 32 km/h,

(ii) that has

(A) a platform or foot pads for standing on, or

(B) a seat or saddle that has a minimum unladen height of 650 mm, and

(iii) that weighs 45 kg or less, and

(b) a power-assisted bicycle; (« véhicule électrique personnel »)

"three-wheeled vehicle" means a motor vehicle, other than a motorcycle or a moped, that

(a) is designed to travel on three wheels in contact with the ground,

(b) is designed to carry not more than four persons, including the driver, and

(c) has a GVWR of 1000 kg or less; (« véhicule à trois roues »)

(b) in the definition "bicycle facility", by adding "and personal electric vehicles" after "bicycles";

(c) in the definition "motor vehicle", by replacing clause (d) with the following:

(d) a personal electric vehicle;

(d) in clause (b) of the definition "registration card", by striking out "or a permit under section 87 of this Act".

3   Clause 4.2(1)(b) is amended by striking out ", or a valid permit under section 87 of this Act is displayed on or carried in it in accordance with this Act".

4   Section 75 is amended by striking out "power-assisted bicycle" and substituting "personal electric vehicle".

5   Clause 111(c) is amended by striking out "power-assisted bicycle" and substituting "personal electric vehicle".

6   Subsections 114(1.1) and 115(3) are amended

(a) in the section heading, by adding "and personal electric vehicles" at the end; and

(b) by striking out "power-assisted bicycle" wherever it occurs and substituting "personal electric vehicle".

7   The following is added after subsection 122(1):

Parking certain vehicles on sidewalk

122(1.0.1)   Despite clause (1)(a), a person may park, stop or stand a personal electric vehicle on a sidewalk if authorized to do so by the appropriate traffic authority. If the traffic authority is a municipal council, the authorization must be made by by-law.

8   Subsection 125(1) is amended, in the part before clause (a), by striking out "power-assisted bicycle" and substituting "personal electric vehicle".

9(1)   Subsection 126(1) is amended, in the part before clause (a), by striking out "power-assisted bicycle" and substituting "personal electric vehicle".

9(2)   Subsection 126(2) is amended

(a) in the section heading, by striking out "power-assisted bicycles" and substituting "personal electric vehicles";

(b) by striking out "power-assisted bicycle" and substituting "personal electric vehicle"; and

(c) in the French version, by striking out "à l'extérieur".

10   The Division heading before section 145 is amended by striking out "POWER-ASSISTED BICYCLES" and substituting "PERSONAL ELECTRIC VEHICLES".

11(1)   Subsection 145(1) is amended

(a) in the section heading, by striking out "power-assisted bicycles" and substituting "personal electric vehicles";

(b) by striking out "subsections (5) and (6)" and substituting "this section"; and

(c) by striking out "power-assisted bicycle" and substituting "personal electric vehicle".

11(2)   The following is added after subsection 145(1):

Speed limit for personal electric vehicles

145(1.1)   A person must not operate a personal electric vehicle on a highway or bicycle facility at a speed greater than 25 km/h.

Power-assisted bicycles

145(1.2)   Subsection (1.1) does not apply to a person operating a power-assisted bicycle.

11(3)   Subsections 145(2) to (4) are replaced with the following:

Minimum operator age — personal electric vehicles generally

145(2)   Subject to subsection (3), a person younger than 16 years of age must not operate a personal electric vehicle on a highway or bicycle facility.

Minimum operator age — power-assisted bicycles

145(3)   A person who is 14 years of age or older may operate a power-assisted bicycle on a highway or bicycle facility.

Owner must not allow underage operator

145(4)   The owner of a personal electric vehicle must not allow a person to operate it contrary to subsection (2).

11(4)   Subsection 145(5) is amended by striking out "power-assisted bicycle" and substituting "personal electric vehicle".

11(5)   Subsection 145(6) is amended by striking out "power-assisted bicycle" wherever it occurs and substituting "personal electric vehicle".

11(6)   Subsection 145(7) is amended by striking out "power-assisted bicycle" wherever it occurs and substituting "personal electric vehicle".

11(7)   The following is added after subsection 145(7):

Personal electric vehicles not to operate on certain highways

145(7.1)   A person must not operate a personal electric vehicle on a highway on which the speed limit is greater than 50 km/h.

Exception — crossing highway

145(7.2)   Subsection (7.1) does not apply to an operator of a personal electric vehicle crossing a highway for which the speed limit is greater than 50 km/h if the crossing is made at an intersection and in the most direct route.

Exception — power-assisted bicycles

145(7.3)   Subsection (7.1) does not apply to an operator of a power-assisted bicycle.

Personal electric vehicle must not be used to tow

145(7.4)   The operator of a personal electric vehicle, other than a power-assisted bicycle, must not tow another vehicle, a trailer or any other object or thing.

11(8)   The following is added after subsection 145(9):

Personal electric vehicles on sidewalks

145(10)   Subsection 193(1) (no driving on sidewalks) does not apply to a sidewalk that is marked by a traffic control device permitting the operation of a personal electric vehicle on the sidewalk.

12(1)   Subsection 145.0.1(1) is amended

(a) in the part before clause (a), by striking out "at all times when he or she" and substituting "that meets the requirements of the regulations whenever the person"; and

(b) by striking out the part after clause (c).

12(2)   Subsection 145.0.1(2) is amended, in the part after clause (c), by striking out "is suitable for cycling use" and substituting "meets the requirements of the regulations".

12(3)   Subsection 145.0.1(3) is amended by striking out "is suitable for cycling use" and substituting " meets the requirements of the regulations".

13   The following is added after section 145.0.1:

Helmet required when on a personal electric vehicle

145.0.2(1)   A person must wear a properly fitted and fastened protective helmet that meets the requirements of the regulations whenever the person

(a) operates a personal electric vehicle, including a power-assisted bicycle;

(b) rides a power-assisted bicycle as a passenger; or

(c) rides on or is towed in anything that is attached to or towed by a power-assisted bicycle.

Driver's responsibility re child passengers

145.0.2(2)   At all times when a child is a passenger on a power-assisted bicycle, or on or in anything attached to or towed by a power-assisted bicycle, the operator must ensure that the child is wearing a properly fitted and fastened protective helmet that meets the requirements of the regulations.

Exception for private property

145.0.2(3)   This section applies wherever a personal electric vehicle is operated within Manitoba except

(a) on privately owned residential property, including privately owned seasonal residential property; and

(b) on privately owned non-commercial or agricultural property outside an urban municipality on which the operator has permission to operate the personal electric vehicle from a person who owns or has control over the property.

14(1)   Subsection 145.1(1) is amended by striking out "power-assisted bicycle" wherever it occurs and substituting "personal electric vehicle".

14(2)   Clause 145.1(3)(d) is amended by striking out "power-assisted bicycle" and substituting "personal electric vehicle".

15(1)   Subsection 146(1) is amended by adding "and subject to subsection (1.1)" after "regulations".

15(2)   The following is added after subsection 146(1):

Exception for certain personal electric vehicles

146(1.1)   Subsection (1) does not apply to a person operating a personal electric vehicle that is designed and equipped to be operated in a standing position, but the person must stand on the vehicle's standing platform, foot pads or pedals when operating the vehicle.

15(3)   Subsection 146(3) of the French version is replaced with the following:

Conduite interdite — passagers assis ailleurs que dans un siège

146(3)   Sous réserve des exemptions réglementaires, il est interdit :

a) de conduire un véhicule sur route à moins que ses passagers ne soient assis sur une partie du véhicule qui est conçue pour accueillir un passager et qui est munie des dispositifs nécessaires à cette fin;

b) de tracter une remorque sur route si une personne y a pris place.

16(1)   Subsection 147(1) is amended, in the part before clause (a), by adding "or bicycle facility" after "highway".

16(2)   Subclause 147(2)(a)(iii) of the French version is amended by striking out "protecteur".

16(3)   The following is added after subsection 147(2):

Passengers prohibited on personal electric vehicles

147(2.1)   The operator of a personal electric vehicle other than a power-assisted bicycle must not carry or transport a passenger on the vehicle while it is being operated on a highway or bicycle facility.

16(4)   Subsection 147(3) is amended

(a) by striking out "power-assisted bicycle, or on his or her person while operating or riding on a bicycle or power-assisted bicycle" and substituting "personal electric vehicle, or on their person while operating or riding on a bicycle or personal electric vehicle"; and

(b) by striking out "the vehicle" and substituting "the bicycle or vehicle".

17(1)   Subsection 149(1) is amended

(a) by replacing the section heading with "Required lamps and reflectors";

(b) in the part before clause (a), by striking out "power-assisted bicycle" and substituting "personal electric vehicle"; and

(c) in clause (b) of the French version, by striking out "réfléchissait émettant ou réfléchissant" and substituting "réfléchissant qui émet ou réfléchit".

17(2)   Subsection 149(2) of the French version is amended by replacing the part before clause (a) with the following:

Types de feux et de dispositifs réfléchissants requis

149(2)   Les feux et les dispositifs réfléchissants visés au paragraphe (1) doivent être d'un genre et d'une construction tels que, par temps normal :

17(3)   Subsection 149(3) is amended by striking out "power-assisted bicycle" and substituting "personal electric vehicle".

18(1)   Subsection 150(1) is amended by striking out "power-assisted bicycle" and substituting "personal electric vehicle".

18(2)   Clause 150(2)(a) is amended by striking out "power-assisted bicycle" and substituting "personal electric vehicle".

18(3)   Subsection 150(3) is amended by striking out "power-assisted bicycle" and substituting "personal electric vehicle".

18(4)   Subsection 150(4) is amended by striking out "power-assisted bicycle" and substituting "personal electric vehicle".

18(5)   Subsection 150(5) is amended, in the part before clause (a), by striking out "power-assisted bicycle" and substituting "personal electric vehicle".

19   Clause 152.1(2)(b) is amended by striking out "power-assisted bicycles" and substituting "personal electric vehicles".

20   Clause 152.4(1)(a) is amended by adding ", personal electric vehicles" after "bicycles".

21   The following is added after section 183:

Three-wheeled vehicle must not be used to tow

183.1   The operator of a three-wheeled vehicle must not tow another vehicle, a trailer or any other object or thing.

22   The following is added after subsection 184(5):

Passengers requiring child restraints not to be passengers in three-wheeled vehicles

184(5.1)   The operator of a three-wheeled vehicle must not transport a passenger who is required, in a motor vehicle other than a three-wheeled vehicle, to be seated and restrained in a child restraining device under subsection 186(9).

23(1)   Subsection 187(1) is replaced with the following:

Helmet required when on a motorcycle, moped or three-wheeled vehicle

187(1)   A person must not ride on or in, or operate a motorcycle, moped or three-wheeled vehicle on a highway without wearing a properly adjusted and securely fastened helmet that conforms to the standards and specifications set out in the regulations.

23(2)   Subsection 187(2) is amended

(a) by adding "or three-wheeled vehicle" after "motorcycle"; and

(b) in the English version, by striking out "and passenger" and substituting "and passengers".

24   Clause 213.1(2)(d) is amended by striking out "power-assisted bicycle" and substituting "personal electric vehicle".

25   Section 215 is replaced with the following:

Use of headphones prohibited

215   A person driving a motor vehicle or operating a bicycle or personal electric vehicle must not wear earphones or headphones in or on both ears.

26   Subsection 236(2) is amended by adding the following after clause (d):

(e) section 318.12.1;

27   Section 318.12 is amended

(a) by adding the following definition:

"SAE standard" means the most recent version of SAE J3016, Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles published by SAE International. (« norme SAE »)

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

"drive", in relation to a vehicle with an automated driving system, includes causing the operation of the vehicle, with or without the automated driving system being engaged. (« conduire »)

(c) in the definition "automated driving system", by adding "at a driving automation level of 3, 4 or 5 as set out in the SAE standard" after "vehicle"; and

(d) by repealing the definition "automated vehicle".

28   The following is added after section 318.12:

Prohibition on using automated driving systems

318.12.1   A person must not drive a vehicle on a highway with an automated driving system engaged and the owner of a vehicle with an automated driving system must not permit another person to drive the vehicle on a highway with an automated driving system engaged, unless permitted to do so

(a) by a permit issued under this Part; or

(b) under a pilot project established in accordance with Part VIII.2.

29   Clause 318.15(g) is amended

(a) by replacing the part before subclause (i) with the following:

(g) in the case of a technology testing permit that authorizes the use of an automated driving system,

(b) in subclause (i), by striking out "its" and substituting "the test vehicle's".

30   Subsection 319(8) is amended

(a) in the section heading, by striking out "power-assisted bicycles" and substituting "personal electric vehicles";

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

(d) respecting protective helmets for persons operating or riding on bicycles or personal electric vehicles, or riding on or being towed in things attached to or towed by bicycles or power-assisted bicycles, including prescribing requirements for helmets for the purpose of sections 145.0.1 and 145.0.2;

(c) in clause (e), by striking out "power-assisted bicycles" and substituting "personal electric vehicles"; and

(d) by adding the following after clause (e):

(f) prescribing classes or types of personal electric vehicles and prescribing conditions and restrictions that apply to any class or type of personal electric vehicle, including prohibiting a class or type of personal electric vehicle from being operated on a highway or bicycle facility.

PART 2
THE DRIVERS AND VEHICLES ACT

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

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

32   Subsection 1(1) is amended, in clause (b) of the definition "registration card", by striking out ", or a permit under section 87 of The Highway Traffic Act".

33   Clause 34(b) is amended by striking out ", or a valid permit under section 87 of The Highway Traffic Act is displayed on or carried in it in accordance with that Act".

34(1)   Subsection 43(1) is amended

(a) by striking out "subsection (2)" and substituting "subsections (2) and (3)"; and

(b) in the English version, by striking out "he or she" and substituting "the registrar".

34(2)   Subsection 43(2) of the English version is amended, in the part before clause (a), by striking out "he or she" and substituting "the registrar".

34(3)   The following is added after subsection 43(2):

Registration of overweight and overdimensional vehicles

43(3)   Despite subsection (2), the registrar may register a motor vehicle or trailer that contravenes the requirements relating to the weight or dimensions of vehicles on highways under The Highway Traffic Act and the regulations under that Act, subject to the condition that the motor vehicle or trailer must not be driven on a highway unless the owner obtains a permit under section 87 of The Highway Traffic Act.

PART 3
CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE

C.C.S.M. c. O31 amended

35   Subsection 1(1) of The Off-Road Vehicles Act is amended in the definition "off-road vehicle", in the part after clause (g), by adding "personal electric vehicle," after "infrastructure equipment,".

C.C.S.M. c. P215 amended

36(1)   The Manitoba Public Insurance Corporation Act is amended by this section.

36(2)   Subsection 1(1) is amended

(a) in the definition "permit", by adding "or" at the end of clause (a) and repealing clause (b);

(b) in clause (a) of the definition "motor vehicle", by striking out "power-assisted bicycle" and substituting "personal electric vehicle"; and

(c) in the definition "registration card", by adding "and" at the end of clause (a) and repealing clause (b).

36(3)   Subclause 71(2)(b)(ii) is amended by striking out "power-assisted bicycle" and substituting "personal electric vehicle".

Coming into force

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