3rd Session, 43rd Legislature

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Bill 222

THE HIGHWAY TRAFFIC AMENDMENT ACT (SPEED LIMITS ON PROVINCIAL ROADS)

(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) in the definition "provincial highway", by striking out "as defined in that Act"; and

(b) by adding the following definition:

"provincial road" has the same meaning as in The Transportation Infrastructure Act; (« route provinciale secondaire »)

3   Subsection 68(1) is amended by repealing the definition "provincial road".

4   Subsections 94.3(2) and (3) are replaced with the following:

Traffic authority may fix speed limit

94.3(2)   Subject to subsection (2.2) and the regulations, a traffic authority other than the minister may fix, by rule or by-law, a speed limit of up to 90 km/h for

(a) any geographic area, highway or portion of a highway for which it is the responsible traffic authority; or

(b) any provincial road or portion of a provincial road that is in an urban area and within the geographical boundaries of the traffic authority's traffic jurisdiction.

Definition of "urban area"

94.3(2.1)   For the purpose of clause (2)(b), "urban area" means

(a) the City of Winnipeg;

(b) an urban municipality;

(c) a local urban district established or continued under The Municipal Act; or

(d) any other settled area that has

(i) 25 or more permanent residences,

(ii) a mix of commercial and community services, and

(iii) a historic basis or place name.

Traffic authority's obligations — provincial roads

94.3(2.2)   A rule or by-law made under clause (2)(b) does not require the approval of the minister or the minister's delegate in order to be effective, but the traffic authority that makes the rule or by-law must

(a) notify the minister in writing at least 90 days before the day the speed limit comes into effect; and

(b) erect traffic control devices respecting the speed limit in accordance with any directions of the minister or the minister's delegate as to what physical characteristics the devices must have, how they are to be erected and where they are to be located in relation to the roadway.

Conflicting speed limits

94.3(3)   In the event of a conflict,

(a) a speed limit established by the minister under clause (1)(b) prevails over any speed limit established by a traffic authority under clause (2)(a); and

(b) a speed limit established by a traffic authority under clause (2)(b) prevails over any speed limit established by the minister under clause (1)(a).

Coming into force

5   This Act comes into force 180 days after the day it receives royal assent.