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The Highway Traffic Act

S.M. 1985-86, c. 3

The Highway Traffic Act

(Assented to June 26, 1985)

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

Definitions.

1

In this Act,

"appeal board" means The Licence Suspension Appeal Board for the establishment of which provision is made in section 278;

"axle group" means two or more axle assemblies the centres of which are not less than 1 metre and not more than 1.8 metres apart and which are either articulated from a common attachment to the vehicle or are separately attached to the vehicle and have a common connecting mechanism that equalizes the load carried by each axle assembly;

"axle assembly" means all the wheels of a vehicle, the centres of which may be included between two vertical parallel transverse planes 1 metre apart, extending across the full width of the vehicle;

"back lane" means a highway situated wholly within the limits of any city, town or village or restricted speed area or reduced restricted speed area which has been designed, constructed and intended to provide access to and service at the rear of places of residence or business and includes alleys having a width of not more than 9 metres;

"bicycle" means a device propelled by human power upon which a person may ride, and

(i) that has 2 tandem wheels either of which is more than 410 millimetres in diameter, or

(ii) that has 3 wheels, but not more than 3 wheels, each of which is more than 410 millimetres in diameter;

"centre line" means the centre of a roadway measured from the kerbs or, in the absence of kerbs, from the edges of the roadway;

"certificate of insurance" means a certificate of insurance issued under The Manitoba Public Insurance Corporation Act and the regulations thereunder to the holder of any class of licence whether issued as part of the licence or permit of the holder or as a separate document;

"class of licence" means any licence or permit issued under this Act authorizing the holder thereof to operate a motor vehicle of a specific class as prescribed in this Act or the regulations or both;

"commercial truck" means, subject to subsection 2(2), any truck not a public service vehicle, except

(i) a truck operated by or on behalf of the government, or a municipality, school board, or other public body,

(ii) a truck operated

(A) in, or within 30 kilometres of, any city, town or village, other than The City of Winnipeg, in which the registered owner thereof has his place of business, or

(B) where the owner thereof has his place of business in The City of Winnipeg, in, or within 20 kilometres of, The City of Winnipeg, where the registered owner thereof has his place of business,

(iii) subject to subsection 2(1), a farm truck,

(iv) a truck used for transporting gravel, sand, or other material for use in the construction or maintenance of a public highway, and

(v) a truck which the board, after examination of the circumstances, certifies in any year is not to be regulated, either as a public service vehicle or a commercial truck, in that year;

"crosswalk" means

(i) that part of a highway in an intersection distinctly indicated for pedestrian crossing by a traffic control device or by lines or other markings on the surface thereof, or

(ii) that part of a highway elsewhere than in an intersection distinctly indicated for pedestrian crossing by a traffic control device and by lines or other markings on the surface thereof, or

(iii) that part of a highway that is included within the straight production across the roadway, directly and not diagonally

(A) of the lateral lines of the sidewalk on either side of any roadway intersecting or meeting the highway, or

(B) of the lateral lines of any sidewalk that intersects or meets the highway on either side thereof, measured, in each case, from the kerb, or in the absence of kerbs, from the edge of the roadway on which the crosswalk is situated, and includes a pedestrian corridor;

"dealer" means a person who, with or without remuneration of any kind, in the course of his business, buys, sells, exchanges, advertises, exhibits, or offers for sale, or acts as a broker of or commission agent in respect of, new or used vehicles of a type required to be registered under this Act, except

(i) an insurer licensed under The Insurance Act,

(ii) a chartered bank,

(iii) a person whose dealing with motor vehicles is incidental to the person's business of buying, selling, dealing in, or lending money on the security of, conditional sale agreements, chattel mortgages, trade paper, bills of lading, warehouse receipts, bills of exchange, or choses in action,

(iv) a person who, having come into possession of a vehicle only as an incident to the person's regular business, sells the vehicle,

(v) a liquidator, receiver, trustee in bankruptcy, or a person acting under the authority of a court of competent jurisdiction,

(vi) a manufacturer, exporter, importer, or distributor of vehicles who does not sell the vehicles at retail,

(vii) a person engaged in a business involving only the purchase, sale, and exchange of boat trailers,

(viii) a person engaged exclusively in the wrecking or dismantling of vehicles for junk or for resale of parts of vehicles,

(ix) a person regularly employed by a dealer licensed under this Act while acting as a salesman or a sales representative,

(x) an auctioneer, sheriff or sheriff's officer, and

(xi) a person engaged solely in the sale of mopeds;

"delivery car" means a passenger motor vehicle or a sedan delivery used, in either case, for delivery purposes, but does not include a public service vehicle or a taxicab;

"department" means the department that is presided over by the member of the Executive Council designated as minister hereunder by the Lieutenant Governor in Council;

"directional dividing line" means a line marked or placed on a roadway as provided in section 108, not necessarily at the centre thereof, to indicate to the drivers of vehicles the portions of the roadway that may be used for traffic proceeding in each direction and, in the case of a roadway on which no such line is marked or placed, means the centre line;

"divided highway" means a highway to which subsection 2(3) applies;

"driver" means a person who drives or is in actual physical control of a vehicle, and the expressions "drive" and "driving" have a corresponding meaning;

"emergency vehicle" means, subject to subsection 2(4), a vehicle used

(i) for police duty, or

(ii) by a fire department, or

(iii) as an ambulance, or

(iv) for purposes related to maintenance of a public utility and designated as an emergency vehicle by a traffic authority, or

(v) under the authority of a municipality, as a fire- pumper, or

(vi) by a volunteer fire-fighter responding to a fire or other emergency;

"equipment" does not include an implement of husbandry;

"farmer" means a person, corporation or group of persons who own, rent or lease land for the purpose of

(i) growing crops or fodder for their use or sale,

(ii) raising livestock or poultry for sale,

(iii) operating a poultry establishment for the production of eggs for sale,

(iv) operating a mink or fox establishment maintained for their pelts for sale or for sale as breeding stock,

(v) operating a dairy establishment maintained for the production of milk or cream for sale,

(vi) operating a feed lot upon which cattle are kept or fed for marketing, or

(vii) operating an apiary of hives of bees maintained for the production of honey for sale, and in the opinion of the registrar the person, corporation or group of persons is engaged in one or more of those operations to a significant degree;

"farm tractor" means a tractor designed and used primarily as a farm implement, and that is operated

(i) for the towing of other implements of husbandry in agricultural operations or for other farm use, or

(ii) on a highway, for the towing of other vehicles being used in the transporting and marketing of the produce, including livestock, of the farm of the owner of the tractor, or in the conveyance of property for use on that farm, or that is driven on a highway solely for the purpose of moving it from one place to another in the course of farming operations or having it repaired, and includes such a vehicle when equipped with or constructed with

(iii) equipment or an attachment commonly called a front end loader, or

(iv) equipment or an attachment commonly called a power take off;

"farm trailer" means a trailer owned by an actual farmer and operated in the marketing of the produce, including livestock, of his own farm, or in the conveyance of property for use thereon;

"farm truck" means a truck owned by a farmer;

"garage" means a building or part of a building or place or premises within, or in connection with which, any service is rendered upon a motor vehicle in the ordinary course of business,

(i) by making repairs thereon by labour, or

(ii) by supplying parts or accessories thereto, or

(iii) by painting, storing, or caring therefor, but does not include a building or other structure situated on premises that are appurtenant to a private residence or residential apartment building, and that is designed and used primarily for housing or storing the motor vehicles of the occupants of the residence or apartment building;

"garage keeper" means a person who renders services upon a motor vehicle in a garage for or at a charge, price, or consideration, in the ordinary course of business and as the principal employment, or one of the principal employments, of that person;

"gross weight" means the combined weight of vehicle and load;

"highway" means any place or way, including any structure forming part thereof, which or any part of which the public is ordinarily entitled or permitted to use for the passage of vehicles, with or without fee or charge therefor, and includes all the space between the boundary lines thereof; but does not include any area designed or intended, and primarily used, for the parking of vehicles and the necessary passageways thereon;

"implement of husbandry" means a machine that is not a motor vehicle and that is designed for agricultural purposes and is exclusively used in the conduct of agricultural operations, but does not include a farm tractor;

"industrial road" means any road or highway or any portion thereof declared under The Highways Department Act to be an industrial road by the Lieutenant Governor in Council;

"instruction permit" means a permit issued under section 26;

"intersection" means the area embraced within the straight production of the lateral boundary lines of two or more highways that join one another at an angle, whether or not one such highway crosses the other;

"laned roadway" means a roadway that is divided into two or more marked lanes for vehicular traffic;

"learner's licence" means a licence issued under section 26, but does not include a motorcycle instruction permit issued under section 26;

"licence" means any licence or permit issued under this Act authorizing the holder thereof to operate a motor vehicle of any class and includes a learner's licence and a motorcycle instruction permit issued under this Act;

"livestock" means horses, cattle, sheep, swine, goats, live poultry, bees and fur breeding stock;

"minister" means the member of the Executive Council who is designated by the Lieutenant Governor in Council as minister hereunder;

"moped" means a motor vehicle which

(i) has 2 tandem wheels or 3 wheels, each of which is more than 410 millimetres in diameter,

(ii) has a seat or saddle having a minimum unladen height of 700 millimetres, when measured from the ground level to the top of the forwardmost part of the seat or saddle,

(iii) is capable of being driven at all times by pedals only, by motor only, or both, and the motor has a piston displacement of not more than 50 cubic centimetres, or is an electric motor neither of which is capable of enabling the moped to attain a speed greater than 50 kilometres per hour;

"motorcycle" means a motor vehicle, other than a tractor which

(i) is designed to travel on not more than three wheels in contact with the ground, and

(ii) has a seat or saddle for the use of the rider sitting astride thereof and is capable of attaining a speed of 50 kilometres per hour or more, and includes a bicycle with a motor attached by which it is driven, and a motor scooter;

"motor home" means a motor vehicle designed and constructed as an integral unit to provide permanent living accommodation and which is equipped with one or more beds and a stove or refrigerator or washing and toilet facilities, and is so designed that there is direct access from the living quarters to the drivers seat;

"motorized mobility aid" means a device which is specifically manufactured or modified for operation by a physically handicapped person and which has

(i) a maximum speed capability of not more than 15 kilometres per hour,

(ii) a maximum width of not more than 81.2 centimetres, and

(iii) a maximum mass of not more than 226 kilograms, and includes a motorized wheel chair;

"mobility vehicle" means a device or vehicle which is specifically manufactured or modified for operation by a physically handicapped person and which has a maximum speed capability of more than 15 kilometres per hour but not more than 50 kilometres per hour;

"motor vehicle" means a vehicle not run upon rails that is designed to be self-propelled or propelled by electric power obtained from overhead trolley wires, but does not include a farm tractor, a self-propelled implement of husbandry, a special mobile machine, or a snowmobile other than one mentioned in the exception set out in subsection 5(13);

"motor vehicle liability insurance card" means

(i) an owner's certificate as that expression is defined under The Manitoba Public Insurance Corporation Act or the regulations made thereunder, or

(ii) a motor vehicle liability insurance card referred to in section 30 of The Manitoba Public Insurance Corporation Act, or

(iii) a card or other document issued to a person who resides outside Manitoba, or who formerly resided outside Manitoba, by an authorized insurer, or by an insurer that is authorized to transact business in the province, state or country in which that person resides, or formerly resided, as the case may be, and that has filed with the Superintendent of Insurance, in the form prescribed by him, the power of attorney and undertakings mentioned in section 161, and which in each case is evidence of motor vehicle liability insurance, insuring the person named in the certificate or card or other document to the extent of not less than the amounts required under section 160;

"number plates" includes any proof of registration issued by the registrar or Taxicab Board and required to be affixed to a motor vehicle, trailer or slide-in camper;

"owner" includes any person in possession of a motor vehicle under a contract providing that the ownership, title, and property therein is to vest in him at a subsequent time, upon payment of the whole or part of the price or the performance of any other condition, and also includes a person who, having been registered under section 5 as owner of a motor vehicle or trailer the ownership of which has passed from him, has failed to comply with section 9 on the passing of the ownership thereof;

"park" when prohibited, means to stand a vehicle whether occupied or not, except

(i) when it is caused to stand temporarily for the purpose of, and while actually engaged in, loading or unloading, or

(ii) in obedience to a peace officer or a traffic control device, and "parking" has a corresponding meaning;

"passenger vehicle" means a motor vehicle classified by a manufacturer as a passenger car or which is designed, constructed or adapted for the principal purpose of transporting passengers and includes a delivery car but does not include a motor cycle, moped or motor vehicle which is designed, constructed or adapted for the purpose of carrying goods or commodities;

"peace officer" means

(i) any member of the Royal Canadian Mounted Police Force and any other police officer, police constable, constable, or other person employed for the preservation and maintenance of the public peace, and

(ii) any person lawfully authorized to direct or regulate traffic, or to enforce this Act or traffic by-laws or regulations, by making arrests for violation thereof or otherwise;

"pedestrian" means a person afoot, or a person in a wheelchair or a child's carriage or physically handicapped person operating a motorized mobility-aid;

"pedestrian control signal" means a traffic control signal directed to pedestrians;

"pedestrian corridor" means a crosswalk, at an intersection or elsewhere, that has been designated as a pedestrian corridor by the proper traffic authority and that is illuminated and distinctly indicated for pedestrian crossing by

(i) such lights and other traffic control devices on the highway, and

(ii) such lines or other markings on the surface of the roadway, as are prescribed in regulations made by the traffic board;

"prescribed" means prescribed in the regulations or in this Act;

"provincial highway" means a highway that is a provincial trunk highway as defined in The Highways Department Act, and also includes a provincial road as defined in that Act;

"public service vehicle" means a motor vehicle or trailer operated by or on behalf of any person, for the transportation for gain or compensation of persons or property upon the highway, and includes a semi-trailer truck; but does not include the passenger-carrying motor vehicles of an electric or steam railway or motor bus company operating on the streets of a city, or school buses, ambulances, or hearses or motor vehicles operated for gain or compensation under The Taxicab Act or a municipal by-law in cities, towns, and villages;

"reduced restricted speed area" means, subject to section 98

(i) any city, town or village designated by the traffic board under section 98,

(ii) any municipality or part of a municipality, or any part of unorganized territory, designated as a reduced restricted speed area by the traffic board under section 98, and

(iii) any highway or portion of a highway designated by the traffic board under section 98;

"reflectorized" as applied to any equipment carried in or on a vehicle, or to a traffic control device, means treated in such a manner that, under normal atmospheric conditions, and when illuminated by the light from the lamps of any vehicle approaching it will reflect that light so that it is clearly visible from a distance of at least 150 metres;

"registrar" means the Registrar of Motor Vehicles appointed under section 323;

"registration year" means the period of twelve months beginning on the first day of March in each year and ending on the last day of February in the next succeeding year; and when a registration year is designated by reference to a calendar year, the registration year beginning in that year is meant;

"regulations" means regulations or orders made under the authority of this Act;

"repairer" means, subject to subsection 2(5), a person who

(i) maintains a garage for the purpose of rendering services therein upon motor vehicles, at a charge, price or consideration, in the ordinary course of business, or

(ii) owns and operates a fleet of five or more motor vehicles, or vehicles, or both, and maintains facilities for the repair of the vehicles;

"restricted speed area" means, subject to section 97,

(i) any city, town, or village, or

(ii) any municipality or part of a municipality or any part of unorganized territory designated as a restricted speed area by the traffic board under section 97, or

(iii) any highway or portion of a highway designated by the traffic board under section 97;

"roadway" means the portion of a highway that is improved, designed, or ordinarily used for vehicular traffic, and includes that portion thereof that, but for the presence of a safety zone, would be ordinarily so used, but does not include the shoulder; and where a highway includes two or more separate roadways, the term "roadway" refers to any one roadway separately and not all of the roadways collectively;

"safety studded tires" means tires on the periphery of which there have been inserted, either by the manufacturer of the tires or by a person having a permit issued for the purpose by the registrar, studs of any material other than rubber that are of a kind approved in the regulations and that do not protrude beyond the surface of the tires to an extent greater than that specified in the regulations;

"safety zone" means an area officially set apart within a highway for the exclusive use of pedestrians, and protected or marked or indicated by adequate traffic control devices so as to be clearly visible, but does not include a pedestrian corridor;

"salesman" means a person who is employed by a dealer for the purpose of buying, selling, or exchanging motor vehicles or trailers, or both;

"school bus" means

(i) a vehicle used under the authority of, or under a contract made with, a school district, school area, or school division, in transporting children and other authorized persons to and from a public school or in connection with any other activity related to an approved school curriculum or activity, or

(ii) a vehicle used in transporting children and other authorized persons to and from school or in connection with any other activity related to an approved school curriculum or activity under the authority of, or under a contract made with, a person operating a school that has been designated by the Minister of Education, in a notice published by him in an issue of the Manitoba Gazette, as a school to which this clause applies, but does not include a transit bus owned and operated by a city, or a passenger vehicle driven by a school teacher, any other school division or school board employee, or volunteers when that person drives or operates the vehicle on behalf of the school children in connection with a school related program or activity or for the purpose of medical attention or treatment;

"semi-trailer" means a trailer so constructed that its weight and the weight of its load is carried partly upon an axle of the truck tractor towing it, and partly upon an axle of the trailer;

"semi-trailer truck" means truck tractor and a semi-trailer combined;

"sidewalk" means a footpath, whether or not paved or improved, that is intended primarily for the use of pedestrians and that either

(i) forms part of that portion of a highway that lies between the kerb line or, if there is none, the lateral boundary line, of the roadway and

(A) the adjacent property lines, or

(B) the straight production of the adjacent property lines to the kerb line or if there is none, to the lateral boundary line, of an intersecting highway, or

(ii) although not part of a highway, is a publicly maintained right-of-way, set aside for pedestrian traffic only and for the purpose of giving access to property adjacent thereto;

"snow vehicle" means a vehicle that

(i) is not equipped with wheels, but in place thereof is equipped with tractor treads alone or with tractor treads and skis, or with skis and a propeller, or is a toboggan equipped with tractor treads or a propeller,

(ii) is designed primarily for operating over snow, and is used exclusively for that purpose, and

(iii) is designed to be self-propelled;

"special mobile machine" means a vehicle

(i) that is not designed or primarily used for transportation of persons, chattels or materials, or

(ii) that is designed for moving earth or structural materials on locations off highways, or for the purpose of highway construction or maintenance, or

(iii) that is being operated on a highway under the authority of a permit issued under section 87 by a traffic authority having jurisdiction, and is only incidentally operated or moved on a highway and is used primarily for the purpose of the construction of buildings or other structures or the construction or maintenance of highways, but does not include dump trucks, truck mounted transit mixers, and other truck mounted machines;

"stand" as applied to a vehicle, whether occupied or not, means

(i) when required, to cause the vehicle to remain motionless in one place, and

(ii) when prohibited, to cause the vehicle to remain motionless in one place, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or a traffic control device, and "standing" has a corresponding meaning;

"stop" as applied to a vehicle whether occupied or not, means

(i) when required, to cause the vehicle to cease to move, and

(ii) when prohibited, to cause the vehicle to cease to move, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or a traffic control device, and "stopping" has a corresponding meaning;

"taxicab" means a motor vehicle had, kept, used, intended for use, or operated, for the transportation of persons for compensation, and includes such vehicles when garaged or under repair; but does not include

(i) a public service vehicle,

(ii) a trolley bus or passenger-carrying motor vehicle of a public transportation system operating on the streets of a city,

(iii) a school bus,

(iv) an ambulance,

(v) a hearse, or

(vi) a motor vehicle, or vehicle of a class of motor vehicles, that The Taxicab Board established under The Taxicab Act excludes from the definition of taxicab under that Act, pursuant to that Act;

"tractor" means a self-propelled vehicle that is designed primarily for traction purposes, and that is not itself constructed to carry any load other than the driver, and includes a farm tractor but does not include a truck tractor or a special mobile machine;

"traffic" includes pedestrians and ridden, driven, or herded animals and vehicles, and other conveyances, either singly or together, while using a highway for purposes of travel;

"traffic authority" means

(i) in the case of provincial highways, and highways in unorganized territory, and the forest reserves to which reference is made in subsection 90(9), the Minister of Highways,

(ii) in the case of inter-municipal highways, the municipalities acting together or one of the municipalities acting with the approval of the Minister of Municipal Affairs,

(iii) in the case of highways within municipalities, except those on privately-owned land, the municipality within the limits of which the highway is situated,

(iv) in the case of a highway, in an Indian Reserve except a provincial highway, the council of the band on the reserve,

(v) in the case of a highway on privately-owned land, the owner thereof,

(vi) in the case of a highway in a local government district, or part thereof, that has been designated in an order made under section 321, that local government district;

"traffic board" means The Highway Traffic Board as defined in The Highways Protection Act;

"traffic control device" means a sign, signal, light, marking, or device, not inconsistent with this Act, placed or erected by a traffic authority for the purpose of regulating, warning or guiding traffic;

"traffic control light" means the light shown by traffic control signal;

"traffic control signal" means a traffic control device, whether manually, electrically, or mechanically operated, by which, when operating, traffic is directed to stop and to proceed;

"trailer" means a vehicle designed for carrying persons or chattels, and for being towed by a motor vehicle, and includes a farm trailer but does not include an implement of husbandry that is temporarily towed, propelled, or moved upon a highway;

"transport board" means The Motor Transport Board established under section 326;

"truck" means a motor vehicle or semi-trailer truck, that is not a delivery car and that is constructed or adapted to carry goods, wares, and merchandise, freight or commodities, but not passengers or luggage;

"truck tractor" means a motor vehicle designed and used primarily for towing other vehicles, and not so constructed as to carry a load other than the driver thereof and a part of the weight of any vehicle so towed including the load thereon;

"turning signal lamps" means lamps of the kind described in clause 35(1)(c);

"unobstructed" as applied to a roadway or a lane of a laned roadway means not obstructed by a stationary object;

"vehicle" means a device, in, upon, or by which a person or thing is or may be transported or drawn upon a highway and includes

(i) an implement of husbandry that is not a motor vehicle, and

(ii) a special mobile machine, but does not include

(iii) a device designed to be moved by human power or used exclusively upon stationary rails or tracks, and

(iv) a motorized mobility aid;

"wrecker" means a person who

(i) is regularly engaged in the business of buying motor vehicles for wrecking purposes only, or selling the parts of wrecked motor vehicles, and

(ii) maintains an established place of business for the purpose, but who does not sell or offer for sale entire motor vehicles;

"yield sign" means a sign requiring the driver of a vehicle facing it to yield the right-of-way to traffic of an intersecting or connecting highway.

APPLICATION OF ACT, ETC.

Application of def. "commercial truck".

2(1)

The exception set out in the definition of "commercial truck", in sub-clause 1(iii) does not apply in the case of a semi-trailer truck used for transportation of cordwood, pulpwood, or other wood, if the weight of the load exceeds 3,700 kilograms.

Exception for certain trucks.

2(2)

A truck that

(a) has a gross weight, including its load, not exceeding 3,700 kilograms;

(b) is unladen or is carrying only the household goods or personal effects of the owner or driver thereof, including the luggage and equipment of a tourist or camper; and

(c) is not being used for a commercial purpose at the time;

is not a commercial truck solely by reason of the fact that it is being operated

(d) more than 30 kilometres from any city, town, or village, in the province other than The City of Winnipeg; or

(e) more than 20 kilometres from The City of Winnipeg.

Separate roadways.

2(3)

Where a thoroughfare consists of two or more separate roadways, and between each two adjoining roadways there is an intervening space, or a physical barrier or clearly indicated dividing section constructed so that it prevents or impedes vehicular traffic entering or crossing the space, barrier, or dividing section, and on each roadway traffic is permitted to proceed in one direction only, except as herein specifically otherwise provided, the several roadways constitute one highway; and the space, barrier or dividing section, shall be conclusively deemed to be a directional dividing line for the highway.

Emergency vehicles.

2(4)

In the case of an urgent emergency justifying a rate of speed in excess of the applicable rate of speed for which provision is made herein, a motor vehicle carrying rescue or first aid equipment shall be deemed to be an emergency vehicle for the purposes of this Act.

Rendering of services.

2(5)

The rendering of services upon a motor vehicle, to which reference is made in the definition of "repairer" in section 1, does not include the sale of motive fuel, lubricating oil, or anti-freeze therefor and services commonly incidental to such sales.

Classes of licences.

2(6)

Where in this Act reference is made to a class of licence of any specified number, the reference shall be deemed to be a reference to the class of licence described and given that number under the regulations.

References to Criminal Code.

3

Wherever in this Act a reference is made to the Criminal Code it shall be deemed to mean the Criminal Code (Canada) as amended from time to time.

Effect of invalidity.

4

If any provision of this Act is adjudged invalid the judgment shall not be construed to invalidate other provisions of this Act.

PART I

REGISTRATIONS, PLATES AND PERMITS

REGISTRATION OF MOTOR VEHICLES

Registration of motor vehicles, etc.

5(1)

Subject as herein otherwise expressly provided, a motor vehicle or trailer shall not be driven on a highway, in any registration year, or portion thereof, unless the owner thereof has registered it for that registration year or portion thereof with the registrar, and has paid to the registrar the fee prescribed for the registration year, or portion thereof, and such insurance premium as is prescribed under the regulations made under The Manitoba Public Insurance Corporation Act, as amended from time to time.

Registration of semi-trailers.

5(2)

In the case of a semi-trailer the owner shall register it for such number of registration years as may be prescribed in regulations and pay therefor the prescribed fee; and notwithstanding any other provisions of the Act or regulations no part of the fee shall be refunded.

Exemption of certain trailers.

5(3)

Subsection (1) does not apply to a trailer

(a) that is being towed by a farm tractor; and

(b) that is being used in the transporting and marketing of the produce, including livestock, of the farm of the owner of the trailer or of the farm tractor, or in the conveyance of property for use on the farm of that owner.

Vehicle of students.

5(4)

Subsection (1) does not apply to the motor vehicle or trailer of a student temporarily residing in the province for the purpose of attending, on a full-time basis, any university, college, or technical training school in the province, where the owner of the motor vehicle or trailer

(a) has registered the motor vehicle or trailer for the current period in another jurisdiction and has properly attached to the motor vehicle or trailer the current number plates of that jurisdiction;

(b) satisfies the registrar as to the matters referred to in clause (a), pays the registrar the fee prescribed for an identification sticker, and thereafter displays the sticker on the vehicle as prescribed; and

(c) produces to the registrar a motor vehicle liability insurance card that was issued in respect of, or relates to, the motor vehicle.

Vehicles of Department of National Defence.

5(5)

Notwithstanding anything in this Act, subsection (1) does not apply to a motor vehicle, or a vehicle, owned by and operated on behalf of the Department of National Defence of the Government of Canada and that has attached thereto and exposed thereon one or more distinctive number plates issued by the Department of National Defence.

Registration of certain farm tractors.

5(6)

The owner of a farm tractor who, at any time in any registration year, drives it, or causes or permits it to be driven, on a highway in the course of using it for any purpose other than

(a) for towing other implements of husbandry in agricultural operations or for farm use; or

(b) for the towing of other vehicles being used in the transporting and marketing of the produce, including livestock, of his farm, or in the conveyance of property for use on his farm; or

(c) moving it from one place to another in the course of farming operations, or of having it repaired;

shall register it for that registration year with the registrar as a motor vehicle; and during that registration year it shall be deemed to be a motor vehicle.

Application for registration.

5(7)

The owner of a motor vehicle shall make application to the registrar for the registration thereof in a form prescribed by the registrar; and he shall comply with all other requirements of the registrar respecting the registration.

Registration card.

5(8)

The registrar shall issue for each motor vehicle or trailer so registered a numbered registration card bearing the date of its issue, containing a description of the vehicle and the name and address of the registered owner, and stating that the vehicle is registered in accordance with this Act for the registration year for which the registration card is issued and indicating thereon that the card is also a motor vehicle liability insurance card; and he shall cause the name of the owner, his address, and the number and particulars of the registration card to be recorded.

Duplication registration cards etc.

5(9)

Upon application therefor on a form approved by the registrar, the registrar may issue to the registered owner of a motor vehicle a duplicate copy of a combined registration card and certificate of insurance; and a duplicate copy of a combined registration card and certificate of insurance issued under this subsection shall be marked to indicate that it is a duplicate; and where, in this Act, there is reference to a registration card or to a certificate of insurance, that reference shall be deemed to apply to, and include, a copy of a combined registration card and certificate of insurance issued under this subsection.

Notice of change of address.

5(10)

Where the owner changes his address or name as filed with the registrar, he shall within fifteen days, cause to be filed with the registrar, in a manner prescribed by the registrar, his change of address or name and every subsequent change of address or name.

Preservation of registration card.

5(11)

The registration card issued for a registered motor vehicle or trailer under subsection (8), or a cab card issued pursuant to an agreement made under subsection 13(5) shall be kept clean and legible and shall at all times, while the vehicle is upon a highway, be in the possession of the driver thereof or carried in the vehicle and subject to inspection by a peace officer, and the driver shall produce and display it to, and permit it to be examined by, a peace officer, the registrar, a justice, or other person entitled to production thereof, for his inspection when required to do so by any such person.

Registration of motor vehicles registered elsewhere.

5(12)

A person who has become a resident of the province and owns a motor vehicle of the private passenger car type that has been duly registered for the current registration year in a province, state, country, or other place of which the owner was, during the last preceding twelve months, a resident shall, within 3 months after he becomes a resident, register it for the balance of the current registration year with the registrar and pay to him the prescribed fee for the registration.

Registration of snow vehicles prohibited with exceptions.

5(13)

The registrar shall not register a snow vehicle except one that

(a) in the opinion of the registrar, is of such a size that, if operated on a highway, is not likely to create a hazard or to endanger persons or property; and

(b) is equipped in the manner in which a motor vehicle is, under this Act, required to be equipped.

Restriction on registration in certein cases.

5(14)

No registration card shall be issued for a motor vehicle

(a) where the manufacturer's serial number or similar identifying mark has been obliterated or defaced; or

(b) where the motor vehicle, by reason of being rebuilt or made up of parts from one or more motor vehicles, or for any other reason, has no such serial number of identifying mark;

unless the owner has filed with the registrar proof, satisfactory to him, of the ownership of the vehicle; whereupon the registrar shall issue a vehicle identification number on a form prescribed by him and which shall be permanently affixed to a part of the vehicle prescribed by the registrar; and the vehicle identification number shall thereafter be deemed sufficient identification for the purpose of registration of the vehicle.

Delegation of authority to register.

5(15)

The minister may authorize any person to register motor vehicles, renewal of commercial truck registration, and trailers and issue registration cards therefor, and to issue drivers' licences and temporary instruction permits, and may define the duties and powers of any such person; and, where the salary is not otherwise provided, may fix the fee to be paid to each person so authorized for each registration card and licence and permit issued by him.

Payment for lost plates, etc.

5(16)

Where a person authorized under subsection (15) to register vehicles and to issue licences or permits loses or is otherwise unable to account for

(a) number plates; or

(b) validation stickers for number plates; or

(c) temporary licences or permits; or

(d) validation stickers for licences or permits;

that were furnished to him by the registrar, the minister may assess the person in respect of the plates, stickers, licences or permits that are lost or unaccounted for such amount as he deems reasonable and just and that person shall pay the amount assessed to the registrar; and where an amount has been assessed by the minister under this subsection, that amount may be deducted from any fees owing to the person under subsection (15).

Proof of age.

5(17)

The registrar may require a person applying to register a motor vehicle to produce for inspection an official birth certificate respecting his birth, or other proof of the date of his birth satisfactory to the registrar.

Exemption from registration fee.

5(18)

Notwithstanding any other provision of this Act, no fee is payable for the registration of not more than one motor vehicle that

(a) is of the passenger car type;

(b) is not a delivery car; and

(c) is used solely as a passenger car and not for profit arising directly from the use thereof;

in any case where the owner of the motor vehicle is a person who, by reason of active service in the forces of the Crown in war,

(d) has lost

(i) a hand or any part of an arm above the wrist, or

(ii) a foot or any part of a leg above the ankle; or

(e) is a paraplegic; or

(f) is blind.

Proof of ownership.

5(19)

Before registering a vehicle the registrar may require proof of the ownership thereof.

Refusal to register certain vehicles.

5(20)

The registrar shall refuse to register any go-kart or snowmobile, as defined in The Snowmobile Act, which has been converted and adapted to travel on wheels, and may refuse to register any other vehicle which, in his opinion, would, if operated on a highway, create a hazard or be likely to endanger persons or property.

Inspection of vehicles before registration.

5(21)

Where a person applies to the registrar for the registration of a motor vehicle as a moped or mobility vehicle, or a manufacturer of or dealer in mopeds or mobility vehicles, requests that a certain type of motor vehicle be classed as a moped or mobility vehicle, the registrar may cause the motor vehicle to be inspected and if he is not satisfied that the vehicle complies in all respect with the requirements of the Act, he may refuse to register or classify the motor vehicle as a moped or mobility vehicle, as the case may be.

Procedure for inspection.

5(22)

The inspection referred to in subsection (21) shall be conducted in accordance with procedures prescribed in the regulation.

Form of refusal to register.

5(23)

Where, under subsection (13), (20) or (21), the registrar refuses to register a vehicle, he shall do so in writing, stating his reasons for the refusal, and shall give a copy of the written refusal to the applicant.

Appeal against refusal.

5(24)

Within six months of the receipt of the written refusal, the applicant may appeal to the appeal board against the refusal; and the appeal board shall deal with the appeal in a manner similar to that in which it deals with appeals under section 279, and that section, in so far as applicable, applies, mutatis mutandis, to an appeal under this subsection.

Registration of vehicles for use in remote communities.

5(25)

Where an applicant for the registration of a vehicle resides in any community designated in the regulations as a remote community which is not connected with the provincial highway system, the registrar in issuing a registration in respect of that vehicle shall restrict the registration to authorize the operation of such vehicle on highways situated within, or contiguous to, such communities.

Change in registration.

5(26)

Where a vehicle has been registered under subsection (25) and the owner subsequently desires to register the vehicle under subsection (1), he shall make application on a form prescribed by the registrar and upon payment of the fee prescribed for the registration of that vehicle, less the amount paid for the restricted registrations, and such insurance premiums as may be prescribed under The Manitoba Public Insurance Corporation Act and regulations made thereunder, the registrar shall issue a registration card and new number plates.

Registration of vehicle owned by non-resident prohibited.

5(27)

Except as the Act otherwise provides, and subject to subsection (28), the registrar shall not register a vehicle under this section if at the time of application for registration it is owned by a person who is not a resident of the province.

Exception.

5(28)

Subsection (27) does not apply to a vehicle owned by a person, company or corporation engaged in a business in the province and whose head office or principal place of business is located in another province, state or territory and which is used in the province primarily in connection with that business.

Must be resident of province.

5(29)

Where a person declares on an application for registration of a vehicle under this section that he is a resident of the province and it is subsequently disclosed that at the time of application he was not a resident of the province, any registration issued in respect of that application shall be deemed to be null and void from the date of its issue.

Operation of a vehicle under transit permit.

5(30)

Notwithstanding anything in this Act, where an owner of a motor vehicle or trailer has been issued an intransit permit or other temporary registration for motor vehicle or trailer described in the permit, or temporary registration, by a proper authority of another province or territory, the motor vehicle may be operated within the province for such period as stipulated in the permit or temporary registration and in compliance with any terms or conditions indicated therein.

Registration of leased truck as farm truck.

5(31)

Notwithstanding anything in this Act, but subject to subsection (32), a farmer who leases a truck for use in connection with his farming operation, may register it in his name as a farm truck.

Submission of particulars respecting leased truck.

5(32)

A person making application under subsection (31) shall furnish to the registrar

(a) a copy of the lease agreement executed between the applicant and the owner of the truck, indicating duration of the lease;

(b) particulars of the leased truck, including make, model, year of manufacture, colour and the serial number of the truck being leased; and

(c) such other information as may be required by the registrar.

Registration expires on expiry of lease.

5(33)

Subject to subsection (34), upon expiry or termination of the lease any registration issued under subsection (31) expires on the date of termination or expiry of the lease, and the person to whom the registration was issued shall return the registration card and number plates to the registrar.

Substitution of leased truck.

5(34)

Where another truck is substituted for a truck which was registered under subsection (31), the person to whom the registration was issued may transfer the number plates to the substituted truck and shall, within 7 days, make application to the registrar for the transfer of the registration and pay such fee and insurance premiums as may be prescribed in regulations.

NUMBER PLATE ON MOTOR VEHICLES

Number plates required.

6(1)

Except in the case of a motor vehicle that is being towed by another motor vehicle, every motor vehicle that is required to be registered under this Act, and every trailer that is required to be registered under this Act, while on a highway, shall have attached thereto, and exposed thereon, one or more number plates for the current registration year as herein required, furnished by the registrar or The Taxicab Board, and of a design, type, and a material prescribed by the registrar; and in the case of a motor vehicle being towed as aforesaid, compliance shall be made with section 8.

Number plates on motor vehicles.

6(2)

Every number plate shall be placed in such a conspicuous position on the outside of the vehicle as to make it distinctly visible; and shall be illuminated as required by sub-clause 35(1)(a)(iii); and, subject to subsection (4),

(a) every vehicle operated under the authority of a dealer number plate and every trailer shall carry one number plate which shall be on the back thereof;

(b) every tractor other than a farm tractor shall carry one number plate, which shall be on the front thereof;

(c) every motorcycle, mobility vehicle and moped shall carry one number plate, which shall be on the back thereof; and

(d) every other motor vehicle shall carry two number plates of which

(i) one shall be on the front of the motor vehicle and shall be so placed that no part of it is higher than the top of the headlamps or lower than the lower edge of the bumper, and

(ii) one with the year of issue indicated thereon shall be on the back of the motor vehicle and, except in the case of a truck or a public service vehicle, shall be so placed that no part of it is higher than 770 millimetres from ground level or lower than the lower edge of the bumper.

Validation stickers.

6(3)

In addition to the number plates required to be attached to trailers, semi-trailers and motor vehicles under subsections (1) and (4), there shall be affixed thereto, in each registration year or portion thereof for which new number plates are not issued, a validation sticker showing a distinctive number and the registration year for which it is issued, and which shall be affixed in a manner prescribed in the regulations.

Location of plates on semi-trailer.

6(4)

In the case of a semi-trailer truck the number plates shall be carried, as provided in subsection (2) on the truck tractor portion thereof and in the case of a semi-trailer on the rear thereof.

Ownership of number plates.

6(5)

Every number plate furnished by the registrar is, and shall remain, the property of the Crown and shall be returned to the registrar when required by him.

Loss of number plates.

6(6)

Where a number plate is lost, the registered owner may obtain a new set of plates upon returning his registration card, together with the remaining plate, if any, paying the prescribed fee to the registrar, and furnishing such proof of loss as may be required by him.

Use of other numbers prohibited.

6(7)

No number, other than that upon the number plate furnished by the registrar, shall be exposed on any part of a motor vehicle or trailer in such a position as to be likely to be confused with the number plate.

Visibility of number plates.

6(8)

The number plates shall be kept free from dirt, and shall be so affixed and maintained that the number thereon may at all times be plainly visible and clearly legible and that the view thereof shall not be obscured or obstructed.

Confiscation for fraud.

6(9)

A peace officer who has reason to believe that a motor vehicle or trailer is carrying number plates that were not issued for it, or that, although issued for it, were obtained by false pretences, may take possession of those number plates and retain them until the facts as to the carrying of the number plates have been determined.

Reservation of number plates.

7

Upon the request of an owner of a motor vehicle, and upon payment by the owner of the prescribed fee the registrar may

(a) reserve the number in a new or proposed number plate series that was assigned to that owner in the previous number plate series; or

(b) reserve a number in a new or proposed number plate series that was not assigned to any other owner in the previous number plate series and has not previously been reserved under this section.

Meaning of "drive-away unit".

8(1)

In this section the expression "drive-away unit" means

(a) a motor vehicle that is towing another motor vehicle or trailer together with that other motor vehicle or trailer, all the wheels of which are on the highway; or

(b) subject to subsection 67(9), any combination of motor vehicles

(i) one of which is entirely carried on the motor vehicle,

(ii) one of which moves under its own motive power, and

(iii) others which are partly towed and partly carried so that only the rear wheels of the other motor vehicles are in contact with the roadway.

Registration of drive-away units.

8(2)

The owner of a drive-away unit, if he holds a certificate issued to him by the transport board as provided in section 284, instead of registering, as provided in section 5, each motor vehicle or trailer comprising part of a driveaway unit, and that is owned or operated by him or his agent or employee, may, upon paying the prescribed fee, obtain number plates therefor, which shall be issued by the registrar.

Form of number plates.

8(3)

The number plates shall be in such form as is prescribed by the registrar.

Transferability.

8(4)

A person to whom number plates are issued as provided in this section may use them on any drive-away unit owned or operated by him or his agent or employee, as occasion may require and subject to the regulations.

TRANSFER OF OWNERSHIP

Expiration of registration.

9(1)

Subject to subsections (2) and (5) where the ownership of a registered motor vehicle or trailer passes from the registered owner, the registration of the motor vehicle or trailer expires and the registered owner shall forthwith return the registration card and number plates to the registrar.

Expiration of registration on death of owner.

9(2)

In the case of the death of the registered owner of the motor vehicle or trailer, the registration of the motor vehicle or trailer expires fourteen days after the death of the owner; and his personal or legal representative shall return the registration card and number plates immediately after expiry of the registration or as soon thereafter as is practicable.

Termination of registration on conditional sale.

9(3)

Where the possession of the registered motor vehicle or trailer passes from the registered owner thereof under a contract of sale that provides that the ownership, title, and property therein will remain vested in him until the person to whom possession passes pays the whole or part of the purchase price or performs a condition, the registration of the vehicle or trailer in the name of that registered owner terminates on the passing of possession; and that registered owner shall forthwith return to the registrar the registration card and number plates issued in respect of the motor vehicle or trailer.

Termination of registration on repossession.

9(4)

In a case to which subsection (3) applies, if the seller of the motor vehicle or trailer repossesses it under the contract, the registration of the motor vehicle or trailer in the name of the purchaser terminates on the repossession; and the purchaser shall forthwith return to the registrar the registration card and the seller shall return to the registrar the number plates issued in respect of the motor vehicle or trailer.

Refunds.

9(5)

Where the registration of a motor vehicle or trailer

(a) expires as provided in subsection (1) or (2); or

(b) terminates as provided in subsection (3) or (4);

if the registered owner or purchaser, or legal representative, complies with subsection (1), (2), (3) or (4), as the case may be, he is entitled to a refund of that portion of the registration fee which is equal to the fee he would be liable to pay for the registration of the motor vehicle or trailer for that registration year if he applied for registration thereof in the month next following the month in which the application for refund is made, less the sum of $1.00.

Where higher fee initially paid.

9(6)

Notwithstanding subsection (5) where a person initially paid a higher registration fee than the fee he would have been liable to pay if he had initially registered the motor vehicle or trailer in respect of which application for refund is being made, the registrar may issue an additional refund calculated in respect of the initial fee paid.

Limitation on refund.

9(7)

In any case to which subsection (5) applies, if the amount to which the applicant for a refund would be so entitled to have refunded is less than $1.00, no refund shall be made.

Assignment of number plate to spouse of deceased owner.

9(8)

Where the registered owner of a motor vehicle or trailer dies and the ownership of the motor vehicle or trailer passes to the spouse of the deceased, the spouse may, upon application to the registrar and the payment of the prescribed fee, have the registration of the motor vehicle or trailer transferred to the name of the spouse and retain the number plates, which shall thereupon be assigned to the spouse.

Refund applied to premiums.

9(9)

Where a registration or driver's licence is suspended under section 269 a refund of registration fee or insurance premium is owing to the registered owner, the refund shall be applied, firstly to any insurance premium owed by the registered owner to The Manitoba Public Insurance Corporation and, subject to subsection (5), the balance of the registration fee, if any, is payable to the owner.

Return of plates by dealers.

9(10)

Where the ownership of a registered motor vehicle or trailer passes from the registered owner to a dealer, or to any other person engaged in the business of selling motor vehicles, whether new or second-hand, and where the person transferring the vehicle or trailer has not returned the number plates as required by subsection (1) or (2), the dealer or other person shall himself forthwith return them to the registrar.

Limitation not applicable.

9(11)

No limitation in this Act or in, or brought into force in the province under or by virtue of, any other Act or law applies to a prosecution for a violation of subsection (1), (2), (3), (4) or (10).

Return of plates on seizure.

9(12)

Where any person repossesses, seizes, or takes or recovers possession of, a registered motor vehicle or trailer under any judicial process or a distress, or otherwise under the terms of a conditional sale agreement, chattel mortgage, lease, or tenancy, he shall forthwith return the number plates thereon to the registrar, or to a peace officer on demand by him; and upon the number plates being delivered to the registrar, if the registration of the motor vehicle or trailer expires, the registered owner or his legal personal representative, on returning the registration card to the registrar, is entitled to a refund of a portion of the registration fee as provided in subsection (5).

Refund to nearest dollar.

9(13)

Where a person is entitled to a refund under this section in an amount consisting of both dollars and cents, the amount to be paid as a refund shall be calculated to the nearest dollar; but for the purpose of this section where the number of cents over and above any dollars if fifty, the fifty cents shall be deemed to be fifty-one cents.

Transfer of plates to similar vehicles.

10(1)

Where the registered owner of a motor vehicle of the passenger car type, or of a motorcycle, or moped, or trailer, transfers the ownership thereof, upon complying with the requirements of the registrar and upon paying the prescribed transfer fee and any additional insurance premium prescribed under The Manitoba Public Insurance Corporation Act or the regulations made thereunder, he may, not later than seven days after the transfer of ownership

(a) in the case of a motor vehicle of the passenger car type, have the number plates transferred to another motor vehicle of the passenger car type newly acquired by him;

(b) in the case of a motorcycle or moped, have the number plates transferred to another motorcycle or moped newly acquired by him; and

(c) in the case of a trailer, have the number plates transferred to another trailer newly acquired by him and having the same gross vehicle weight as the trailer in respect of which the number plates were previously issued.

Transfer of plates to passenger vehicle of greater weight.

10(2)

Where the registered owner of a motor vehicle of the passenger car type transfers the ownership thereof, he may, not later than seven days after the transfer of ownership, have the number plates transferred to another motor vehicle of the passenger car type newly acquired by him having a weight greater than the motor vehicle in respect of which the number plates were previously issued upon complying with the requirements of the registrar and upon paying

(a) the prescribed transfer fee;

(b) any additional insurance premium prescribed under The Manitoba Public Insurance Corporation Act and the regulations made thereunder; and

(c) an additional registration fee equal to the difference between the registration fee that would be charged on the date of the application for the transfer for the vehicle in respect of which the number plates were previously issued and the registration fee that would be charged on that date for the motor vehicle to which the number plates are being transferred.

Transfer of plates to trailer of greater gross weight.

10(3)

Where the registered owner of a trailer transfers the ownership thereof, he may, not later than seven days after the transfer of ownership, have the number plates transferred to another trailer newly acquired by him having a greater combined weight or carrying capacity than the trailer in respect of which the number plates were issued upon complying with the requirements of the registrar and upon paying

(a) the prescribed transfer fee;

(b) any additional insurance premium prescribed under The Manitoba Public Insurance Corporation Act and the regulations made thereunder; and

(c) an additional registration fee equal to the difference between the registration fee that would be charged on the date of the application for transfer for the trailer in respect of which the number plate was previously issued and the registration fee that would be charged on that date for the trailer to which the number plate is being transferred.

Transfer of plates to passenger vehicle of lesser weight.

10(4)

Where the registered owner of a motor vehicle of the passenger car type transfers the ownership thereof, he may have the number plates transferred to another motor vehicle of the passenger car type newly acquired by him having a weight lesser than the motor vehicle in respect of which the number plates were previously issued upon complying with the requirements of the registrar and upon paying

(a) the prescribed transfer fee; and

(b) any additional insurance premium prescribed under The Manitoba Public Insurance Corporation Act and the regulations made thereunder;

and he is entitled to a refund or credit of an amount equal to the difference between the registration fee that would be charged on the date of the application for transfer for the motor vehicle to which the number plates are being transferred and the registration fee that would be charged on that date for the motor vehicle in respect of which the number plates were previously issued.

Transfer of plates to smaller trailer.

10(5)

Where the registered owner of a trailer transfers the ownership thereof, he may have the number plates transferred to another trailer newly acquired by him having a combined weight or carrying capacity less than the trailer in respect of which the number plates were previously issued upon complying with the requirements of the registrar and upon paying

(a) the prescribed transfer fee; and

(b) any additional insurance premium prescribed under The Manitoba Public Insurance Corporation Act and the regulations made thereunder;

and he is entitled to a refund or credit of an amount equal to the difference between the registration fee that would have been charged on the date of the application for transfer for the trailer to which the number plate is being transferred and the registration fee that would be charged on that date for the motor vehicle in respect of which the number plate was previously issued.

Fees and refunds to nearest dollar.

10(6)

Any additional registration fee or refund or credit owing or to which a person is entitled under subsections (2) to (5) shall be calculated to the nearest dollar as provided under subsection (15).

Transfer between different kinds of motor vehicles.

10(7)

Where the registered owner of a truck, tractor, truck tractor, motor vehicle of a passenger car type, trailer, or motorcycle, transfers the ownership thereof, upon complying with the requirements of the registrar and paying the prescribed fee for that purpose and the registration fee payable under this Act, less any credit to which he may be entitled under subsection (13), the registered owner

(a) in the case of a truck, tractor, or truck tractor, may have the number plates transferred to another truck, tractor, or truck tractor, respectively, owned by him, or may demand and receive from the registrar new number plates, as the case may be, of the kind for a motor vehicle of the passenger car type or trailer owned by him; and

(b) in the case of a motor vehicle of the passenger car type, trailer, or motorcycle, may demand and receive from the registrar new number plates of the proper kind for a truck owned by him.

Temporary use of plates on newly acquired vehicle.

10(8)

In the case of the transfer of ownership of a vehicle to which subsection (1) or (6) applies or of a truck, tractor, slide-in camper, or truck tractor, if the person transferring ownership newly acquires ownership of another vehicle or slide-in camper of the same kind as the vehicle or slide-in camper the ownership of which he has transferred, he may, during a period of seven days following the transfer of ownership, attach to, and expose on, the vehicle or slide-in camper the ownership of which he has so acquired the number plates issued in respect of the vehicle or slide-in camper the ownership of which he has transferred.

Application for temporary P.S.V. or taxi plates.

10(9)

An owner of a motor vehicle registered as a public service vehicle, or a taxi, may apply on an approved form to The Taxicab Board or the transport board for a temporary permit authorizing the transfer of registration and plates issued in respect of a motor vehicle that is disabled to another motor vehicle of a like class or type.

Issue of temporary permit.

10(10)

Upon payment of the prescribed fee and the insurance premium prescribed under the regulations made under The Manitoba Public Insurance Corporation Act, The Taxicab Board or the transport board may issue a temporary permit for which application is made under subsection (9); but the temporary permit shall be for a period not exceeding fifteen days.

Particulars and place of permit.

10(11)

The owner to whom a temporary permit has been issued under subsection (10) shall, before affixing it, record thereon

(a) the description of the motor vehicle to which the registration and plates have been transferred;

(b) the name and address of the owner; and

(c) the date of the transfer of the registration and plates;

and the permit shall be affixed to the windshield of the motor vehicle to which the registration is being temporarily transferred.

Evidence of ownership of certain newly acquired vehicle.

10(12)

Where a person is operating on a highway a vehicle the ownership of which he has newly acquired and to which as provided in subsection (8), he has attached number plates issued in respect of a vehicle the ownership of which he has transferred, he shall, on demand of a peace officer, produce to him a bill of sale or other document executed by the person who has transferred to him the ownership of the newly acquired vehicle, evidencing that transfer of ownership.

Credit against registration fee.

10(13)

Where, under subsection (7), number plates are transferred, or new plates are issued, the owner is entitled to a credit equal to that portion of the registration fee paid by him which is equal to the ratio between the number of months of the registration year which remain unexpired, including the month in which the transfer or issue of new plates occurs, and twelve.

Refunds.

10(14)

Where an owner is, under subsection (13), credited with an amount that is greater than the amount payable by him, at that time, as the registration fee for the vehicle to which the number plates are transferred or for which new number plates are issued, he is entitled to a refund of an amount equal to the difference between the amount so credited and the registration fee so payable.

Refunds, etc., to nearest dollar.

10(15)

Where, under this section, a person is entitled to a credit or refund in an amount consisting of both dollars and cents, the amount to be paid or credited as a refund or credit shall be calculated to the nearest dollar; but for the purposes of this subsection where the number of cents over and above any dollars is fifty, the fifty cents shall be deemed to be forty-nine cents.

CHANGES IN VEHICLES

Expiration of registration in certain cases.

11

Where the type of a registered motor vehicle is changed, or in case the vehicle becomes unfit to be driven on a highway, the registration thereof expires and the owner shall forthwith return the registration card and number plates to the registrar; but he may have the number plates transferred to the changed motor vehicle or to another motor vehicle.

Reports as to changes in motor vehicles.

12

The owner of a motor vehicle shall report to the registrar either or both of the following alterations in a motor vehicle; namely:

(a) Replacement of the body by another.

(b) Change of the class, or conversion of the type, of the motor vehicle.

MOTOR VEHICLES OF NON-RESIDENTS

Operation of motor vehicles by non-residents.

13(1)

Except as otherwise provided in this section, a non-resident owner owning a motor vehicle or trailer that has been duly registered for the current registration year in the province, state, country, or other place of which the owner is a resident, and which, at all times when driven in the province, has displayed upon it the number plates issued for the vehicle in the place of residence of the owner, may drive or permit the driving of the vehicle within the province without registering the vehicle under this Act.

Report as to vehicles of non-residents.

13(2)

Notwithstanding anything in this section, the Lieutenant Governor in Council may, by the regulations, require such report as the regulations may provide, to be filed with the registrar in respect of motor vehicles or trailers of non-residents entering the province.

Registration of p.s.v.'s of non-residents.

13(3)

A non-resident owner of a motor vehicle or trailer driven within the province for the transportation of merchandise, or for the transportation of persons or property for compensation, shall register the vehicle, and pay the same fee therefor as is required for the registration of a like vehicle owned by a resident of the province.

Business vehicles of non-residents.

13(4)

Every non-resident, including a foreign corporation, carrying on business within the province and owning, and regularly using, in that business a motor vehicle or trailer within the province shall register the vehicle and pay therefor a fee of the same amount that is required for the registration of a like vehicle owned by a resident of the province.

Reciprocal agreements.

13(5)

Notwithstanding subsections (3) and (4), the government may make, or authorize to be made, an agreement or arrangement with the executive government of any other province or territory of Canada or any state or territory of the United States or the District of Columbia in the United States to the effect that subsections (3) and (4) do not apply or apply with such variations and qualifications as to fee or other conditions as may be specified in the agreement or arrangement, to any class of residents of a province, state, or territory, including the District of Columbia, that grants similar exemption and privileges with respect to motor vehicles registered under the laws of, and owned by residents of Manitoba; but public service vehicles shall, nevertheless, be in compliance with Part VIII.

Suspension of exemption or privileges.

13(6)

Where pursuant to subsection (5) the government has entered into an agreement as mentioned in that subsection, the Lieutenant Governor in Council may make regulations setting out the nature and type of records that are required to be maintained by the registrant of a motor vehicle affected by the agreement; and where a registrant fails, refuses or neglects to keep and maintain those records as required, the government through the registrar may suspend or terminate any exemption or privilege granted to the registrant for such period that the registrar may determine or until such time that the registrant complies with the provisions of the agreement and any conditions imposed by the registrar.

Hearing before suspension or termination.

13(7)

Before suspending or terminating any exemptions or privileges under subsection (6), the registrar shall give at least 30 days notice in writing to the registrant fixing a date, time and place at which a hearing shall be held before the registrar or a person designated by the registrar to determine whether or not the exemptions or privileges of the registrant should be suspended or terminated.

Right to counsel.

13(8)

The registrant has a right to be present at any hearing held under subsection (7) to be heard and to be represented by counsel.

Court's decision final.

13(9)

An appeal lies from a determination made under subsection (7)

to the Court of Queen's Bench, and the decision of that court is final.

Re-assessment of registration fee by registrar.

13(10)

Where an audit of records required to be maintained by this section and the regulations, reveals that the information furnished to the registrar at the time of application for the registration of a motor vehicle was incorrect, the registrar may re-assess the amount of the registration fees payable for the motor vehicle, and the registrant shall pay the full amount of the reassessed fees within such time as may be fixed by the registrar.

Suspension or cancellation of registration.

13(11)

Where the registrant fails to pay the full amount of the reassessed fees within the time fixed by the registrar under subsection (10), the registrar shall cancel or suspend the registration of any motor vehicle in respect of which the registrant is named in a registration card or cab card.

Effect of section.

13(12)

This section is subject to Parts V and VII.

REGISTRATION OF MOTOR VEHICLES OF DEALERS AND REPAIRERS

Use of dealer's number plates.

14(1)

Subsections 5(1) and 6(1) do not apply to a motor vehicle or trailer that is owned by, or in the possession of, a dealer and that is being driven on a highway while displaying a dealer's number plate issued to him, if all other provisions of the Act are complied with and the motor vehicle or trailer is not being used for the transportation of goods or persons for compensation, reward or expectation thereof, unless a permit has been issued by the transport board as provided in subsection 318(14).

Use of repairer's plate.

14(2)

Subsections 5(1) and 6(1) do not apply to a motor vehicle or trailer in the possession or control of a repairer that is being driven on a highway solely for the purpose of

(a) testing or repairing it, or rendering other services thereon; or

(b) moving it from one garage to another; or

(c) moving it from a place where it was left by the owner or delivering it to the owner;

while displaying a repairer's number plate issued to him, if all other provisions of the Act are complied with and the motor vehicle or trailer is not being used for the transportation of goods or persons for compensation, reward or expectation thereof.

Permits for dealers' plates.

14(3)

A dealer who holds a subsisting permit under section 19, instead of registering under section 5 each motor vehicle or trailer owned by him and held for the purpose of demonstration or sale, may, upon complying with the requirements of the registrar, obtain from him a permit to obtain and use dealers' number plates; and upon payment of the prescribed fee may obtain such sets of dealers' number plates as he may require.

Permits for repairer's plates.

14(4)

A repairer, instead of registering under section 5 each motor vehicle in his possession for the purpose of testing or repairing it, or rendering otherwise service with respect thereto, may, upon complying with the requirements of the registrar, obtain from him a permit to obtain and use repairers' number plates; and upon payment of the prescribed fee may obtain such repairers' number plates as he may require.

Registration of dealers and repairers motor vehicles.

14(5)

A motor vehicle to which subsection (3) or (4) applies, while the dealers' or repairers' number plates are attached as provided in subsections (1) and (2), shall, for the purposes of this Act, be deemed to be registered under section 5.

Restriction on use of dealer's plate.

14(6)

Notwithstanding subsection (5), no person shall display a dealer's number plate which has been issued for display on a motorcycle, moped or trailer or any vehicle other than on a motorcycle, moped or trailer, as the case may be.

IN TRANSIT MARKERS

"In transit" markers.

15(1)

"In transit" markers may be issued without fee by the registrar to a dealer upon his complying with the requirements of the registrar; and the markers when issued shall be used only on the original trip of the vehicle from the distributor to the dealer or from a dealer to another dealer.

Display on vehicle.

15(2)

The markers issued for such a purpose shall be pasted on the windshield of the vehicle, and shall be immediately destroyed on arrival at the place of business of the dealer to whom the vehicle is delivered.

Transit permits.

15(3)

On payment of the prescribed fee the registrar may issue, to any person applying therefor and not under the age of eighteen years, a "transit" permit, which shall authorize a vehicle owned by the applicant to be driven on the highways of the province during the period stated in the permit, to any other place in the province stated therein, without registration of the vehicle as required by section 5.

INTERIM REGISTRATION STICKERS

Interim registration.

16(1)

Where a person purchases a vehicle from a dealer, he may, during the seven days next succeeding the date of the purchase, drive it, or cause or permit it to be driven, on a highway without complying with subsection 5(1), if

(a) he has in his possession a bill of sale or invoice showing the date of the purchase; and

(b) there is placed on the windshield in a position designated by the registrar, an interim registration sticker issued by the registrar as provided in subsection (2), that shows on the face thereof that it is valid only during those seven days, and that is signed by the dealer or on his behalf by a person authorized by him to do so.

Issue of interim stickers.

16(2)

The registrar may, in his absolute discretion and on payment of the prescribed fee for each sticker, issue to any dealer who applies therefor, such number of interim registration stickers as in the opinion of the registrar the dealer may require.

Interim registration to be issued to certain persons only.

16(3)

A dealer may issue an interim registration sticker only to a person who purchases a vehicle from him, and in respect only of that vehicle; and the dealer shall

(a) cause to be noted on each interim registration sticker issued by him the date upon which the validity thereof expires, which is the seventh day after the purchase;

(b) sign each interim registration sticker when issued or cause it to be signed at that time by a person duly authorized to sign it on his behalf; and

(c) comply with all directions of the registrar in respect of the issue of interim registration stickers.

Form of stickers.

16(4)

The interim registration stickers to which subsection (2) applies shall be in a form prescribed in the regulations; and each such sticker is valid only in respect of a vehicle purchased from a dealer and only during the seven days next succeeding the date of purchase.

Limitation on issue of interim registration certificates.

16(5)

No dealer shall issue an interim registration sticker to a person under the age of eighteen years or to a person who has purchased a motor vehicle that is not in safe condition to be operated on a highway and for which a certificate under clasue 20(1)(b) is required.

Conditions of issue.

16(6)

Subject as herein provided, the registrar shall prescribe the conditions upon which dealers may issue interim registration stickers and the persons who may sign them on behalf of a dealer.

Temporary registration.

17

Where a vehicle is not registered under section 5 of this Act, and no "in transit" marker or temporary registration has been issued, the registrar may, upon payment to him of the fee prescribed and such insurance premium as may be prescribed under the regulations made under The Manitoba Public Insurance Corporation Act, issue a temporary registration for a period not exceeding 30 days from date of issue for the purpose of demonstration of the vehicle for sale or other specified purpose.

Single trip permits.

18

Where a truck or trailer is registered under section 5 or 282 of the Act for a gross weight that is less than the maximum gross weight permitted under section 68 and the regulations for that truck or trailer, upon payment of the fee prescribed in the regulation and such insurance premium as may be prescribed under The Manitoba Public Insurance Corporation Act and regulations made thereunder, the registrar may issue a temporary or single trip permit increasing the authorized gross weight of the truck or trailer up to the maximum gross weight prescribed under section 68 and the regulations for that truck or trailer.

DEALER'S PERMITS AND OTHER PERMITS

RENTING OF MOTOR VEHICLES

Permits for dealers and wreckers.

19(1)

No person shall carry on business as dealer or wrecker unless he is the permittee named in a valid and subsisting permit for the purpose issued to him by the registrar, and has paid the prescribed fee therefor.

Permits for salesmen.

19(2)

No person shall act as, or hold himself out as, a salesman for a dealer, and no dealer shall permit any person to act as a salesman for him, unless that person

(a) is the permittee named in a valid subsisting permit issued to him by the registrar permitting him to act as a salesman for that dealer; and

(b) has paid the prescribed fee therefor.

Notice of termination of employment.

19(3)

Within seven days of the date on which a salesman leaves the employment of a dealer for any reason or the employment of a salesman by a dealer is terminated for any reason, the dealer and the salesman shall each notify the registrar in writing of the fact; and the registrar shall forthwith cancel the permit issued to the salesman.

Conditions attached to permits.

19(4)

A permit may be issued subject to such conditions prescribed by the registrar as are stated therein; and each person to whom a permit is issued shall comply with any such conditions.

Refusal of permit.

19(5)

The registrar may refuse to issue to any person a permit under this section.

Display of permit.

19(6)

Every person to whom a permit is issued under subsection (1)

shall post and keep posted his permit in a prominent position in his chief place of business.

Investigation of premises.

19(7)

A peace officer may enter any place used in the business of dealing in, renting, storing, or wrecking motor vehicles and make such investigation and inspection of the premises or of the records, if any, required to be kept, as he thinks proper to ascertain whether compliance is being made with this Act.

Form of refusal of permit.

19(8)

Where, under this section, the registrar refuses to issue a permit, he shall do so in writing, stating his reasons for the refusal and shall give a copy of the written refusal to the applicant.

Appeal against refusal.

19(9)

Within six months of receipt of the written refusal, the applicant may appeal to the appeal board against the refusal as provided in section 279

Offence and penalty.

19(10)

Any person who contravenes, disobeys, or violates, or refuses, omits, neglects, or fails to observe, obey, or comply with, any provision of this section is guilty of an offence and is liable, on summary conviction, to a fine of not less than $75.00 or more than $500.00, and, in the discretion of the convicting judge or justice, to cancellation of his permit or to suspension thereof for such term as the judge or justice deems proper; but nothing in this subsection affects the power of the registrar, under section 274, to cancel or suspend the permit.

Condition of vehicle delivered.

20(1)

No dealer shall deliver a motor vehicle to a purchaser other than another dealer or a wrecker unless

(a) the motor vehicle and its equipment is in compliance with this Act and the regulations and he furnishes the purchaser thereof with a certificate in the form prescribed in the regulations certifying that at the time of delivery the motor vehicle is in safe condition to be operated on a highway and that it and its equipment is in compliance with this Act and the regulations; or

(b) he furnishes the purchaser thereof with a certificate in the form prescribed in the regulations certifying that at the time of delivery of the motor vehicle it is not in safe condition to be operated on a highway for reasons specified in the certificate by the dealer, and specifying that the motor vehicle may not be operated on a highway until the repairs or adjustments necessary to restore it to safe condition have been made.

Certificate of condition.

20(2)

The certificate to which reference is made in clause (1) (b) shall contain an undertaking, to be signed by the purchaser when he takes delivery of the motor vehicle, that he will not cause or permit the motor vehicle to be driven on a highway until he first

(a) restores it or causes it to be restored to a safe condition to be operated on a highway;

(b) procures from a qualified mechanic a certificate that the unsafe features of the motor vehicle have been repaired or replaced and that the vehicle is in safe condition to be operated on the highway; and

(c) registers the motor vehicle in accordance with the provisions of section 5.

Offence.

20(3)

No person shall cause or permit a motor vehicle to be driven on a highway in violation of an undertaking given pursuant to subsection (2).

Production of certificate on registration.

20(4)

Every person who purchases a motor vehicle from a dealer shall, at the time of making application for the registration thereof, file with the registrar a copy of the certificate respecting that motor vehicle furnished to him by the dealer under clause (1)(a) or (b).

Certificate of mechanic.

20(5)

Where the certificate filed with the registrar is a certificate of the type prescribed in clause (1)(b), the registrar shall refuse to register the motor vehicle in respect of which the certificate was issued unless and until the person furnishes him with a certificate signed by a qualified mechanic certifying that the unsafe features of the motor vehicle have been repaired or replaced and that the vehicle is in safe condition to be operated on the highway.

Certificate to be appended to dealer's certificate.

20(6)

The certificate referred to in subsection (5) that is required to be signed by a qualified mechanic shall be appended to the certificate issued under clause (1)(b).

Certificate under sec. 327.

20(7)

On and after the date upon which section 327 comes into force in an area designated in the regulations for the purposes of that section, if a certificate of approval has been issued for a motor vehicle under section 327, and dated not more than thirty days prior to the date of sale by the dealer, subsection (1) does not apply to that motor vehicle.

Wreckers selling whole vehicles.

20(8)

No wrecker shall sell entire motor vehicles.

Regulations.

20(9)

The Lieutenant Governor in Council may make regulations prescribing

(a) the form of certificate to be furnished by dealers pursuant to clause (1) (a);

(b) the form of certificate to be furnished by dealers and qualified mechanics pursuant to clause (1)(b), subsections (5) and (6).

Offence.

20(10)

Any person who contravenes, disobeys, violates, or refuses, omits, neglects, or fails to observe, obey, or comply with, the provisions of subsection (1), is guilty of an offence and is liable, on summary conviction, to a fine of not less than $75.00 or more than $500.00; and any person who contravenes, disobeys, violates, or refuses, omits, neglects, or fails to observe, obey, or comply with, any other provision of this section is guilty of an offence and is liable, on summary conviction, for a first offence to a fine of not less than $25.00 or more than $100.00, and for a second or subsequent offence to a fine of not less than $200.00 or more than $500.00.

Application of subsections (1) to (7).

20(11)

Subsections (1) to (7) do not apply to a motor vehicle that may be registered as an antique car under section 333.

RETURNS AND REPORTS BY DEALERS AND WRECKERS

Records of dealers and wreckers.

21(1)

Every dealer and every wrecker shall keep a record of

(a) the motor vehicles bought, sold, wrecked, or otherwise dealt in; and

(b) the second-hand motor vehicle accessories bought or otherwise acquired by him;

and the record shall be in such form, and contain such information, as is prescribed.

Returns by dealers and wreckers.

21(2)

Every such dealer and every wrecker shall make such returns, in such form, to such persons, and at such times, as is prescribed.

Delay in wrecking vehicles.

21(3)

No wrecker shall wreck a motor vehicle or dispose of second-hand motor vehicle parts or accessories within ten days of having acquired the vehicle or accessories.

Report as to defaced identifying marks.

21(4)

Every dealer and every wrecker shall forthwith make a report to the registrar or to a peace officer of any motor vehicle that comes into his possession and the manufacturer's serial number or other identifying mark of which has been obliterated or defaced or is not easily recognized.

Report on stored vehicles.

21(5)

Where a motor vehicle is placed in the possession of a dealer, wrecker, or garage keeper, if the motor vehicle remains in his possession without good reason, he shall forthwith make a report thereof to the registrar.

Investigation of premises.

21(6)

A peace officer may enter any place used in his business by a dealer, wrecker, or garage keeper, and make an investigation and inspection of the premises and of the records required by this section to be kept, as he thinks proper to ascertain whether this Act is being complied with.

Onus of proof.

21(7)

In a prosecution under this section the onus of proof that any return required to be made, was made is upon the accused.

Limitation not applicable.

21(8)

No limitation in this Act or in, or brought into force in the province under or by virtue of, any other Act or law applies to a prosecution for a violation of this section.

RENTING MOTOR VEHICLES

Record of motor vehicles rented.

22

Every person engaged in the business of renting motor vehicles without drivers shall keep a record, to be signed by the person renting it, of each vehicle rented, the identity of the person renting it, the number and particulars of his driver's or chauffeur's licence, the day and time at which the vehicle is rented, and the time it is in the possession of the person to whom it is rented, and such further information as may be required in the regulations; and the record shall be a public record and open to inspection by any person.

Municipal licence for liveries, etc.

23(1)

The council of a municipality may, by by-law, require every person conducting or carrying on an automobile livery, or letting or having motor vehicles, including drive-yourself automobiles and taxicabs, for hire or gain, within the municipality, or using the streets thereof in connection with such a business, to take out an annual licence from the municipality, and to pay a licence fee therefor of such amount as is fixed by by-law for, or in respect of, each motor vehicle so used.

Regulation of livery and taxicab business.

23(2)

The council of a municipality may, by by-law, make rules and regulations for prohibiting, limiting, controlling and regulating any such business or occupation, including, without restricting the generality of the foregoing, the definition of various classes of vehicles, the fixing of rates or tolls to be charged, either by zones, meters or any other method, the creation of zones, the installation and inspection of meters in taxicabs, the powers and duties of inspectors, the placing of insurance for the protection of persons and property, and the location or use of taxicab ranks or stands.

Undertakings by insurers.

23(3)

Any written undertaking signed by an insurer, or its duly authorized agent, whereby the insurer agrees not to cancel a policy of insurance issued by it in respect of a vehicle used or intended to be used for hire or gain within a municipality, except upon ten days' prior written notice to the inspector of licences or other officer of the municipality, is valid and binding on the insurer; and the policy to which reference is made in any such undertaking remains in full force and effect until ten days after such a notice has been given, or until the policy lapses.

PART II

LICENSING OF DRIVERS

Driver's licence required.

24(1)

Subject to subsection (2), every person shall, before driving a motor vehicle of any class on a highway, obtain a driver's licence of a class authorizing the operation of that class of motor vehicle as prescribed in the regulations, and issued under this Act and the regulations for the then current licence period and pay therefor the prescribed fee and such insurance premium for a certificate of insurance as prescribed in the regulations under The Manitoba Public Insurance Corporation Act.

Motorcycle operator's licence.

24(2)

Every person shall, before operating a motorcycle on a highway, obtain a licence of a class authorizing the operation of a motorcycle; but where the applicant for such a licence already holds a licence of another class issued as provided in subsection (1), the registrar, in lieu of issuing a separate licence, may endorse on the licence issued to the applicant a notation authorizing the operation of a motorcycle and, in such a case, no additional fee is payable.

Licence required to operate moped.

24(3)

Every person shall, before operating a moped on a highway, obtain and have in his possession a valid and subsisting driver's licence of class 1 to 6, or a class of licence with a motorcycle learner's licence.

Licence required to operate mobility vehicle.

24(4)

Every person shall, before operating a mobility vehicle, have in his possession a valid and subsisting driver's licence of class 1 to 5 or class 7.

Inclusion of motorcycle operator's licence.

24(5)

Wherever in this Act there is a provision referring to a driver's licence, unless the context otherwise indicates or it is specifically otherwise stated, the provision shall be deemed to apply also to a motorcycle operator's licence.

Restricted licences.

24(6)

The registrar may issue a restricted driver's licence of any class

(a) authorizing the licensee to drive only a motor vehicle of a specific kind or type, or equipped in a manner, described in the licence; or

(b) setting out such other restrictions applicable to the licensee as the registrar or appeal board may prescribe.

Probationary licences.

24(7)

Where the registrar issues a licence to a person

(a) who has not held a licence issued in Manitoba or by a competent authority outside Manitoba for at least one year within the five years immediately preceding the issue of the licence; or

(b) who

(i) has held a probationary licence issued under this section which was cancelled under subsection (13), and

(ii) has not held a licence issued under this subsection for a continuous period of one year;

in addition to any restrictions, conditions, or limitations which the registrar may impose under subsection (6), the registrar shall make the licence subject to the condition that it is probationary for a period of one year.

Endorsement of restrictions.

24(8)

Where the registrar issues a licence under subsection (6) or (7), he shall endorse thereon a notation clearly indicating the restrictions, conditions, or limitations subject to which it is issued.

Restrictions on issue of licence.

24(9)

The registrar shall not issue

(a) a driver's licence of any class to a person under the age of sixteen years;

(b) a driver's licence of class 1, 2, 3 or 4 to a person under the age of eighteen years;

(c) a driver's licence of any class

(i) to a person whose licence has been cancelled, unless the registrar is satisfied that the person is a fit and proper person to hold a licence of the class being issued, or

(ii) to a person whose licence has been suspended during the suspension, or

(iii) to a person who is a mentally disordered person within the meaning of The Mental Health Act or who is suffering from alcoholism and that condition is not under control, or

(iv) to a person who declines or fails to take any examination that he is required to take under this Act.

Form of refusal of licence.

24(10)

Where, under this section, the registrar refuses to issue a licence, he shall do so in writing, stating his reasons for the refusal, and shall give a copy of the written refusal to the applicant.

Appeal against refusal.

24(11)

Within six months of receipt of the written refusal, the applicant may appeal to the appeal board against the refusal as provided in section 279.

Temporary validity of licence from outside province.

24(12)

Notwithstanding any other provisions of this section, a person who has become a resident of the province, and who holds a valid and subsisting licence, permit or other document that authorizes him to drive or operate any class of motor vehicle, and that was issued by a competent authority outside Manitoba, may drive or operate a motor vehicle of that class, for a period of 3 months after he becomes a resident, without obtaining a driver's licence as herein required.

Cancellation of probationary licence.

24(13)

Where a person to whom a licence is issued under subsection (7) is convicted of an offence

(a) relating to the operation of a motor vehicle while in motion, other than an offence relating to equipment, weight or dimensions;

(b) under

(i) the Criminal Code (Canada), or

(ii) the Young Offenders Act (Canada), or

(iii) this Act, and

(c) committed within the period during which the licence is probationary; unless otherwise ordered by the registrar, the licence shall be cancelled for such period not exceeding 1 year, as the registrar may determine.

Issuance of learner's licence to person under 16.

25(1)

Notwithstanding clause 24(9)(a), the registrar may issue a learner's licence to a person who

(a) is less than 16 years old but not less than 15 years and 6 months of age;

(b) is enrolled as a student in a high school driver education course and has completed at least 8 hours of classroom instruction in that course; and

(c) resides in such area or part of the province as may be designated by the Lieutenant Governor in Council.

Designation of areas by L.G. in C.

25(2)

The Lieutenant Governor in Council may designate the areas or parts of the province to which subsection (1) applies.

Learner to be accompanied by instructor, parent or guardian.

25(3)

The holder of a learner's licence issued under subsection (1) may operate a Class 5 motor vehicle upon a highway only when accompanied

(a) by an instructor of a driver education course offered by a high school at which the learner is taking the course; or

(b) by a parent or guardian of the learner who holds a valid and subsisting driver's licence and who has at least a year of driving experience;

and the person who accompanies the learner is occupying the seat beside the learner.

INSTRUCTION PERMITS

Issue of instruction permit.

26(1)

After an applicant for a driver's licence has passed all parts of any examination he is required to take under this Act, other than the driving test, and has paid the prescribed fee therefor, the registrar may, in his discretion, issue a learner's licence, enabling the licensee, while having that licence in his immediate possession,

(a) to drive a motor vehicle, other than a motorcycle, mobility vehicle or moped, upon a highway when accompanied by a licensed driver who holds a class of licence authorizing him to operate the class of motor vehicle being driven by the driver and who has had at least 1 year of driving experience in that class of vehicle and who is occupying a seat beside the driver; and

(b) to operate a motorcycle, mobility vehicle or moped upon the highway for a period of not more than 2 months if

(i) he does not carry any passenger on the motorcycle, mobility vehicle or moped, and

(ii) he complies with any other conditions prescribed by the registrar.

Renewal of motorcycle, mobility vehicle or moped instruction permit.

26(2)

A learner's licence to operate a motorcycle, mobility vehicle or moped may be renewed on request for a further period of 2 months; and thereafter it may be renewed, with the consent of the registrar, for one further period of 2 months.

Condition of learner's licence and instruction permit.

26(3)

A person holding a learner's licence or a motorcycle, mobility vehicle or moped instruction permit issued to him under subsection (1) who does not hold a licence of any other class of licence shall comply with the conditions set out in subsection (1).

Further restrictions.

26(4)

The registrar may issue a restricted learner's licence or a restricted motorcycle, mobility vehicle or moped instruction permit

(a) authorizing the holder thereof to drive only a motor vehicle of a specific kind or type, or equipped in a manner described in the licence or permit; or

(b) setting out such other restrictions applicable to the holder as the registrar may prescribe.

Compliance with conditions.

26(5)

A person holding a learner's licence or motorcycle, mobility vehicle or moped instruction permit issued under subsection (1) who does not hold a driver's licence of any other class shall not drive a motor vehicle other than one that the learner's licence authorizes him to drive, and shall observe and conform to the instructions, conditions and limitation, if any, set out in the learner's licence or motorcycle, mobility vehicle or moped instruction permit.

APPLICATION - REQUIREMENTS

Form of application for licence.

27(1)

Every person applying for a licence or permit of any class of licence shall apply in a form prescribed by the registrar and shall pay, to the registrar, the prescribed fee and such insurance premiums for a certificate of insurance and surcharge in respect thereof, as is prescribed in the regulations under The Manitoba Public Insurance Corporation Act.

Particulars of licence.

27(2)

Every licence shall bear the date of its issue, the date of birth of the licensee and the distinguishing number assigned to the licensee, and shall contain his name and the address of his place of residence and also a space for his signature; and every licence shall be signed by the licensee with pen and ink in the space provided for that purpose.

Proof of age.

27(3)

The registrar may require a person applying for a licence of any class of licence to produce for inspection an official birth certificate, or other proof of the date of his birth satisfactory to the registrar.

Documents as proof of identity.

27(4)

A person who applies for a driver's licence for the first time in Manitoba shall produce to the registrar such documents as may be prescribed by the regulations, as proof of his identity.

Change of name or address.

27(5)

Where a licensee changes his name under The Change of Name Act, by marriage, or otherwise, or changes his place of residence, he shall within fifteen days thereafter cause to be filed with the registrar, in a manner prescribed by him, a notice of the change and of his new name or new address.

Declaration by applicant.

27(6)

On an application for a licence of any class of licence the applicant shall make a declaration in the prescribed form as to whether or not he is competent to drive a motor vehicle, and whether or not he is suffering from any disease or physical disability that would be likely to cause the driving by him of a motor vehicle to be a source of danger to the public, and as to whether he possesses a subsisting licence, permit, or other document authorizing him to drive a motor vehicle and issued to him by a competent authority outside Manitoba.

Where medical report required.

27(7)

Every applicant for a class of licence designated in the regulations for the purposes of this subsection shall at the time of making his initial application for that class of licence and at such intervals thereafter as may be prescribed in the regulations, furnish to the registrar a medical report from a duly qualified medical practitioner.

Refusal of licence to incompetent.

27(8)

Subject to subsection (9), if from the declaration or otherwise, it appears that the applicant is not competent to drive or is suffering from any disease or disability that would be likely to cause the driving by the applicant of a motor vehicle to be a source of danger to the public, the registrar shall refuse to grant the licence or permit.

Test for rejected applicant.

27(9)

An applicant for a licence of any class of licence to whom a licence or permit has been refused, except in the case of such diseases and disabilities as may be prescribed, may claim to be subjected to an examination as to his competency or as to his fitness or ability to drive a motor vehicle and, if he passes the prescribed examination and is not otherwise disqualified, the licence or permit shall not be refused by reason only of subsection (8).

Issuance of duplicate licence.

27(10)

Where a person is the holder of a valid and subsisting licence of any class and the licence is lost or destroyed, the person may apply to the registrar for a duplicate of the licence; and the registrar may issue the duplicate licence to the person if the person pays the prescribed fee therefor and furnishes proof satisfactory to the registrar

(a) that the licence was in fact lost or destroyed; and

(b) that he is the person to whom the lost or destroyed licence was issued.

Return of duplicate licence.

27(11)

Where a person obtains a duplicate licence pursuant to subsection (10) and subsequently finds his original licence, he shall forthwith return the duplicate licence to the registrar.

Production of licence.

27(12)

A driver shall carry his licence while driving a motor vehicle, shall keep it clean and legible, and shall produce and display it to a peace officer, the registrar, a justice, or other person entitled to its production under this Act, when required to do so by any of them.

Requirement of medical report.

28(1)

The registrar may require a person

(a) to whom a licence has been issued under section 24; or

(b) to whom a learner's licence has been issued under section 26; or

(c) who has applied for a licence under section 24 or a learner's licence under section 26;

to produce a report from a duly qualified medical practitioner stating that the medical practitioner has thoroughly examined the person and whether or not the person meets the medical standards prescribed in the regulation; and where the registrar has reason to believe that the person is an alcoholic or has an alcohol related problem, he may require the person to produce a report from any recognized agency engaged in the diagnosis or treatment of persons suffering from alcoholism.

Temporary suspension or refusal.

28(2)

Pending the production of a report under subsection (1), the registrar may without a hearing, by his order, suspend the licence or permit of the licensee or permittee, or may refuse to issue a licence or permit to the applicant.

Appeal of suspension to medical review committee.

28(3)

Where the licence or permit of a licensee or permittee is suspended by the registrar under subsection (2), the licensee or permittee may not later than 30 days after the date of the suspension, appeal the suspension to the medical review committee.

Statement of reason for temporary suspension or refusal.

28(4)

Where, under subsection (2), the registrar refuses to issue a licence or permit, or suspends a licence or permit, he shall do so in writing stating that the refusal or suspension is made pending the receipt of the report required under subsection (1).

Cancellation of licence.

28(5)

Where

(a) a person who is required to produce a report under subsection (1) fails or refuses to produce the report within such time as he was allowed by the registrar to produce the report; or

(b) produces the report as required under subsection (1) which shows that the person does not meet the medical standards prescribed in the regulations; the registrar shall cancel the licence of the person or refuse to grant the application of the person, as the case may require, and no appeal lies from the cancellation or refusal.

Limitation on further application.

28(6)

Where a licence or permit is cancelled or an application is refused under subsection (5), no application, or further application, for such a licence or permit shall be made unless the applicant produces a report under subsection (1).

Fees for examination.

29(1)

For each attempt to pass an examination the applicant, or person required to pass the examination, shall pay therefor the prescribed fee.

Consent to further attempts.

29(2)

A person who has on four occasions failed to pass any examination that he is required to take under this Act is not entitled thereafter, without the written consent of the registrar, to attempt to pass the examination.

Restriction on issue of licences to minors.

29(3)

Neither a driver's licence nor a learner's licence shall be issued to a person under eighteen years of age unless the application therefor has been approved and signed

(a) by the father and mother of the applicant; or

(b) if either his father or his mother is dead or the registrar is satisfied that it is not practicable or not desirable to obtain the approval and signature of both of them, by either his father or his mother; or

(c) if both his father and his mother are dead or if the registrar is satisfied that the approval and signature of neither of them should be required, by his legal guardian; or

(d) in a case to which clause (c) applies, if the applicant has no legal guardian, by his employer, if any, or by any other person deemed by the registrar to be a responsible and suitable person.

Authorized examiners.

29(4)

The minister may authorize a person to administer examinations to applicants for any class of licence, required by the Act to be taken, or to persons required by the registrar to pass examinations, and may define the duties and powers of the person so authorized; and, where a salary is not otherwise provided, may fix the fee to be retained by the person authorized for each examination administered by him.

Cancellation of licence issued to minor.

30

The registrar, on the written request of a person who has approved and signed an application by a minor pursuant to subsection 29(3) shall cancel the licence issued to the minor.

Application of subsec. (2).

31(1)

Subsection (2), as the Lieutenant Governor in Council by order directs, applies

(a) with respect to the whole province or to such part thereof as may be described in the order; and

(b) on and after such date as may be fixed in the order.

Examination before issue of licence.

31(2)

Subject to subsections (3) and (4), after the date fixed pursuant to clause (1)(b) the registrar shall not issue a licence of any class of licence

(a) to a person who resides in a part of the province to which this subsection applies; or

(b) to any person, if this subsection applies to the whole province;

unless that person passes an examination required by the registrar.

Exemption from exam.

31(3)

Where an applicant for a licence of any class, other than a learner's licence or permit, holds a valid driver's licence or permit authorizing him to drive the same class of motor vehicle as the class of licence for which he is applying, and issued to him by the competent authority in another province or territory of Canada, or any state of the United States of America, the registrar may exempt the applicant from all or part of the examination he would otherwise be required to pass, and may, upon the applicant complying with subsection 33(2) issue to him a licence of the class for which application was made.

Registrar may issue licence.

31(4)

The registrar may issue a licence of any class of licence to any person without requiring him to pass an examination, if that person has not allowed his licence to lapse for more than 4 consecutive years from the end of the last licence period for which he held a valid and subsisting licence of the same class for that period, or has previously passed an examination that satisfies the registrar that he is qualified to operate a motor vehicle.

Refusal to issue without examination.

31(5)

The registrar may, in his absolute discretion, refuse to issue a licence of any class of licence to any person unless that person passes an examination as provided in subsection (2).

Further examination.

31(6)

The registrar may require any person who holds a licence of any class of licence, or whose licence has been suspended to pass an examination as provided in subsection (2), or a further such examination, within such time as the registrar may prescribe or before the licence under suspension is renewed, as the case may be; and, if the person fails to pass the examination, the registrar shall cancel the licence issued to him or refuse to renew the licence.

Temporary licence.

31(7)

Notwithstanding subsection (6), the registrar may issue a temporary licence for a period not exceeding 24 hours subject to such conditions or restrictions as he may prescribe.

Particulars of examination.

31(8)

An examination which any person is required to pass pursuant to this section shall include

(a) a test of the person's eyesight, his ability to read and understand highway signs regulating, warning, and directing traffic, his knowledge of the laws respecting highway traffic in force in the province and in any municipality; and

(b) a test of the person's ability to exercise ordinary and reasonable control in the operation of a motor vehicle on a highway;

and a person required to pass the examinations mentioned in clauses (a) and (b) shall meet standards prescribed in the regulations in respect of each class of licence.

Defensive or performance driving courses.

31(9)

Where under subsection (6), the registrar may require a person to pass an examination, he may, in lieu thereof, require the person to attend a defensive or performance driving course and, upon production to the registrar of a certificate issued by the authority administering the defensive or performance driving course stating that the person has attended and successfully completed a defensive or performance driving course, the registrar may exempt the person from all or part of the examination he would otherwise be required to pass; but where the authority administering the defensive or performance driving course will not issue a certificate stating that the person has attended and successfully completed the defensive or performance driving course, the registrar shall cancel the drivers licence of the person.

Exemption from driving test for chauffeurs.

31(10)

Notwithstanding subsection (8), where a person who holds, or has held, a chauffeur's licence during the year immediately preceding his application applies for a licence of class 1, 2, 3 or 4, if the registrar is satisfied as to the ability and competency of the applicant to operate safely the type or kind of motor vehicle the operation of which is authorized by the class of licence for which he has applied, the registrar may exempt the applicant from the practical driving test.

Exemption from driving test for special employees.

31(11)

Notwithstanding subsection (8), where a person who does not hold or has not held a chauffeur's licence during the year immediately preceding his application applies for a licence of class 1, 2, 3 or 4, if the registrar receives a certificate from an employer who has, in the opinion of the registrar, an adequate training course designed to train persons in the safe and proper method of operating motor vehicles of the type or kind authorized to be operated by the class of licence for which the application is made, certifying on a form prescribed in the regulations that the applicant has satisfactorily completed the training course and has passed a practical driving test administered in the type or kind of vehicle authorized to be driven by the class of licence for which the application is made, the registrar may exempt the applicant from the practical driving test.

Issue of lower class of licences.

31(12)

Notwithstanding any other provision of this Act, where a person holds or has held a licence of any class which has been suspended or cancelled for his inability to meet any standards or requirements prescribed under the regulations for that class of licence, if the registrar is satisfied that the person meets the standards and requirements prescribed by the regulations for a lower class of licence, he may issue that lower class of licence to the person.

LICENCE PERIOD

Licence period.

32(1)

The licence period for a licence of any class of licence shall be a period beginning

(a) on the first day of the month immediately following the end of the month during which the anniversary of the date of birth of the licensee occurs; or

(b) on the date of issue thereof;

whichever is the later and ending on the last day of the month during which the next succeeding anniversary of the date of birth of the licensee occurs; but, where a person applies for a new licence of any class of licence, or for a renewal thereof, within one month before the anniversary of his date of birth, the licence may be issued for a period not exceeding fourteen months beginning on the date of issue thereof and ending on the last day of the month, in the next succeeding year, during which the anniversary of his date of birth occurs.

Extension of licence period.

32(2)

Notwithstanding any other provision of this Act, the Lieutenant Governor in Council may, by order, extend for a period not exceeding three months, all or some of the licences issued for any licence period.

NON-RESIDENT DRIVERS AND CHAUFFEURS

Driving by non-residents without licence.

33(1)

A non-resident

(a) who has complied with the law of his place of residence relating to the licensing of drivers;

(b) who is sixteen years of age or over;

(c) who does not reside or carry on business in the province for more than three consecutive months in any year or who is a member of NATO Forces personnel; and

(d) who holds a valid licence of any class or permit issued by a competent authority in the territory in which he permanently resides;

may drive in the province without holding a licence issued under this Act any motor vehicle of the class or type that he is authorized to drive under the licence or permit which he holds.

Delivery of licences issued outside Manitoba.

33(2)

An applicant for a licence of any class of licence who possesses a subsisting licence, permit, or other document, authorizing him to drive a motor vehicle and issued by a competent authority outside Manitoba, shall deliver it to the registrar before any licence is issued to him.

Driving by students with licences from outside Manitoba.

33(3)

Notwithstanding subsection (1), a student temporarily residing in the province for the purpose of attending, on a full time basis, a university, college or technical school in the province, who has complied with the law relating to the licensing of drivers in the place of his usual residence, and who has in his possession a valid and subsisting driver's licence issued to him in the jurisdiction in which he usually resides may

(a) if the licence was issued to him in Canada or the United States of America; or

(b) if the licence was issued to him in a country other than Canada or the United States of America upon satisfying such conditions as may be imposed by the registrar and upon receiving the written approval of the registrar;

drive a motor vehicle in the province without being licensed under this Act during the period that the student is attending the university, college or technical school.

SCHOOLS OF INSTRUCTION

Permit for driving school.

34(1)

No person shall operate or carry on a school for the instruction of persons in the proper methods of operating motor vehicles of a particular class unless he holds a valid and subsisting permit to operate such a school issued by the registrar under the regulations.

Instructors to have permit.

34(2)

No person to whom a permit has been issued under subsection (1)

shall knowingly permit a person employed by him to give instruction to any other person in the proper methods of operating motor vehicles of a particular class unless the person giving instruction holds a valid permit for such instruction issued under the regulations.

Permit required for instructors.

34(3)

No person shall

(a) for hire or remuneration or for the hope or expectation thereof; or

(b) as an employee for a school to which reference is made in subsection (1); instruct, or hold himself out as an instructor of, persons in the proper methods of operating motor vehicles of a particular class, unless he holds a valid permit for such instruction issued under the regulations.

Offence and penalty.

34(4)

Any person who contravenes, disobeys, or violates, or refuses, omits, neglects, or fails to observe, obey, or comply with any provision of this section is guilty of an offence and is liable, on summary conviction, to a fine of not less than $50.00 or more than $300.00, in addition to any cancellation or suspension of permit imposed by the registrar under section 274.

PART III

EQUIPMENT DIMENSIONS AND WEIGHT OF VEHICLES

MINIMUM LIGHTING EQUIPMENT REQUIRED

Lighting equipment of vehicles.

35(1)

Subject to section 36, to subsection (7) and to section 149, every vehicle shall, at all times while it is upon a highway, be equipped with lamps and other equipment in good working order as in this section provided, namely:

(a) Every motor vehicle other than a motorcycle and every tractor, self-propelled implement of husbandry and special mobile machine shall carry

(i) at least two, but not more than four, headlamps, an equal number of which shall be on each side of the front of the vehicle and each of which shall cast a white light only,

(ii) at least one lamp, and, where the motor vehicle is, or has been advertised to be, a motor vehicle of the model or make of the year 1968 or of any subsequent year, at least two lamps, which, or each of which, shall cast a red light to the rear of the vehicle, and

(iii) a lamp or lamps, which may be the lamp or lamps required under sub-clause (ii) and which, or one or more of which, illuminates with a white light the rear number plate of the vehicle, if any.

(b) Every motor vehicle other than a tractor or a moped shall carry a "stop" signal lamp so constructed and placed at the back of the vehicle as to show a "stop" light, red in colour.

(c) Subject to subsection (10),

(i) every motor vehicle shall carry at the front and the back thereof, and

(ii) every trailer shall carry at the back thereof, lamps that may be lighted intermittently or in flashes as a signal that the vehicle is about to be turned to the right or the left according as the lamps are lighted on the right or the left side of the front and rear of the vehicle; and any such lamp that is affixed to the back of the vehicle shall cast a red or amber light and any such lamp that is affixed to the front of the vehicle shall cast a white or amber light.

(d) Every motorcycle and moped shall, in lieu of the lamps required under sub-clauses (a)(i) and (ii), carry one or two headlamps only and one lamp at the back of the motorcycle, which lamps shall conform to the requirements for the lamps required under clause (a), and the lamp at the back of the motorcycle or moped shall illuminate the number plate thereon as in the case of a lamp to which sub-clause (a) (iii) applies.

(e) Every motor vehicle, except a motor vehicle of the passenger car type, having a width, inclusive of the load thereon, in excess of 2.05 metres at any part thereof shall, in addition to the lamps required under clauses (a), (b), and (c), carry at least four clearance lamps in a conspicuous position and, subject as herein provided, as near the top as practicable,

(i) one of which shall be placed on each side of the front of the vehicle and shall cast only a green or amber light forward,

(ii) one of which shall be placed on each side of the back of the vehicle and shall cast only a red light rearwards, and

(iii) at least one of which shall be placed on that part of the vehicle that projects farthest to the right thereof, and at least one of which on that part of the vehicle that projects farthest to the left thereof, and

(iv) of which the lamps to which sub-clause (iii) applies shall cast only a green or amber light forward and only a red light rearward.

(f) Where a motor vehicle has a trailer attached, if the combined vehicles have a width, inclusive of the load thereon, in excess of 2.05 metres at any part thereof, they shall carry the lamps required under clause (e) and placed and casting lights as in that clause required, as if the combined vehicles were one vehicle.

(g) Every trailer attached to a motor vehicle, or if more than one is so attached, the rearmost of them, shall carry at the back thereof

(i) at least one lamp which or each of which shall cast a red light to the rear of the vehicle, and

(ii) a "stop" signal lamp, as described in clause (b).

(h) Every trailer or other vehicle attached to a tractor, or, if more than one, the rearmost of them, shall carry at the back thereof the lamp or lamps mentioned in clause (g).

(i) Every vehicle in respect of which no other provision is made in this subsection shall carry at the back thereof, or at the back of any other vehicle that may be attached thereto,

(i) a reflector which shall be so placed as to be illuminated by the lights of any vehicle approaching from the rear and shall cast a red reflection, or

(ii) a lamp casting a red light.

(j) Where a vehicle is being towed on a highway at a time when, under subsection (11), lamps on vehicles are required to be lighted,

(i) if it is being towed by an animal and has a width, inclusive of the load thereon, in excess of 2.05 metres at any part thereof, or

(ii) if it is being towed by another vehicle and has a width equal to or greater than the vehicle towing it, it shall carry at least four clearance lamps or reflectors in a conspicuous position,

(iii) one of which shall be placed at each side of the front of the vehicle and shall cast or reflect only a green or amber light forward,

(iv) one of which shall be placed on each side of the back of the vehicle and shall cast or reflect only a red light rearwards,

(v) at least one of which shall be placed on that part of the vehicle that projects farthest to the right thereof, and at least one of which on that part of the vehicle that projects farthest to the left thereof, and (vi) of which the lamps or reflectors to which sub-clause (v) applies shall cast or reflect only a green or amber light forward and only a red light rearward.

(k) In addition to the lamps required under clause (d), every moped shall carry on the back thereof one reflector, having a diameter of not less than 75 millimetres, and which shall be so placed as to be illuminated by lights of a vehicle approaching from the rear and shall cast a red reflection visible under normal atmospheric conditions from a distance of 150 metres.

(l) Where an implement of husbandry or special mobile machine is towed on a highway at a time when under subsection (11) lamps on vehicles are required to be lighted, the implement or mobile machine, as the case may be, shall display

(i) at least one amber reflector visible to the front and positioned to indicate, as nearly as practicable, the extreme left projection of the implement or mobile machine, and

(ii) at least 2 red reflectors visible to the rear and mounted to indicate, as nearly as practicable, the extreme left and extreme right projection of the implement or mobile machine.

Strength of lamps.

35(2)

The lamps required under sub-clauses (a) (i) and (ii) and clauses (1)(c), (d), (e), (f), (g), and (h) shall be of such kind and so constructed that the lamps, when lighted, cast a light visible under normal atmospheric conditions from a distance of 150 metres.

Strength of headlamps.

35(3)

Subject to subsection 36(1), the headlamps of every motor vehicle shall be so constructed, arranged and adjusted that they will, under normal atmospheric conditions and on a straight and level road and under any condition of loading, produce at all times when lamps are required to be lighted under subsection (11) a driving light sufficient to render clearly discernible to the driver of the motor vehicle any person or vehicle in front of the vehicle on the highway within a distance of 110 metres.

Headlamps to comply with regulations, etc.

35(4)

The headlamps of every motor vehicle that has been manufactured on or after the first day of January, 1971, shall comply with any standards of specifications for headlamps prescribed under the regulations, or prescribed under regulations made under the Motor Vehicle Safety Act (Canada), as those regulations are heretofore or hereafter amended from time to time.

Strength of certain rear lamps.

35(5)

The lamps at the back of a motor vehicle, trailer, or other vehicle, required under clause (1) (a), (g), or (h) shall be of at least three candle power.

Strength of "stop" lamps.

35(6)

The "stop" signal lamp required, under clause (1)(b) or (g), to be carried by a motor vehicle or trailer shall, when operated, cast a red "stop" light that is plainly visible in normal sunlight from a distance of 30 metres in rear of the vehicle; but it shall not cast a glaring or dazzling light.

Lamp equipment on tractors, implements of husbandry and special mobile machines.

35(7)

A tractor, self-propelled implement of husbandry or special mobile machine is required to be equipped as set out in clause (1)(a) only if it is upon a highway at a time when, under subsection (11), lamps on vehicles are required to be lighted.

Lamps and reflectors on other vehicles.

35(8)

The lamp or reflector required, under clause (1)(i) or (j), to be carried by certain vehicles shall be of such a kind and so constructed that, under normal atmospheric conditions, the lamp when lighted, or the reflector, casts or reflects, as the case may be, a light visible from a distance of 150 metres in the rear of the vehicle.

Size of reflectors.

35(9)

The reflectors required under clauses (1)(i) and (j), and under clause 149(1)(b), shall be of a type approved by the traffic board and

(a) those required under clauses (1)(i) and (j) shall be not less than 75 millimetres in diameter; and

(b) that required under clause 149(1) (b) shall be not less than 35 millimetres in diameter.

Application of clause (1)(c).

35(10)

Clause (1)(c) does not apply to a motor cycle of the model or make of the year 1974 or earlier, or to a moped.

When lamps required to be lighted.

35(11)

The lamps carried on a vehicle pursuant to clause (1)(a), (d), (e), (f), (g), (h), (i), or (j), or pursuant to clause 149(1) (a), shall be lighted when the vehicle is on a highway one-half hour before sunset and one-half hour after sunrise and at any other time when there is not sufficient light to render clearly discernible a person on a highway at a distance of 60 metres ahead; and the driver or operator of the vehicle shall cause the lamps to be lighted as herein required.

Lamps to be lighted during operation.

35(12)

Notwithstanding subsection (11), the lamps required on a moped or mobility vehicle under clause (1)(d) shall be lighted at all times when the moped or mobility vehicle is being operated on a highway.

Responsibility of owners.

35(13)

The owner of every vehicle that is at any time upon a highway shall cause it to be equipped as required under this section.

Lamps on towed equipment.

35(14)

Every piece of equipment being towed by a motor vehicle on a highway, other than on a portion of a highway to which subsection 77(7) applies, or, if more than one piece of equipment is being so towed, the rearmost of them, if it is being towed at a time when, under subsection (11), lamps on vehicles are required to be lighted, shall carry at the back thereof

(a) at least one lighted lamp, which or each of which shall cast a red light clearly visible under normal atmospheric conditions from a distance of 150 metres; and

(b) a "stop" signal lamp as described in clause (1)(b);

but clause (1)(j) does not apply to a piece of equipment to which this subsection applies.

Lamps on repair vehicles.

35(15)

A motor vehicle that is used by a repairer or a person engaged in the business of towing vehicles, or in connection with, the making of repairs to, or the removal of, damaged or disabled motor vehicles, whether or not equipped with a crane or like permanent fixture to facilitate the removal of such vehicles, shall be equipped with a lamp on the top thereof, clearly visible from all directions, under normal atmospheric conditions, from a distance of 150 metres and showing a light that is amber or yellow in colour and has a flashing or oscillating beam.

Lamps on special mobile vehicles.

35(16)

A special mobile machine or other vehicle owned or operated by the government or a municipality and being used in snow removal operations shall be equipped with one or more lamps

(a) which, if there is only one, shall show a blue or amber light; and

(b) some of which, if there are two or more, shall show a blue light and some of which shall show an amber light;

and the lamps, in either case, shall have a flashing or oscillating beam and shall be of such size, candle power, and design as may be approved by the traffic board.

Lamps on special government or municipal vehicles.

35(17)

A special mobile machine or other vehicle owned or operated by the government or a municipality and being used in the maintenance or construction of roads may be equipped with a lamp or lamps which show an amber light, and the lamp or lamps shall have a flashing or oscillating beam and shall be of such size, candle power, and design as may be approved by the traffic board.

Warning lights on farm tractors etc.

35(18)

Every farm tractor and every self-propelled implement of husbandry, when operated on a highway at a time when under subsection (11) lamps are required to be lighted shall

(a) be equipped with 2 amber flashing lamps or one amber oscillating lamp visible at a distance of at least 60 metres from both front and rear of the tractor or the implement of husbandry, as the case may be; or

(b) notwithstanding subsection 37(14), be escorted by a pilot motor vehicle displaying the flashing emergency lamps required under that subsection, travelling not more than 30 metres to the rear of the tractor or implement of husbandry and by a pilot motor vehicle travelling not more than 30 metres to the front of the tractor or implement of husbandry.

Lighting equipment on newer type of vehicles.

36(1)

Every motor vehicle upon a highway at any time when under subsection 35(11), lamps on vehicles are required to be lighted may carry in a conspicuous position such lighted headlamps as are in this subsection required instead of the headlamps required under section 35, and shall also carry such other lamps as are required in this subsection:

(a) Each motor vehicle to which this subsection applies shall carry at least two, but not more than four, headlamps an equal number of which shall be on each side of the front of the vehicle.

(b) Each of the headlamps required under clause (a) shall be so constructed that it conforms to clause (c) and casts a white light only, clearly visible under normal atmospheric conditions at a distance of 150 metres in front of the vehicle.

(c) Each of the headlamps required under clause (a) shall be so constructed that

(i) there shall be an upper most distribution of light or composite beam (hereinafter called "the high beam"), so aimed, and of such intensity, as to reveal, under normal atmospheric conditions, persons and vehicles at a distance of 110 metres ahead under any condition of loading of the motor vehicle, and

(ii) there shall be a lower most distribution of light or composite beam (hereinafter called "the low beam"),

(A) so aimed, and of such intensity, as to reveal, under normal atmospheric conditions, persons and vehicles at a distance of 30 metres ahead under any condition of loading of the motor vehicle, and

(B) so placed that, on a straight level road and under any condition of loading of the motor vehicle, not any of the high intensity portion of the low beam strikes the eyes of the driver of an approaching vehicle.

(d) In every case the headlamps required, or permitted, under this section shall comply with any standards or specifications prescribed under the regulations, or prescribed under regulations made under the Motor Vehicle Safety Act (Canada), as those regulations are heretofore or hereafter amended from time to time.

Beam indicator.

36(2)

Every motor vehicle equipped as provided in subsection (1) other than a motorcycle shall also be equipped with an electric beam indicator

(a) so contrived that it is automatically illuminated when the high beam is in use and at no other time; and

(b) so placed on the inside of the vehicle that when it is illuminated it is clearly visible, without glare, to the driver thereof.

Intensity of headlamp of moped or mobility vehicle.

36(3)

Notwithstanding clause (1)(c) or subsection 35(3), every moped or mobility vehicle shall be equipped with one headlamp of such intensity, and so aimed as to reveal, under normal atmospheric conditions, persons and vehicles within a distance of 30 metres ahead, under any conditions of loading of the moped.

MAXIMUM LIGHTING EQUIPMENT PERMITTED

Parking lamps.

37(1)

A motor vehicle to which clause 35(1) (a) applies may carry, in addition to the lamps required by that clause, on each side of the front of the vehicle a lamp of not more than four candle power of the type commonly known as "a parking lamp".

Alternative lamps.

37(2)

A vehicle, when standing upon a highway at a time when, under subsection 35(11), lamps thereon are required to be lighted may, in lieu of the lighted lamps required, under section 35, to be displayed, carry a lighted lamp or lamps on the left side of the vehicle, of such a kind and so constructed that the light cast thereby

(a) is clearly visible, under normal atmospheric conditions, from in front of and behind the vehicle at a distance of 150 metres therefrom; and

(b) is white, amber, or green only in colour when seen from in front of the vehicle and red only in colour when seen from behind the vehicle.

Strength of lamps under subsec. (2).

37(3)

A lamp to which reference is made in subsection (2) shall not be of more than four candle power; and, in the case of a motor vehicle, shall not be displayed while the vehicle is in motion.

Ditch lamp.

37(4)

A motor vehicle may be equipped with one stationary lamp of the kind commonly known as a ditch lamp which

(a) shall be fixed on the right side of the front of the vehicle so that no part thereof is higher than the lowest part of the headlamps; and

(b) when the motor vehicle is being driven upon a highway shall be adjusted so that

(i) the rays of light from the lamp are directed to the extreme right of the roadway, and

(ii) no beam of light therefrom strikes that portion of roadway more than 25 metres ahead of the vehicle.

Turning signal lamps.

37(5)

Any motor vehicle may carry turning signal lamps.

Special permits.

37(6)

A motor vehicle may be equipped with lighting equipment prohibited under clauses 38(1) (a) and (b) if the owner thereof has, upon written application, obtained from the registrar a permit for the purpose specifying the lighting equipment authorized thereby, and stating the conditions, if any, under which it may be used; but the registrar may issue the permit only if, in his absolute discretion, he is satisfied

(a) that the circumstances in which the lighting equipment applied for is required are of such a special and unusual character that it is not in the public interest to refuse to issue the permit; and

(b) that the owner of the vehicle will use the lighting equipment, or cause it to be used, with due regard to the public safety.

Special lighting for construction and repair vehicles.

37(7)

A motor vehicle

(a) that is used for construction of or making repairs to public utilities as defined in The Public Utilities Board Act; or

(b) that is used in emergency situations or under conditions that create a hazard to other persons;

may be equipped with lighting equipment prohibited under clause 38(1)(c) if the owner thereof has, upon a written application, obtained from the registrar a permit for the purpose specifying the lighting equipment authorized thereby and stating the conditions, if any, under which it may be used; but the registrar shall not issue under this subsection a permit for the use of lighting equipment that casts a red light.

School bus lighting systems.

37(8)

Subject to subsection (14) every school bus, and motor vehicle used as a school bus, shall be equipped with

(a) a 4 flashing lamp system casting a red light, 2 of which shall be placed as near the front as practicable and facing toward the front and 2 of which shall be placed as near the rear as practicable and facing toward the rear; or

(b) an 8 lamp warning system consisting of

(i) 4 flashing lamps casting an amber light, 2 of which shall be placed as near the front as practicable and facing toward the front, and 2 of which shall be placed as near the rear as practicable, and facing toward the rear, and

(ii) 4 flashing lamps casting a red light, 2 of which shall be placed as near the front as practicable, and facing toward the front and 2 of which shall be placed as near the rear as practicable, and facing toward the rear.

When school bus lamp should not be lighted.

37(9)

Where a vehicle that is a school bus is not a school bus to which subsection 137(1) applies and is equipped with a lamp as provided in subsection (8), the lamp shall not be lighted or put into operation at any time when the vehicle is not in use as a school bus.

"Back-up" lamps.

37(10)

A motor vehicle may be equipped with lamps at the rear of the vehicle casting a white light, and that are automatically lighted when the gears are shifted so that the motor vehicle will move backwards when the power is applied.

Fog lamps.

37(11)

Notwithstanding any other provision herein, but subject to subsection (12), a motor vehicle may be equipped with not more than two fog lamps of such type and design as may be approved by the traffic board, and

(a) that are fixed to the front of the motor vehicle so that no part thereof is higher than the headlamps or lower than 310 millimetres below the lowest part of the headlamps;

(b) that cast a light that is white or amber;

(c) that has an intensity of light of not more than thirty-two candle power; and

(d) the beam or beams of the light from which are so aimed and directed that no part of the main beam falls to the left of the centre of the roadway, and that at a distance of 8 metres from the fog lamp, no part of the main beam is higher than 110 millimetres below the level of the centre of the fog lamp.

Use of fog lamps.

37(12)

The lamps to which reference is made in subsection (11) may be lighted on a highway

(a) alone; or

(b) in conjunction with headlamps, on low beam, required under section 35 or 36;

at any time when visibility is reduced by reason of fog, falling snow, smoke, dust or rain.

Flashing emergency lamps.

37(13)

Notwithstanding any other provision herein except subsection (14), but subject to that subsection, a motor vehicle may carry at the front and back thereof four lamps,

(a) of which one is on each side of the front thereof and one is on each side of the back thereof;

(b) that are lighted intermittently or in flashes; and

(c) that are all so lighted simultaneously;

and any such lamp that is affixed to the back of the motor vehicle shall cast a red or amber light and any such lamp that is affixed to the front of the motor vehicle shall cast a white or amber light, except in the case of a school bus to which subsection 137(1) applies, in which case any such lamp that is affixed to the front of the school bus shall cast, a red light.

When emergency lamps may be operated.

37(14)

The lamps to which subsection (13) applies shall not be simultaneously lighted or put into operation except when the motor vehicle is, for any reason, coming to a stop or standing upon a highway; and when the motor vehicle is again put in motion the lamps shall no longer remain lighted.

LIGHTING EQUIPMENT PROHIBITED

Prohibited lamps.

38(1)

Except as otherwise specifically provided herein, a motor vehicle on a highway shall not carry

(a) more than five lamps of over four candle power (of which not more than four are headlamps) on the front of, or visible from in front of, the vehicle;

or

(b) any search light or any lamp other than a stationary lamp; or

(c) any lamp

(i) that casts a light of a colour other than white, or

(ii) that lights intermittently or in flashes; or

(d) any lamp casting a light of over four mean spherical candle power unless it is so constructed, arranged, and adjusted, that no portion of the parallel beams of reflected light, when measured 25 metres or more ahead of the lamp, rises above 1.07 metres from the level surface on which the vehicle stands, as those heights are determined while the vehicle is fully loaded.

White lights on rear.

38(2)

Subject to subsection 37(10), a vehicle other than highway construction or maintenance equipment being operated within an area in respect of which signs are erected under subsection 77(7), on a highway shall not carry and display a lamp casting a white light to the rear of the vehicle while it is moving forward.

Certain restrictions not applicable.

38(3)

Clauses (1)(a), (b), and (c) do not apply to

(a) an ambulance; or

(b) a vehicle used by a municipal fire department; or

(c) a vehicle used by any police force, or a vehicle owned or leased by the government of Manitoba and used by a person employed by the government of Manitoba as a peace officer for the enforcement of such statutes as are enacted by the Parliament of Canada and the statutes of

(d) a motor vehicle carrying rescue equipment and to which subsection 2(4) applies; or

(e) a vehicle that is owned by The Manitoba Hydro-Electric Board, The Manitoba Telephone System, or The City of Winnipeg and that, in any case, is equipped or constructed for overhead wire construction or repair work, or that is used for overhead wiring or repairing; or

(f) a vehicle to which subsection 35(15), (16) or (17) applies, or for which a permit has been issued under subsection 37(7); or

(g) a tractor; or

(h) a school bus to which subsection 37(8) applies; or

(i) a vehicle owned by a volunteer member of a municipal brigade used by him to respond to fire alarms;

but, subject to clause 35(1)(c), and to subsection 37(5), if any such vehicle is equipped with a lamp that lights intermittently or in flashes, the light cast by that lamp,

(j) in the case of a vehicle to which clause (a), (b), or (d) applies, shall be red or, if the lamp is a headlamp lighted alternately with the other headlamp, shall be white; and

(k) in the case of a vehicle to which clause (e) or (g), or subsection 35(15), (16) or (17) applies, or for which a permit has been issued under subsection 37(7), shall not be red.

Non-application of cl. (1)(d).

38(4)

Clause (1)(d) does not apply to a vehicle to which clause (3)(f) applies.

Light on vehicles owned.

38(5)

Notwithstanding any other provision of this Act, a motor vehicle owned by a volunteer member of a municipal fire department may be equipped with a removable lamp

(a) affixed to the roof of the motor vehicle; and

(b) casting a red flashing light;

and the lamp shall be affixed to the roof of the motor vehicle and illuminated only when it is proceeding to a fire or other emergency.

OTHER PROVISIONS RESPECTING LIGHTING EQUIPMENT

Compliance with conditions on permits.

39(1)

An owner who obtains a permit under subsection 37(6) or (7), and the driver of the motor vehicle in respect of which the permit is issued, shall each comply with any conditions stated on the permit by the registrar.

Saving cl. re sec. 36.

39(2)

Clause 38(1)(d) does not apply to a motor vehicle equipped as provided in section 36.

Offence.

39(3)

The owner and the driver or the operator of a vehicle equipped contrary to section 35, 37 or 38 shall each be deemed to have violated section 35, 37 or 38, as the case may be.

Procedure where lamps defective.

40(1)

Where any public service vehicle or truck, the registered gross weight of which is in excess of 3,700 kilograms, is stopped on a highway outside a city, town, or village during the period when, under subsection 35(11), lighted lamps are required to be displayed on vehicles, and the lighting equipment required by this Act is disabled and the vehicle or truck cannot immediately be removed from the travelled portion of the highway, the driver or other person in charge of the vehicle or truck shall cause to be placed on the highway in the manner hereinafter provided,

(a) two lighted flares, lamps, or lanterns; or

(b) two reflectorized devices

(i) each reflector of which has a diameter of not less than 60 millimetres,

(ii) casting a red reflection, and

(iii) of a type and design approved by the traffic board.

Position of flares, etc.

40(2)

One of the flares, lamps, lanterns, or reflectorized devices shall be placed at a distance of at least 60 metres in advance of the vehicle or truck, and the other shall be placed at a distance of at least 60 metres to the rear of the vehicle or truck, and where reflectorized devices are so placed, each of them shall be so placed as to be illuminated by the lights of any approaching vehicle.

Flares, etc., to be carried by p.s.v.'s and trucks.

40(3)

Every public service vehicle or truck the registered gross weight is in excess of 3,700 kilograms shall carry at all times and in good working condition, and the driver of the vehicle shall, on the request of a peace officer, produce the flares, lamps, lanterns, mentioned in clause (1)(a) or the reflectorized devices mentioned in clause (1)(b).

BRAKING EQUIPMENT

Brakes on motor vehicles.

41(1)

Subject as hereinafter in this section provided, every motor vehicle when upon a highway shall be equipped with brakes adequate to stop and to hold the motor vehicle and also any trailer or special mobile machine that is attached.

Brakes on trailers.

41(2)

Every semi-trailer or trailer that forms part of, or is attached to, a semi-trailer truck, and every trailer that is attached to a motor vehicle and that has a gross weight in excess of 910 kilograms, when upon a highway shall be equipped with brakes adequate, when operated in combination with the brakes of the motor vehicle or semi-trailer to which it is attached, to stop and hold the semitrailer truck, or the semi-trailer truck and trailer, or the motor vehicle and trailer, as the case may be, within the distances prescribed therefor in subsection (8).

Exemption for certain mounted sheds.

41(3)

Subsection (2) does not apply to trailers on which there is mounted a tool shed used by persons engaged in the construction of, or repairs to, highways or buildings and which is towed by a truck and only incidentally operated upon a highway.

Exemption for certain farm trailers.

41(4)

Subsection (2) does not apply to a farm trailer in respect of which the registrar has issued a permit authorizing its operation upon a highway without brakes as required under subsection (2); and the registrar may issue such a permit to the owner of a farm trailer, and may make the permit subject to such conditions as he thinks necessary to ensure the safety of the public, and any person using a farm trailer in respect of which a permit has been issued under this subsection shall comply with those conditions.

Application of brakes.

41(5)

Subject to subsection (6), the brakes on a motor vehicle, other than a tractor, shall have two separate means of application, each of which means shall be effective to apply brakes to at least two wheels on the same axle; but where the brakes on a motor vehicle are applied through separate methods of application or operation to the same brake drum or set of brake drums, the vehicle shall not, by reason only of that fact, be deemed to be equipped contrary to this section.

Separate application of brakes.

41(6)

The brakes on each motor vehicle, that is, or has been advertised to be, a motor vehicle of the model or make of the year 1968 or of a subsequent year, other than a tractor, shall have two separate means of application, each of which means shall be effective to apply brakes to at least two wheels on each axle of the motor vehicle; but where the brakes on a motor vehicle are applied through separate methods of application or operation to the same brake drum or set of brake drums, the vehicle shall not, by reason only of that fact, be deemed to be equipped contrary to this section.

Front and rear brakes required.

41(7)

Notwithstanding subsections (5) and (6), every moped or mobility vehicle shall be equipped with brakes operating on both the front and rear wheels, each of which shall have a separate means of application.

Power of brakes.

41(8)

The brakes of any vehicle or combination of vehicles shall be capable, on application thereof, at all times and under all conditions of loading, of stopping the vehicle or combination of vehicles on a dry, smooth, level road, free from loose material, when the vehicle or combination of vehicles is travelling at a speed of 30 kilometres an hour, within the distances hereinafter specified, for each of the following vehicles or combination of vehicles :

(a) A motor vehicle of the passenger car type: - 7.6 metres

(b) A motorcycle or moped: - 9 metres

(c) A single unit vehicle other than one of the passenger car type, having a gross weight of less than 4,540 kilograms, or any combination of vehicles having a similar gross weight: - 9 metres

(d) A single unit two-axle vehicle other than one of the passenger car type, having a gross weight of 4,540 kilograms or more, and a tractor or a tractor with trailer attached: - 12.2 metres

(e) All other vehicles, and all combinations of vehicles, having in any case a gross weight of 4,540 kilograms or more: - 15.3 metres.

Air brake system to be in accordance with regulations.

41(9)

A motor vehicle equipped with an air brake system shall comply with standards for air brake systems prescribed by regulation.

Exception for older vehicles.

41(10)

A standard for air brake systems prescribed under subsection (6), except to the extent that it requires air brake systems to be maintained in good repair, does not apply to an air brake system installed in a motor vehicle before the standard comes into force if the air brake system was at the time of its installation in compliance with a standard applicable to the system and in effect at that time.

MIRROR EQUIPMENT

Mirror equipment.

42(1)

Every motor vehicle and every school bus shall be equipped with a mirror, securely attached thereto and placed in such a position as to afford the driver, while driving, a clear view of the roadway in the rear and of any vehicle approaching from the rear.

Rear view mirrors on trolley buses.

42(2)

Every trolley bus, bus, truck, and truck tractor, shall be equipped on each side thereof with a mirror, securely attached thereto and placed in such a position as to afford the driver, while driving, a clear view of the roadway in the rear and on both sides of the vehicle he is driving, and of any vehicle approaching from the rear.

TIRE EQUIPMENT

Tires.

43(1)

Subject to subsection (2) all wheels of every motor vehicle and every trailer, while driven on a highway, shall be pneumatic rubber tires in safe operating condition, and free from bulges, cracks or cuts which penetrate to the cord that might render the tire hazardous; and each tire shall have

(a) in the case of a motor vehicle other than a motorcycle, mobility vehicle or moped, at least 1.6 millimetres; and

(b) in the case of a motorcycle, mobility vehicle or moped, at least .8 millimetres;

of tread remaining when measured by a tire tread wear indicator device, at three points on the circumference of the tire.

Solid rubber tires.

43(2)

Where the tires on the wheels of a motor vehicle or trailer are composed of solid rubber or some similar composition, there shall be at least 32 millimetres of rubber or some similar composition between the wheel rim and the road surface over the entire traction surface of the tire; and the vehicle shall not be driven on a highway with a tire that is so broken or defective as to cause damage to the highway.

Restrictions on protuberances on tires.

43(3)

Subject to subsections (4) and (5), no tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other protuberance of any material, other than rubber, that projects beyond the tread of the traction surface of the tire; but it is permissible to use tire chains of reasonable proportions upon a motor vehicle, where required for safety, or to use on dirt-surface roads only, tractors and implements of husbandry with tires having protuberances that will not injure the highway.

Regulations as to safety studs on tires.

43(4)

The Lieutenant Governor in Council may make regulations authorizing motor vehicles to be equipped, during such period in each year as is stated in the regulations, and on such of the wheels thereof as are specified in the regulations, with safety studded tires.

Authority to use safety studs.

43(5)

Notwithstanding subsection (3), where regulations are made under subsection (4), motor vehicles equipped as provided therein may be used on highways.

WARNING DEVICE

Horn, and use thereof.

44(1)

Every motor vehicle while being driven on a highway shall be equipped with a horn in good working order and capable of emitting sound audible, under normal conditions, from a distance of not less than 60 metres and the horn shall be sounded whenever it is reasonably necessary.

Where sirens permitted.

44(2)

No motor vehicle, other than a police or fire department vehicle used for official business or an ambulance used for emergencies, or a motor vehicle operated under the authority of the Provincial Co-ordinator of Manitoba Emergency Measures Organization, shall be equipped with a siren horn or any device producing a sound that resembles that produced by a siren horn.

Mufflers required.

45(1)

Every motor vehicle shall be equipped with a noise muffler in good working order which shall be in constant operation while the engine is running to prevent excessive or unusual noise; and no person shall equip a motor vehicle with, or use a motor vehicle equipped with, a muffler cut-out, straight exhaust, gutted muffler, hollywood muffler, by-pass, or any device which has the effect of by-passing or reducing the effectiveness of a noise muffler.

Cut-out not permitted.

45(2)

No contrivance for releasing, or preventing the operation of, the muffler shall be attached to the motor vehicle.

SPEEDOMETER

Speedometers required.

46(1)

Every motor vehicle shall be equipped with a speedometer in good working condition, designed to show as nearly as possible the speed at which the motor vehicle is travelling.

Odometer required.

46(2)

Every motor vehicle other than a motorcycle, mobility vehicle, moped, tractor or snowmobile, shall be equipped with an odometer in good working order.

Tampering with odometer.

46(3)

Except where necessary for repairing the odometer, no person shall tamper with, remove or change the mileage shown by an odometer.

Speedometer testers.

47(1)

The minister may appoint one or more qualified persons as testers of the speedometers on motor vehicles.

Effective tester's certificate.

47(2)

In any prosecution under this Act, a certificate purporting to be issued by a tester appointed under subsection (1), bearing a date thereon not more than thirty days before or after the date of an alleged offence charged in the information or complaint, signed by the tester, and stating therein the results of a test of the speedometer on the motor vehicle mentioned therein, is admissible in evidence as prima facie proof of the accuracy of the speedometer as stated in the certificate on the date of the alleged offence in the information or complaint.

Testing speedometer by other means.

47(3)

Notwithstanding subsections (1) and (2), the speedometer of a motor vehicle may be tested for accuracy by a speed timing device of a type approved under subsection 255(3) and which has been certified to be accurate by a peace officer who is present at the time and place where the accuracy of the speedometer was tested.

Effect of certificate by peace officer.

47(4)

In any prosecution under this Act, a certificate purporting to be issued and signed by a peace officer who certified the accuracy of the speed timing device used to test the accuracy of the speedometer on a motor vehicle, and who was present at the time and place where the speedometer was tested, bearing a date thereon not more than thirty days before or after the date of the alleged offence charged in the information or complaint, and stating therein the results of the test of the speedometer on the motor vehicle mentioned therein, is admissible, if the certificate is given by the peace officer other than the peace officer laying the information or complaint, in evidence as prima facie proof of the accuracy of the speedometer on the date of the alleged offence.

SPLASHGUARDS OR FENDERS

Splash-guards required.

48

Every motor vehicle and every trailer, except a farm trailer, shall, when upon a highway, be equipped with splash-guards or fenders adequate to reduce effectively the wheel spray or splash of water from the roadway to the rear thereof, unless adequate protection is afforded by the body of the motor vehicle or trailer or by a trailer drawn by the motor vehicle; and the splashguard shall comply with the standards prescribed therefor under the regulations.

BUMPERS

Bumpers required.

49(1)

Every motor vehicle of the passenger car type shall be equipped with a bumper at the front and rear designed to minimize damage to the motor vehicle.

Standards of bumpers.

49(2)

No manufacturer of motor vehicles of the passenger car type, and no distributor or dealer of motor vehicles of the passenger car type, shall sell, offer for sale, or have in his possession for sale, a motor vehicle of the passenger car type of the model or make of the year 1973, or of any subsequent year, unless the motor vehicle is equipped with an appropriate energy absorption system which complies with the standards prescribed therefor under the regulations.

Offence and penalty.

49(3)

Every person who contravenes or fails to comply with subsection (2) is guilty of an offence and

(a) where the person is not a manufacturer, is liable, on summary conviction, to a fine of not less than $200.00 and not more than $1,000.00, or to imprisonment for a term of not more than six months; and

(b) where the person is a manufacturer, to a fine of not less than $1,000.00 and not more than $5,000.00, or to imprisonment for a term of not more than one year.

Definitions.

49(4)

In this section

"bumper" means a device designed to be affixed to the front and rear of a motor vehicle of the passenger car type and capable of preventing or minimizing the damage to other parts of the motor vehicle;

"motor vehicle of the passenger car type" means a four wheeled motor vehicle designed and used to carry six or fewer passengers.

PROPELLOR GUARDS ON SNOWMOBILES

Propellor guards required.

50

Every snowmobile of the type required to be registered under this Act and propelled by a propellor, shall be equipped with a guard surrounding the propellor composed of a frame and netting adequate to prevent persons from injury by reason of contact with the propellor.

Motorcycle handlebars.

51(1)

Every motorcycle shall be equipped with handlebars,

(a) the width of which is not more than 920 millimetres, and not less than 530 millimetres; and

(b) the height of the handle-grips and controls of which is not more than 390 millimetres above that portion of the seat occupied by the operator while occupied and depressed by his weight.

Front fork.

51(2)

No motorcycle shall have a front fork longer than 820 millimetres measured from the lowest point of the lower triple tree to the centre of the axle, and, where a motorcycle is equipped with hydraulic front forks, any extension of the front forks shall be of one piece construction.

Frame.

51(3)

No person shall alter the steering neck angle of the front frame of a motorcycle, by cutting and re-welding or otherwise, from the original form and dimensions of the steering neck angle of the front fork as supplied by the manufacturer to the first purchaser of the motorcycle.

GLASS IN WINDOWS

Application and definitions.

52(1)

This section applies only to a motor vehicle that is, or has been advertised to be, a motor vehicle of a model or make of the year, 1952, or of a subsequent year; and, in subsections (2) and (3)

(a) the expression "glass" refers to glass in the doors, windows, side wings, or windshield, of a motor vehicle, but does not refer to the glass in frost shields or in storm windows installed on the outside of a bus; and

(b) the expression "safety glass" means a product composed of glass so manufactured, fabricated, or treated, as substantially to prevent shattering and flying of the glass when struck or broken.

Requirement for safety glass.

52(2)

No manufacturer of motor vehicles and no dealer, and no agent or employee of any such manufacturer or dealer, shall sell a motor vehicle unless the glass with which the motor vehicle is equipped at the time of sale is safety glass.

Requirement as to new glass.

52(3)

No person shall

(a) newly equip a motor vehicle with, or cause a motor vehicle to be newly equipped with, glass; or

(b) newly install glass in, or cause glass to be installed in, a motor vehicle; or

(c) own, or have possession of, or register under this Act, a motor vehicle that has been newly equipped with glass, or in which glass has been newly installed;

in replacement of the glass with which the motor vehicle was formerly equipped or that was formerly installed therein, unless the glass with which the motor vehicle is newly equipped or that is newly installed therein, is safety glass.

Windshields.

53

Every motor vehicle, except a motorcycle or a moped, shall be equipped with a windshield which will afford the driver a clear and unobstructed view.

Spray tints on windshields prohibited.

54(1)

Subject to subsection (2), no person shall operate on a highway a motor vehicle

(a) the windshield of which; or

(b) any part of the windshield of which;

is sprayed or coated with any substance which reduces the amount of light that is capable of being transmitted through the windshield.

Exception.

54(2)

Subsection (1) does not apply in the case of a motor vehicle that has been equipped with a tinted windshield that was tinted during the manufacture of the glass.

NAME ON MOTOR VEHICLES

Names required on truck.

55(1)

Subject to Part VIII, every truck the gross vehicle weight of which exceeds 6,400 kilograms shall have displayed on both sides thereof, in a conspicuous place and manner, the name and address of the registered owner thereof.

Application of subsection (1).

55(2)

Subsection (1) does not apply to a truck to which Part VIII of the Act does not apply and on both sides of which there is displayed, in a conspicuous place and manner, a distinctive sign, symbol, emblem or writing that readily identifies the owner thereof.

PARTITIONS IN LIVESTOCK TRUCKS

Transportation of livestock.

56

When in use for the transportation of livestock, a truck shall be equipped with partitions adequate to separate different species, kinds, classes, types, or sizes of livestock and the partitions shall be used for that purpose whenever the truck is transporting livestock of different species, kinds, classes, types or sizes.

OBSTRUCTION OF VIEW

Windshield wipers required.

57(1)

Every windshield on a motor vehicle being driven on a highway shall be equipped with a device in good working order for clearing rain, snow, or other moisture therefrom; and the device shall be so constructed as to be controlled or operated by the driver of the vehicle, and shall be kept in operation whenever necessary.

Frost shields required.

57(2)

The windshield, rear windows, and windows at both sides of the driver's seat, of every motor vehicle at all times between the first day of November in each year and the thirty-first day of March next following, both dates inclusive, shall be equipped with adequate frost shields of a size and type that will prevent or minimize the condensation thereon of moisture in the atmosphere and allow the driver to have a view sufficiently clear and unobstructed to permit him to operate the vehicle with safety to other persons and vehicles on the highway, unless the vehicle is otherwise so equipped or constructed as to secure a like result.

Clear view for driver required.

57(3)

Every vehicle driven upon a highway shall be so constructed and equipped that nothing in the construction or equipment thereof prevents the driver, while seated in the driver's seat thereof, from having a clear and unobstructed forward view through an arc of 180 degrees measured from the line of the back of the driver's seat.

Windshield washers.

57(4)

Every motor vehicle of a model or make of the year 1971 or of a subsequent year, except a motorcycle or a moped, shall be equipped with a windshield washer in good working order, except by reason of absence of water or other windshield washing fluids.

Permit for certain obstructions of view.

58

Notwithstanding subsections 182(4) and 57(3), a motor vehicle may be equipped in a manner forbidden by either or both of those provisions if the owner thereof has, upon written application, obtained from the registrar a permit for the purpose, specifying the equipment authorized thereby; but the registrar may issue the permit only if, in his absolute discretion, he is satisfied

(a) that the circumstances in which the equipment for which a permit is applied for is required are of such a special and unusual character that it is not in the public interest to refuse to issue the permit; and

(b) that the owner of the vehicle will use the equipment, or cause it to be used, with due regard to the public safety.

EQUIPMENT, GENERAL PROVISIONS

Standards required for equipment.

59(1)

The lamps, brakes, mirrors, tires, horn, or other warning device, windshield wipers, frost shields, and other devices with which a motor vehicle is, or is herein required to be, equipped

(a) shall be such as are provided by the manufacturer of the vehicle and installed thereon when it is sold to the first purchaser thereof; or

(b) shall be of kinds that conform to standards prescribed in the regulations; or

(c) if not of a kind to which clause (a) or (b) applies, shall be adequate for the purpose for which they are to be used, or of such a kind as is authorized or permitted by this Act.

Changing suspension system.

59(2)

No person shall alter a motor vehicle so as to raise or lower the suspension system of the motor vehicle higher or lower than the height of the motor vehicle at the time of its manufacture; and no person shall drive a motor vehicle on the highway if the suspension system thereof has been raised or lowered so that the height of the motor vehicle is higher or lower than its height at the time of its manufacture.

Exception to subsection (2).

59(3)

Subsection (2) does not prohibit the raising or lowering of the suspension system

(a) of a motorcycle, mobility vehicle, truck or a moped; or

(b) the raising or lowering of the suspension system of a motor vehicle by reason only of

(i) the load being carried by the motor vehicle; or

(ii) the substitution of new or overload springs; or

(iii) the substitution of new shock absorbers; or

(iv) any other minor adjustment to the suspension system.

Equipment in good order.

60

The equipment to which section 59 refers shall at all times when the vehicle is on a highway be in good working order.

PROJECTIONS FROM VEHICLES

Warning flag or lights for projections.

61(1)

Where the load of a vehicle being driven on the highway extends more than 1.22 metres beyond the rear of the vehicle there shall be displayed at the end of the load, in such a position as to be clearly visible at a distance of at least 60 metres from the rear of the vehicle, a red flag not less than 30 centimetres square during the hours between sunrise and sunset, and a red light or a red reflector so placed as to be illuminated by the lights of any approaching vehicles and casting a red reflection, during the hours between sunset and sunrise.

Securing of loads on motor vehicles and trailers.

61(2)

No person shall operate, or permit to be operated, upon a highway any motor vehicle or trailer unless the load that the motor vehicle or trailer is carrying is firmly bound, sufficiently covered, or otherwise secured or loaded, in such a manner that no portion of the load may become dislodged or fall from the motor vehicle or trailer.

Where load not required to be covered.

61(3)

Notwithstanding subsection (2) where the loose material of a load consists of snow, earth or mud the load is not required to be covered by a tarpaulin.

Regulations for securing loads.

61(4)

The Lieutenant Governor in Council may make regulations prescribing the manner of loading, covering and securing loads carried by vehicles operated on highways according to class of vehicles and type of highways.

Loading of cordwood.

61(5)

Where the load of a vehicle consists of two widths of cordwood it shall be so placed thereon that the ends of the cordwood at the outside are at least 80 millimetres higher than the ends of the cordwood at the centre of the vehicle.

Cordwood loads to be properly secured.

61(6)

Where the load of a vehicle consists of cordwood or pulpwood that is not completely within a box or other enclosure, the driver or person in charge of the vehicle shall secure the load in such manner as to prevent any part of the load from slipping or rolling off the vehicle.

Fastening of tail-gate.

61(7)

The tail-gate of every truck being driven on a highway shall be closed and fastened, except where the truck is carrying an article of such length that it cannot conveniently be carried thereon unless the tail-gate is open.

TRAILER CONNECTIONS

Requirements as to towing.

62(1)

No person shall drive a motor vehicle upon a highway drawing or towing a trailer or a special mobile machine unless

(a) the trailer or special mobile machine is connected to the motor vehicle by a draw-bar;

(b) the draw-bar and its mode of attachment is of sufficient strength to draw or tow the trailer or special mobile machine fully loaded with a sufficient margin of safety to withstand the ordinary shocks and stresses occasioned by use on the highways;

(c) subject to subsection (3), the draw-bar is so constructed and connected that the front of the body of the trailer or special mobile machine is not more than 4 metres from the rear of the body of the motor vehicle;

(d) the attachment for connecting the draw-bar of the trailer or special mobile machine to the motor vehicle is firmly and directly affixed to the frame of the vehicle;

(e) the connection of the draw-bar to the trailer or special mobile machine and the motor vehicle is so secured that it cannot become disconnected by jarring, vibration, or dropping, or become disengaged in any way other than by manual effort or manipulation;

(f) the draw-bar and connection are adequate to prevent the trailer or special mobile machine swaying, whipping or weaving on the highway;

(g) in the case of a two-wheel trailer the draw-bar is of sufficient additional strength to support any weight imposed upon it by the trailer when fully loaded; and

(h) in addition to the draw-bar there is an additional safety connection between the motor vehicle and the trailer or special mobile machine that, in the event of the draw-bar breaking or becoming disconnected, will prevent the trailer or special mobile machine from being disconnected from the motor vehicle.

Connections and equipment of second trailer.

62(2)

Where a trailer is attached to a semi-trailer truck or to another trailer

(a) it shall be connected to the vehicle to which it is attached in the manner prescribed in subsection (1) for the connection of trailers to motor vehicles; and

(b) it and the vehicle to which it is attached or that is towing it shall be equipped as required in this Part.

Where cl. (1)(c) not applicable.

62(3)

Clause (1)(c) does not apply in the case of a trailer used for carrying poles, piling, contractor's equipment, road maintenance machinery, or trailers or equipment owned or used by the government or a municipality for its purposes.

TOWING AND PUSHING

Towing of motor vehicles.

63(1)

No motor vehicle shall be towed upon a highway unless there is a driver therein, or unless it is equipped with an adequate towing device which compels it to remain in the course of the vehicle by which it is being towed.

Distance between vehicle towed and towing vehicle.

63(2)

The distance between a vehicle being towed on a highway and the vehicle towing it shall not exceed 5 metres.

Pushing of motor vehicles in urban areas.

64(1)

No motor vehicle on a highway in any city, town, or village

(a) shall be pushed from behind by another vehicle unless there is a driver in the vehicle being pushed; or

(b) shall be pushed across, through, or in, an intersection except where the engine thereof is disabled.

Exception for vehicle with disabled engine.

64(2)

In a case coming within the exception mentioned in clause (1) (b), the motor vehicle shall not be so pushed for a distance greater than is necessary to remove it from the intersection and to park it in a place where it will not obstruct traffic.

INSPECTION OF EQUIPMENT

Inspection by peace officer.

65(1)

A peace officer may at any time stop and inspect or cause to be inspected any equipment on a vehicle or bicycle on a highway, and may, if the equipment or any part thereof does not comply with this Act or with the regulations, require that the driver or operator thereof have, and the driver or operator shall proceed forthwith to have, the equipment made to comply therewith.

Co-operation by driver.

65(2)

The driver or operator of a vehicle or bicycle the equipment of which is being inspected by a peace officer as provided in subsection (1) shall render such reasonable assistance, and provide such reasonable information, as the peace officer may require.

Removal of unsafe vehicle on order of peace officer.

66(1)

Where a vehicle is, in the opinion of a peace officer, in such a condition that it cannot safely be driven on a highway, the peace officer may require the owner or the driver to remove it, or cause it to be removed, from the highway, either under its own power or by being towed or carried or otherwise removed, as the peace officer may direct; and the owner or driver, as the case may be, shall comply with the requisition of the peace officer.

Removal by peace officer of unsafe vehicle.

66(2)

Where the owner or driver of a vehicle does not, within a reasonable time, comply with the requisition of a peace officer made under subsection (1), the peace officer may cause the vehicle to be removed from the highway and to be taken to, and stored in, a suitable place; and all costs and charges for the removal, care, or storage, of the vehicle shall be a lien thereon and may be enforced in the manner provided in The Garage Keepers Act.

DIMENSIONS OF VEHICLES

Height and weight requirements of vehicles.

67(1)

Subject to subsections (2), (3), (4) and (5), no vehicle, including the load or any part thereof, upon a highway, shall have a height greater than 4.15 metres, or a width greater than 2.60 metres.

Allowance for rear vision mirrors.

67(2)

A rear vision mirror on the side of a vehicle or combination of vehicles may extend an additional 20 centimetres past the width dimension prescribed in subsection (1).

Allowance for load securing devices.

67(3)

A load securing device on the side of a vehicle or combination of vehicles may extend an additional 10 centimetres past the width dimension prescribed in subsection (1).

Exceptions.

67(4)

Subject to subsection (6), the restriction as to width set out in subsection (1) does not apply to

(a) loads of loose fodder; or

(b) an implement of husbandry that is owned by

(i) a farmer and that is temporarily on a highway while being moved or propelled for the purpose of moving it from one field to another or for the purpose of repairs, or

(ii) a dealer and that is temporarily on a highway while being moved or propelled during daylight hours for the purpose of being delivered to, or picked up from, a farmer;

(c) vehicles used for snow removal, repairing roads, or giving aid or service to motor vehicles; or

(d) special mobile machines or farm tractors.

Width of passenger cars.

67(5)

No motor vehicle of the passenger car type, including any part thereof, except mirrors required under section 42, shall have a width greater than 2.10 metres.

Loads of loose fodder.

67(6)

Loads of loose fodder shall not have a width greater than 3.7 metres.

Maximum length of vehicles.

67(7)

No vehicle, including load and any part thereof, other than a semi-trailer truck shall exceed a length of 12.5 metres.

Maximum length of semi-trailer trucks.

67(8)

No semi-trailer truck, including load and any part thereof, shall exceed a length of 20 metres.

Maximum length of combinations of vehicles.

67(9)

No combination of vehicles coupled together, including the loads carried thereby and any part of the loads, shall exceed a total length of 21.5 metres.

Exception to subsec. (9).

67(10)

Notwithstanding subsection (9), no truck-tractor coupled to a semi-trailer and a trailer in combination, where the distance between the centre of the drive axle or axles, or the 5th wheel pin and the extreme rear of the trailer, whichever is the greater is not more than 16.75 metres, shall exceed a total length of 23 metres.

Projections at front of vehicles.

67(11)

No combination of vehicles or vehicle operated alone shall carry any load extending more than 1 metre beyond the front thereof.

Projections from passenger vehicles.

67(12)

No passenger vehicle shall carry any load extending beyond the line of the splashguards or fenders on the left side of the vehicle, or extending more than 150 millimetres beyond the line of the fenders or splashguards on the right side thereof.

Where subsecs. (7), (8) and (9) not applicable.

67(13)

Subsections (7), (8) and (9) do not apply to vehicles owned and used by a city or town for municipal purposes, or by Manitoba Hydro, The Manitoba Telephone System, or owned by the government and operated under the Minister of Highways.

WEIGHT RESTRICTIONS

Definitions.

68(1)

In this section

"class A highway" means

(i) a provincial trunk highway, unless otherwise classified by order of the Lieutenant Governor in Council, and

(ii) subject to subsection (9), any highway in The City of Winnipeg, and any other highway that is designated as such

(A) by order of the Lieutenant Governor in Council, in the case of a provincial road or a highway in unorganized territory, or

(B) by by-law of the council of the municipality that is the traffic authority in respect thereof, in the case of any municipality;

"class B highway" means

(i) a provincial road, unless otherwise classified by order of the Lieutenant Governor in Council, and

(ii) subject to subsections (7) and (12), any highway in a municipality, other than The City of Winnipeg, that is not a provincial trunk highway or a provincial road, and any highway in unorganized territory that, under this Act, is not, and has not been classified as, a class A or class C highway;

"class C highway" means, subject to subsection (12),

(i) any of the following that has been so classified by order of the Lieutenant Governor in Council, that is to say, a provincial trunk highway, a provincial road, or a highway in unorganized territory, and

(ii) a highway in a municipality, other than The City of Winnipeg, that has been classified as class C under subsection (7) or (8);

"gross weight of any axle assembly" includes the weight of the load on the axle assembly together with the weight of the axle assembly itself and the weight of the wheels connected with the axle assembly;

"provincial trunk highway" means a highway that is a provincial trunk highway within the meaning of The Highways Department Act;

"provincial road" means a highway that is a provincial road within the meaning of The Highways Department Act;

"width of tire" means

(i) in the case of pneumatic tires, the nominal width of the tire marked thereon by the manufacturer, and

(ii) in the case of all other tires the actual width of the tire surface in contact with the road.

Vicarious responsibility.

68(2)

For the purposes of this section a person shall be conclusively deemed to have caused or permitted a vehicle to be driven or moved if the vehicle is driven or moved by another person who

(a) is the employee or agent of the person first mentioned; and

(b) while driving or moving the vehicle, is acting within the general scope of his employment.

Regulations respecting maximum gross weight and dimensions.

68(3)

The Lieutenant Governor in Council may make regulations respecting motor vehicles being operated on or over any class A, B or C highway, or any industrial road or part thereof

(a) prescribing a maximum gross weight of any vehicle or combination of vehicles;

(b) prescribing a gross weight for each axle, axle assembly or axle group of a vehicle;

(c) prescribing a maximum weight of any axle assembly for every 10 millimetres of the width of tires on the wheels of that axle assembly;

(d) prescribing dimensions in respect of any vehicle;

(e) subdividing class A, B or C highways for the purpose of prescribing higher maximum gross weights that may be carried on those highways.

Vehicle in excess of maximum gross weight or dimensions.

68(4)

Except under the authority of a permit issued under section 87, no person shall operate or move, or permit or cause to be operated or moved, a vehicle or combination of vehicles on or over a class A, B, or C highway or part thereof, or on or over an industrial road or part or subdivision thereof, when the gross weight of the vehicle or combination of vehicles, of any axle thereof, or the maximum gross weight of any axle, axle assembly or axle group thereof, is in excess of the weight or the dimensions thereof prescribed in the regulations made under subsection (3).

Non-application of certain restrictions.

68(5)

Restrictions with respect to the gross weight or the maximum gross weight for axle assemblies prescribed by regulations made under subsection (3) do not apply to a motor vehicle or road building machines operated by or on behalf of a municipality or other authority having jurisdiction over highways when the vehicle or machine is equipped with a snow clearing device.

Restriction on the operation of certain trailers.

68(6)

Except under the authority of a permit issued under section 87, no person shall operate or move, or permit or cause to be operated or moved, on or over a highway or industrial road, or any part thereof

(a) a trailer equipped with more than 2 axle assemblies or axle groups; or

(b) a semi-trailer equipped with more than one axle assembly or axle group.

Classification by municipality.

68(7)

With the approval of the traffic board, the council of any municipality other than The City of Winnipeg may classify any highway with respect to which it is the traffic authority as being a class A, class B, or class C highway.

Classification by Lieutenant Governor in Council.

68(8)

The Lieutenant Governor in Council may, by order in council, classify any highway with respect to which the Minister of Highways is the traffic authority, as being a class A, class B, or class C highway.

Municipal by-laws increasing or decreasing weight.

68(9)

Subject to the approval of the traffic board, the council of a city or town may pass a by-law increasing or decreasing the weight of vehicles that may be driven on any highway in respect of which the city or town, as the case may be, is the traffic authority.

Where section not applicable.

68(10)

This section does not apply to a vehicle being operated on a highway in the construction or maintenance thereof, when the vehicle is being operated with the permission of the traffic authority.

Signs.

68(11)

Where, under this section, the classification of a highway is changed so that the permissible weight of vehicles that may be driven or moved thereon is lower, the relevant traffic authority shall cause to be erected in conspicuous places on the highway, traffic control devices adequate to indicate to all persons concerned the weight restrictions applicable to the highway as a result of the change in the classification.

Former class B highways reclassified.

68(12)

Where, immediately before the twenty-first day of November, 1966, any highway was, under The Highway Traffic Act then in force, classified as a class B highway, that highway shall be deemed to be a class C highway as defined in subsection (1); and the relevant traffic authority shall cause to be erected traffic control devices as in a case to which subsection (11) applies.

Penalty for excess weight.

68(13)

Every person who contravenes or fails to comply with

(a) any provision of this section; or

(b) any provision of a regulation made under this section; or

(c) a by-law made under subsection 92(1); or

(d) a restriction imposed under subsection 92(3); or

(e) any provision of a regulation made under clause 319(1)(bb);

is guilty of an offence and liable on summary conviction to a fine of $10.00 for each 50 kilograms, or fraction thereof, by which the actual gross weight of the vehicle or axle assembly exceeds the maximum gross weight prescribed by the regulation, by by-law or restriction, as the case may be.

Calculation of overweight.

68(14)

In calculating a fine under clause (13)(a),

(a) where the evidence proving the gross weight of the vehicle was obtained from portable scales of a type approved for the purpose by the minister, no account shall be taken of 500 kilograms or five per cent of the maximum gross weight prescribed in the Act, regulations or restriction, whichever is the lesser; and

(b) where the evidence proving the maximum gross weight of the vehicle was obtained by a scale certified by an inspector within the meaning of the Weights and Measures Act (Canada), no account shall be taken of 500 kilograms or two per cent of the maximum gross weight prescribed in the Act, regulation, by-law or restriction, whichever is the lesser.

Tractors on bridges and culverts.

69(1)

Before a tractor is driven across a bridge or culvert on the highway, the bridge or culvert shall be strengthened and shall be kept in repair by the owner of the tractor or, if more than one belonging to different owners, by those owners; but this subsection does not apply to tractors less than 9,000 kilograms in weight used for farming, threshing, or road construction purposes.

Surface of bridge to be protected when tractors crossing.

69(2)

A person driving a tractor on a highway before crossing any bridge or culvert shall lay down on the bridge or culvert planks of sufficient width and thickness to protect fully the flooring or surface of the bridge or culvert from injury.

Liability for damage by overweight motor vehicles.

70

Where a person operates, or causes to be operated, upon a highway a motor vehicle in excess of the weight permitted by this Act, and the vehicle causes damage to the highway or any part thereof, the owner and operator are jointly and severally liable to the traffic authority for the damage.

Prohibition of certain classes of vehicles.

71(1)

Where, at any time, conditions arise whereby, in the opinion of the Minister of Highways, a highway is or is likely to be damaged by the operation of any class of vehicle, he may order an immediate discontinuance of the operation until such time as he permits it to be renewed.

Offence and penalty.

71(2)

Every person who contravenes or fails to comply with an order made under subsection (1) is guilty of an offence and liable, on summary conviction

(a) for a first offence, to a fine of not less than $25.00 or more than $100.00;

(b) for a second offence, to a fine of not less than $100.00 or more than $200.00; and

(c) for a third or subsequent offence, to a fine of not less than $200.00 or more than $500.00.

Weighing of vehicles on order of peace officer.

72(1)

A peace officer may at any time stop and weigh, or cause to be weighed, any vehicle or any vehicle and load, on a highway; and, for that purpose, he may require that the vehicle be driven to any scale capable of weighing the vehicle and its load and which is available for use at the time of the demand made by the peace officer.

Evidence of weight ascertained by portable scale.

72(2)

Notwithstanding subsections (1) and (9) and clause (10)(b), in a prosecution for a violation of section 68 or subsection 86(1), where a peace officer has purportedly signed a certificate certifying

(a) that by the use of a portable scale of a type approved for the purpose by the minister, he weighed a vehicle and load;

(b) that he determined the gross weight transferred to the road through any point or points of contact with the road; and

(c) the gross weight of the vehicle and its load;

the certificate is, subject to subsection (4), conclusive evidence of the weight specified therein without proof of the appointment, authority or signature of the person by whom the certificate was signed.

Alternative weighing.

72(3)

Where a vehicle and its load is weighed using a portable scale of a type approved for the purpose by the minister, the peace officer weighing the vehicle and the load shall advise the person in charge of the vehicle that, in lieu of having weight determined with that scale, the person in charge of the vehicle may take the vehicle and its load, forthwith, to another scale capable of weighing the vehicle and its load and certified by an inspector within the meaning of The Weights and Measures Act (Canada); and the peace officer may take such steps as he considers necessary to insure that no alteration in the weight of the vehicle or its load occurs during the transit to the other scale.

Limitation on certificate under subsec. (2).

72(4)

Where the person in charge of a vehicle takes a vehicle and its load to a scale in accordance with subsection (3) and has the vehicle and its load weighed thereat, the certificate signed pursuant to subsection (2) is not evidence of the weight of the vehicle and its load.

Prohibition against dumping in transit.

72(5)

Where a person in charge of a vehicle takes the vehicle and its load to a scale in accordance with subsection (2) for the purpose of weighing the vehicle and its load on the scale, he shall not between the time that the vehicle is weighed as mentioned in subsection (2) and the time that it is weighed at the other scale under subsection (3), dump or vary the load on the vehicle.

Orders to unload vehicle.

72(6)

The peace officer may require a driver to unload immediately such portion of the load as may be necessary to decrease the gross weight of the vehicle or the gross weight of an axle assembly, to the maximum therefor specified in this Act or the regulations.

Removal of goods unloaded.

72(7)

Where part of the load of a vehicle has been unloaded as required by a peace officer and is not removed forthwith by or on behalf of the owner thereof, the minister may cause the goods so unloaded to be removed and stored at the expense of the owner; and the cost of the removal and storage shall be a debt due from the owner to Her Majesty and may be recovered by action in any court of competent jurisdiction.

Sale of goods unloaded.

72(8)

Where goods have been stored, as provided in subsection (7), for three months or more, the minister may cause them to be sold; and the proceeds of any such sale are the property of, and are hereby vested in, Her Majesty and shall be paid into the Consolidated Fund as public moneys; but if the proceeds of the sale are less than the cost of the storage of the goods, the minister may recover the deficiency by action as provided in subsection (7).

Detention of vehicle temporarily.

72(9)

Where the nearest available scales are closed for the night the vehicle may be detained by the peace officer until the re-opening of the scales on the following morning.

Compliance with orders of peace officer.

72(10)

Every person shall

(a) stop his vehicle when required so to do by a signal from a peace officer under subsection (1); and

(b) when so required by a peace officer under subsection (1), drive his vehicle to a scale capable of weighing the vehicle and its load and which is available for use at the time of the requirement made by the peace officer.

Actions for damages prohibited.

72(11)

No action lies against a peace officer or against the government for loss or damage suffered by any person resulting from the enforcement of or compliance with this section.

Offence under subsec. (10).

72(12)

Every person who contravenes or fails to comply with subsection (10) is guilty of an offence and liable, on summary conviction,

(a) for a first offence, to a fine of not less than $25.00 or more than $100.00;

(b) for a second offence, to a fine of not less than $100.00 or more than $200.00; and

(c) for a third or subsequent offence, to a fine of not less than $200.00 or more than $500.00.

Effect of certificates of inspectors.

73

In any prosecution under this Act, a certificate purporting to be issued and signed by an inspector under the Weights and Measures Act (Canada), bearing a date thereon that is not more than 2 years before or after the date of the alleged offence charged in the information and complaint and stating therein the results of a test of the scale or weighing device mentioned therein, is admissible in evidence as prima facie proof of the accuracy of the scale or weighing device as stated in the certificate on the date of the alleged offence.

PART IV

CONTROL OF TRAFFIC, SPEED, RULES OF THE ROAD, BICYCLES

DIVISION I

CONTROL OF TRAFFIC

Application of Part.

74(1)

Unless the context otherwise requires,

(a) the provisions of this Part relating to the operation of vehicles refer only to the operation of vehicles upon a highway;

(b) this Part does not apply to persons, vehicles, and other equipment while actually engaged in highway construction or maintenance work upon, under, or over, the surface of a highway while at the site of the work, when it is reasonably necessary for the purposes of the construction or work that this Part be not complied with or be contravened; but it does apply to them when travelling to or from the site of the work; and

(c) a person riding an animal or driving an animal-drawn vehicle upon a highway has all the rights, and is subject to all the duties, that a driver of a vehicle has under this Part.

Situs of maintenance vehicles.

74(2)

Where, in order to do the maintenance work for which a machine or vehicle is being used, it is being driven, drawn, or propelled along a highway, it shall be deemed to be at the site of that maintenance work.

Duty of caution.

75

A pedestrian who is, or operator of a bicycle which is, lawfully entering, crossing, or proceeding along a highway, shall, at all times, and even when the movement has been authorized or permitted by a peace officer or a traffic control device, do so cautiously and with due care and attention, taking into account the traffic using the highway at the time.

BY PEACE OFFICER

Authority of peace officer to control traffic.

76(1)

Where a peace officer considers it reasonably necessary, in order

(a) to ensure orderly movement of traffic; or

(b) to prevent injury or damage to persons or property; or

(c) to permit proper action in an emergency;

he may direct or halt traffic, according to his discretion, notwithstanding anything in this Part; and, for that purpose, he may erect or place temporary or emergency traffic control devices displaying instructions to persons using the highway.

Compliance with orders of peace officer.

76(2)

Every driver of a vehicle that is on a highway, and every pedestrian or other person on a highway

(a) shall immediately comply with an order of a peace officer as to stopping or moving, or approaching or departing from any place, or as to the manner of taking up or setting down passengers or loading or unloading goods; and

(b) in particular, and without restricting the generality of clause (a), shall, on a signal from a peace officer requiring him to do so, immediately bring to a stop any vehicle that he is driving or animal that he is riding, and shall not proceed until so directed by the peace officer.

BY TRAFFIC AUTHORITIES

Erection of traffic control devices.

77(1)

The traffic authority shall erect and maintain traffic control devices of such kind, and at such places, as are reasonably necessary to indicate or make known to drivers of motor vehicles

(a) when they are entering or leaving

(i) any municipality that constitutes, or is included in, a restricted speed area or a reduced restricted speed area, or

(ii) any other restricted speed area or a reduced restricted speed area;

(b) the beginning and end of each highway or part of a highway for which a maximum rate of speed has been fixed under subsection 98(1), 103(1), or 104(1);

(c) the beginning of each modified speed zone designated under subsection 98(6);

and, in each case, shall erect

(d) a sign facing traffic entering the restricted speed area or a reduced restricted speed area or modified speed zone or the highway or part of a highway to which reference is made in clause (b), and indicating the maximum rate of speed permissible in the area, zone, highway, or part of a highway; and

(e) a sign facing traffic leaving the area, zone, highway, or part of a highway

(i) indicating that the maximum rate of speed permissible is applicable no further, or

(ii) in the case of a modified speed zone, a sign indicating the maximum speed permissible on that part of the highway beginning at that place, for a vehicle leaving that modified speed zone.

Restricted speed area sign for Winnipeg.

77(2)

The City of Winnipeg may cause to be erected on any highway running from Provincial Trunk Highway 100 or 101, in or towards a restricted speed area lying in the area bounded by those Provincial Trunk Highways, and at the beginning of that restricted speed area,

(a) a sign facing traffic that is entering that restricted speed area, indicating that the maximum speed permissible in the restricted speed area is 50 kilometres an hour unless otherwise indicated; and

(b) a sign facing traffic that is leaving the restricted speed area to proceed on the highway toward Provincial Trunk Highway 100 or 101, indicating that the traffic, at that place, has left or is about to leave, the restricted speed area.

Signs on designated highways.

77(3)

In the case of a highway or portion thereof designated under subsection 97(1), it is sufficient compliance with subsection (1) if there is erected, at each end of the highway or portion thereof,

(a) a sign facing traffic entering the designated highway or portion thereof and indicating that the maximum speed permissible therein is 50 kilometres per hour; and

(b) a sign facing traffic leaving the designated highway or portion thereof and indicating that that the maximum speed to which reference is made in clause (a) is not thereafter applicable.

Signs in restricted speed areas.

77(4)

Where, in a municipality that is otherwise wholly within a restricted speed area, there is or are one or more highways,

(a) on which a rate of speed greater than 50 kilometres per hour is permissible; and

(b) in respect of which traffic control devices are in place as required under subsection (1);

it is a sufficient compliance with subsection (1) if there are erected, at each point where a highway to which clause (a) applies crosses the boundary of the municipality,

(c) a sign facing traffic entering the municipality, and indicating that the maximum speed permissible in the municipality is 50 kilometres per hour unless otherwise indicated; and

(d) a sign facing traffic leaving the municipality, and indicating that the traffic is at that point leaving the municipality.

Signs affecting speed in back lanes.

77(5)

Where a municipality has by by-law, made under section 103, fixed a lower rate of speed on back lanes than the speed permissible under subsection 95(1), it is sufficient compliance with subsection (1) if the municipality erects, at each point where a highway crosses the boundary of the municipality or in the case of The City of Winnipeg in accordance with subsection (2), a sign, of the type approved by the traffic board, facing traffic entering the municipality or the city indicating the maximum rate of speed permissible on back lanes in the municipality.

Fixing of lower rate of speed by traffic authority.

77(6)

Where a traffic authority or the traffic board has by by-law, order or regulation made under section 98, 103 or 104 fixed a lower rate of speed on highways situated within a park, resort or community than the speed permissible under subsection 95(1), it is sufficient compliance with this section if the traffic authority erects at each point of a highway entering the park, resort or community as described in the by-law, order or regulation, a sign of the type approved by The Highway Traffic Board, facing traffic entering the park, resort or community indicating the maximum speed permissible and a sign facing traffic leaving the park, resort or community indicating that the traffic is at that point leaving the park, resort or community.

Signs where construction work in progress.

77(7)

Where any portion of a highway is under construction, or where any reconstruction, widening, marking, repair thereof or other work with respect thereto is being carried on, the traffic authority may erect, not further from each end of that portion of the highway than 450 metres,

(a) a sign facing traffic entering upon the highway or portion thereof

(i) which shall indicate that work of some of the kinds mentioned in this subsection is being done on the highway or portion thereof, and

(ii) of which the design and dimensions have been approved as provided in section 81; and

(b) a sign facing traffic leaving the highway or portion thereof,

(i) which shall indicate that the highway or portion thereof to which the sign mentioned in clause (a) relates ends at that place, and

(ii) of which the design and dimensions have been approved as provided in section 81;

and the signs mentioned in clause (a) or other signs erected by the traffic authority may also indicate that men are working or equipment is being used on the highway or portion thereof and, if such is the case, that travel thereon is prohibited or that traffic shall proceed thereon only in the manner indicated by the signs.

Erection of signs by contractor.

77(8)

Where the government has entered into an agreement with a contractor for the construction or repair of a provincial highway or a part thereof, the Minister of Highways may authorize or require the contractor to exercise the authority vested in the minister, under subsection (7), to erect signs on that provincial highway or part thereof; and the minister may require the contractor to alter or remove any signs so erected.

Removal of signs.

77(9)

Where, under subsections (7) and (8), or either of those subsections, a traffic authority or a contractor has erected signs, when the work that is being done on the highway or any portion thereof is sufficiently completed to render it unnecessary for the signs to remain thereon, the traffic authority or the contractor, as the case may be, shall cause the signs to be removed.

Definition of "flagman".

77(10)

In this section, "flagman" means a person employed by a traffic authority, or a contractor doing work on behalf of a traffic authority, for the purpose of directing the movement of traffic on any portion of a highway under construction, or where repair work or other work is being carried on.

Observance of flagman's directions.

77(11)

Every driver of a vehicle shall obey and observe the directions given by a flagman.

Designation of pedestrian corridors.

78

A traffic authority may designate any crosswalk over which it has jurisdiction as a pedestrian corridor; but it shall not do so unless the traffic board has given written approval thereto.

Erection of "stop" or "arrêt" signs.

79(1)

A traffic authority may erect a "stop" or "arrêt" sign at an intersection or level railway crossing within the area over which the traffic authority has jurisdiction.

Illumination of "stop" or "arrêt" signs.

79(2)

Every "stop" or "arrêt" sign erected under subsection (1) shall be reflectorized and so placed as to be illuminated by the headlights of an approaching vehicle.

Traffic control devices to prohibit standing, etc.

79(3)

A traffic authority may erect appropriate traffic control devices on any highway

(a) to prohibit the stopping, standing, or parking of vehicles any time, or during hours stated on the traffic control devices, on the highway or any portion thereof; or

(b) to limit the time during which the vehicles may be parked on the highway or any portion thereof, and either during the whole of any day or during a part thereof as the traffic authority may consider necessary.

Erection of traffic control signals.

79(4)

A traffic authority may, at its discretion, erect and maintain traffic control signals of any of the kinds to which this section or section 88 applies at such places within the jurisdiction of the traffic authority as it may select.

Erection of other traffic control devices.

79(5)

A traffic authority may erect, on or adjacent to any highway over which it has jurisdiction, such other traffic control devices, in addition to those specifically authorized or required under this Act, as are necessary or advisable for the control of traffic in a manner required, authorized, or permitted under this Act, or as are necessary to give effect to any by-law or order that the traffic authority has power to make.

Temporary traffic control devices.

79(6)

A traffic authority or any person authorized by it may, in an emergency or while work of construction, repair, or painting is being carried on, place and maintain, or cause to be placed and maintained, or put into operation, such temporary traffic control devices as are required, while those conditions prevail, to control, regulate, or guide traffic in an orderly manner.

Four way stops.

79(7)

Where a traffic authority has erected at an intersection four "stop" or "arrêt" signs, it shall cause a sign approved by the traffic board to be displayed immediately below each "stop" or "arrêt" sign at the intersection that indicates that the intersection is controlled by four "stop" or "arrêt" signs.

PRESUMPTIONS

Presumption of proper erection of traffic control devices.

80

The existence on a highway of a sign, marking, poster, notice, or traffic control device such as is required or permitted by this Act, purporting to regulate the use of the highway in any manner, raises the prima facie presumption that the sign, marking, poster, notice, or traffic control device was duly erected and maintained by the proper authority pursuant to the power given by this Act and in accordance therewith.

TRAFFIC CONTROL DEVICES

Approval of traffic control devices.

81

No traffic control device shall be erected on a highway by any traffic authority, unless the design and dimensions thereof have been first approved by the traffic board, or by a person authorized by it in writing to give such an approval, or, in the case of provincial highways, by the Minister of Highways.

Imitative devices prohibited.

82(1)

No person shall erect or maintain, upon or in view of a highway, a device that purports to be, resembles, or interferes with the effectiveness of, a traffic control device unless he is authorized to do so by a traffic authority; and if such a device is erected or maintained without that authority, it may be removed by, or under the authority of,

(a) the mayor, reeve, or chief constable of the municipality in which it is situated; or

(b) the officer in command in Manitoba of the Royal Canadian Mounted Police Force; or

(c) the Minister of Highways where it is situated on a highway in respect of which the minister is the traffic authority;

or the representative of any of them duly authorized by him for that purpose.

Appeal against removal.

82(2)

Any person who deems himself aggrieved by the removal, under subsection (1), of a device, may appeal against the removal to the traffic board; and that board, on being satisfied that at least seven days notice in writing has been given to each other person concerned, shall hear the appeal and such relevant evidence as may be tendered with respect to the matter, and shall decide whether the removal was justified and make an order accordingly including, if deemed right, an order for the restoration of the device to the place whence it was removed.

Effect of order.

82(3)

An order made under subsection (2) is final and not subject to further appeal; and all persons concerned shall comply therewith.

Advertising prohibited.

83

No person shall place or maintain commercial advertising upon a traffic control device.

No passing zones.

84(1)

A traffic authority may, by a traffic control device, designate all or a portion of a roadway as a zone in which overtaking and passing is prohibited or a zone limited to driving on the right-hand side of the roadway.

One-way roadways.

84(2)

A traffic authority may, by a traffic control device, designate a roadway for one-way traffic and indicate the direction in which traffic thereon shall travel.

Compliance with traffic control devices.

85

Except when otherwise directed by a peace officer, every person shall obey the instructions or directions on, or conveyed by means of, an applicable traffic control device.

RESTRICTIONS ON USE OF HIGHWAY

Restrictions on use of highways.

86(1)

The traffic authority of a highway may

(a) where the traffic authority is a municipality, by resolution of the council thereof; and

(b) where the traffic authority is not a municipality, by written order;

prohibit the driving of vehicles on the highway or any part thereof, or impose restrictions as to the weight of vehicles driven on the highway or on any part thereof, for one or more periods not to exceed in the total ninety days in any year.

Penalty.

86(2)

Every person who contravenes, disobeys, or violates, or refuses, omits, neglects or fails to observe, obey or comply with any prohibition against the driving of vehicles upon a highway provided by a resolution or order made under subsection (1) is guilty of an offence and liable on summary conviction to a fine of not less than $25.00 or more than $100.00.

Penalty for exceeding weight restrictions.

86(3)

Every person who contravenes or fails to comply with any restriction with respect to the weight of vehicles being driven or operated on a highway as set out in a resolution or order made under subsection (1), is guilty of an offence and liable on summary conviction to a fine of $10.00 for each 50 kilograms or fraction thereof, by which the actual gross weight of the vehicle or axle assembly exceeds the maximum gross weight prescribed in the resolution or order, as the case may be.

Signs indicating restrictions.

86(4)

Where the traffic authority of a highway passes or makes a resolution or order under subsection (1), it shall erect and maintain traffic control devices designating the prohibition or restriction at each end of that portion of the highway affected thereby; and the prohibition or restriction shall not be effective unless traffic control devices are erected and maintained.

Regulations Act not to apply.

86(5)

The Regulations Act does not apply to a resolution or order passed or made under subsection (1), and the resolution or order is not required to be filed under that Act.

Highway traffic inspection stations.

86(6)

The traffic authority may establish at any place thereon a permanent or temporary inspection station, which shall be identified by means of a traffic control device bearing such words as may be prescribed by regulations.

Trucks required to stop.

86(7)

When a station has been established and the proper traffic control device displayed, every truck other than such trucks as may be exempted by the regulations, passing or about to pass the station shall stop for inspection, and shall not proceed unless permitted to do so by the inspector or other person in charge of the station or by a peace officer.

Trucks to stop after passing sign.

86(8)

Where an inspection station has been established and the proper traffic control device displayed on the highway within 2 kilometres thereof, every driver of a truck passing the traffic control device shall proceed directly to and stop at the inspection station for inspection and shall not proceed therefrom unless

(a) he is permitted to do so by the inspector or other person in charge of the station; or

(b) he is directed to do so by a peace officer; or

(c) a sign is displayed indicating that the inspection station is closed.

Co-operation by driver.

86(9)

A person who has taken his vehicle to scales or has stopped his vehicle at a Highway Traffic Inspection Station, as required under this section, shall render such reasonable assistance to a peace officer or inspector in the weighing or inspection of the vehicle as the peace officer or inspector requires.

Vicarious responsibility.

86(10)

For the purposes of this section a person shall be conclusively deemed to have caused or permitted a vehicle to be driven or moved if the vehicle is driven by another person who

(a) is the employee or agent of the person first mentioned; and

(b) while driving or moving the vehicle is acting within the general scope of his employment.

VEHICLES UNDER PERMIT

Permits to move certain vehicles and objects on highway.

87(1)

If the owner complies with The Manitoba Public Insurance Corporation Act and the regulations made thereunder, as amended from time to time, in respect of the payment of any insurance premium prescribed under that Act or those regulations, the traffic authority may, in its discretion, issue a special permit authorizing the driving of a vehicle or the moving of an object over, upon, or along, the highway although such driving or moving is not otherwise permitted by this Act or the regulations.

Imposition of conditions.

87(2)

In granting a permit under this section the authority may require the vehicle or object to be driven or moved under such conditions as it may impose and where conditions are imposed, the permittee shall comply with those conditions.

Production of permit or permit number.

87(3)

Where, under subsection (1) a permit is issued to a person and the person has taken delivery of the permit, the permit shall be carried with the vehicle or object to which it refers; but where the permit is issued to a person and the person has not taken delivery thereof, upon request by a peace officer to produce the permit, the person may provide the relevant valid permit number.

Detention and removal of vehicles and objects.

87(4)

Where a vehicle or an object in respect of which a permit is issued under subsection (1) is driven or moved over, upon, or along, a highway in contravention of conditions imposed in granting the permit, a peace officer may detain the vehicle or object and may remove it, or cause it to be removed, from the highway at the expense of the owner thereof.

Actions Tor damages prohibited.

87(5)

No action lies against a peace officer or against the government or a municipality for loss or damage suffered by any person resulting from the enforcement of, or compliance with, subsection (4).

Limited permits.

87(6)

A traffic authority may issue a permit under subsection (1)

(a) authorizing the driving of a vehicle identified in the permit or the moving of an object described in the permit

(i) during one particular journey by a route specified in the permit, and

(ii) during a period specified in the permit or without limitation as to time; or

(b) authorizing the driving of vehicles or the moving of objects of a kind or nature specified in the permit, during such period as may be specified in the permit or without limitation as to time.

Fees for permits.

87(7)

The authority issuing a permit under subsection (1) may charge,

(a) where the permit is for gross weight in excess of the weight limit on the highway, the prescribed fee; and

(b) where the permit is for any other matter in respect of which the driving of the vehicle is not otherwise permitted by this Act or the regulations, the prescribed fee.

Offence and penalty.

87(8)

Every person who contravenes or fails to comply with any provision of this section or any condition imposed under subsection (2) is guilty of an offence and liable, on summary conviction,

(a) for a first offence to a fine of not less than $100.00 or more than $200.00;

(b) for a second offence to a fine of not less than $200.00 or more than $500.00;

(c) for a third or subsequent offence, to a fine of not less than $500.00 or more than $1,000.00;

and in addition the registration of the motor vehicle may be suspended for any period not exceeding six months, and he is also liable to imprisonment for a term not exceeding sixty days.

TRAFFIC CONTROL SIGNALS

Compliance with traffic control signals.

88(1)

Every driver and every pedestrian shall obey the instructions of a traffic control signal in accordance with this section, unless directed to do otherwise by a peace officer.

Crossing in crosswalks.

88(2)

Where, at any place on a highway, it is permissible for a pedestrian to cross the highway, he shall do so in the crosswalk, if any, that is established at that place.

Green traffic control light at intersections.

88(3)

When a green traffic control light alone, either steady or flashing, is shown at an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching the intersection and facing the light, subject to section 132,

(i) may proceed across the intersection or turn left or right, subject to a traffic control device prohibiting any such movement, and

(ii) shall yield the right-of-way to other traffic lawfully within the intersection or within an adjacent crosswalk at the time the light is shown; and

(b) a pedestrian facing the light may proceed, as quickly as is reasonably possible, across the roadway in the direction of the traffic control signal, subject to any pedestrian control signal directing him otherwise, and while so proceeding across the roadway has a right-of-way over all vehicles.

Green traffic control light not at intersections.

88(4)

When a green traffic control light alone is shown at a place other than an intersection by a traffic control signal, subject to section 132,

(a) the driver of a vehicle at or approaching a facing the light

(i) may proceed to pass the traffic control signal, and

(ii) shall yield the right-of-way to any pedestrian still in the roadway or on a crosswalk adjacent to the traffic control signal when the green light begins to be shown;

(b) a pedestrian facing the light may proceed as quickly as is reasonably possible across the roadway in the direction of the traffic control signal, subject to any pedestrian control signal directing him otherwise, and while so proceeding across the roadway has a right-of-way over all vehicles.

Yellow traffic control light at intersection.

88(5)

When a yellow or amber traffic control light is being shown at an intersection by a traffic control signal following or accompanying a green traffic control light,

(a) the driver of a vehicle at or approaching the intersection and facing the light shall not enter the intersection, unless he can leave it before a red traffic control light or such other signal as next follows, begins to be shown; and

(b) a pedestrian,

(i) if facing the light, shall not begin to cross the roadway until a pedestrian control signal or traffic control light permitting him to do so begins to be shown, and

(ii) if proceeding across, and still in, the roadway and facing such a traffic control light that begins to be displayed after he entered the roadway,

(A) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and

(B) has a right-of-way for that purpose over all vehicles.

Yellow traffic control light not at a controlled intersection.

88(6)

When a yellow or amber traffic control light is being shown at a place other than an intersection by a traffic control signal following or accompanying a green traffic control light,

(a) the driver of a vehicle at or approaching and facing the light shall not proceed past the traffic control signal or enter the crosswalk, if any, adjacent to the traffic control signal unless he can leave the crosswalk, if any, and be past the traffic control signal before a red traffic control light, or such other signal as next follows, begins to be shown;

(b) the pedestrian, if intending to cross the roadway, or to cross in a crosswalk, if any, adjacent to the traffic control signal, shall wait until either

(i) the traffic control signal facing the vehicular traffic shows a red traffic control light, or

(ii) a pedestrian control signal or traffic control light permitting him to cross the roadway adjacent to the traffic control signal is shown; and

(c) a pedestrian, if proceeding across, and still in, the roadway and facing such a traffic control light that begins to be shown after he entered the roadway,

(i) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and

(ii) has a right-of-way for that purpose over all vehicles.

Red traffic control light at intersection.

88(7)

When a red traffic control light alone or with a pedestrian control signal is shown at an intersection by a traffic control signal, subject to subsection (16),

(a) the driver of a vehicle at or approaching the intersection and facing the light or signal,

(i) shall stop the vehicle at a clearly marked stop line or, if none, then immediately before entering the crosswalk on the near side of the intersection or, if none, then immediately before entering the intersection, and

(ii) shall not proceed until a traffic control light permitting the movement of the vehicle into the intersection is shown;

(b) a pedestrian facing the light or signal shall not begin to cross the roadway until a pedestrian control signal or traffic control light permitting him to enter the roadway is shown; and

(c) a pedestrian, if proceeding across, and still in, the roadway and facing such a traffic control light or signal that begins to be shown after he entered the roadway

(i) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and

(ii) has a right-of-way for that purpose over all vehicles.

Red traffic control light not at intersection.

88(8)

When a red traffic control light alone is shown at a place other than an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching and facing the light

(i) shall stop the vehicle at a clearly marked stop line or, if none, then immediately before entering the crosswalk on the near side of the light or, if none, then immediately before reaching the light, and

(ii) shall not proceed until a traffic control light permitting him to pass the traffic control signal is shown;

(b) a pedestrian facing the light shall not begin to cross the roadway until a pedestrian control signal or traffic control light permitting him to enter the roadway is shown; and

(c) a pedestrian, if proceeding across, and still in, the roadway and facing such a traffic control light that begins to be shown after he entered the roadway

(i) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and

(ii) has a right-of-way for that purpose over all vehicles.

Green arrow or green arrow with red light.

88(9)

When a green arrow traffic control light or a green arrow in conjunction with a red traffic control light, is shown at an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching the intersection and facing the traffic control light or green arrow

(i) may enter the intersection to make only the movement indicated by the arrow, and

(ii) shall yield the right-of-way to other traffic lawfully within the intersection or within a crosswalk adjacent to the traffic control signal; and

(b) a pedestrian facing the traffic control light or arrow shall not begin to cross the roadway until a pedestrian control signal or traffic control signal permitting him to enter the roadway is shown.

Red flashing traffic control light at intersection.

88(10)

When a red flashing traffic control light is shown at an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching the intersection and facing the light shall stop the vehicle

(i) where there is no crosswalk, at a clearly marked stop line, or

(ii) before entering the crosswalk marked out by lines, on the near side of the intersection, or

(iii) when there is neither a stop line nor a marked out crosswalk, at the point nearest the intersecting highway from which the driver has a view of approaching traffic on the intersecting highway, and, having stopped, he shall yield the right-of-way to traffic that has entered the intersection upon the intersecting highway or that is approaching thereon and is so close that it constitutes an immediate hazard; and he shall not proceed unless he can do so in safety; and

(b) a pedestrian facing the light may proceed across the roadway, and has a right-of-way for that purpose over all vehicles.

Red flashing traffic control light not at intersection.

88(11)

When a red flashing traffic control light is shown at a place other than an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching and facing the light

(i) shall stop the vehicle at a clearly marked stop line or, if none, then immediately before reaching the crosswalk on the near side of the light or, if none, then immediately before reaching the traffic control signal, and

(ii) having stopped, shall yield the right-of-way to all pedestrians in the roadway or in a crosswalk adjacent to the traffic control signal, and

(iii) having yielded, shall not proceed unless he can do so in safety; and

(b) a pedestrian facing the light may proceed across the roadway, and has a right-of-way for that purpose over all vehicles.

Yellow flashing traffic control light at an intersection.

88(12)

When a yellow or amber flashing traffic control light is shown at an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching the intersection and facing the light

(i) may enter the intersection only with caution, and

(ii) shall yield the right-of-way, stopping if necessary, to a pedestrian

(A) who is within the intersection or a crosswalk adjacent to the traffic control signal, or

(B) who is crossing a roadway within a crosswalk and is upon the half of the roadway upon which the vehicle is travelling, or is approaching from the other half of the roadway and is so close that he is in danger; and

(b) a pedestrian facing the light may proceed across the roadway, and has a right-of-way for that purpose over all vehicles.

Yellow flashing traffic control light not at intersection.

88(13)

When a yellow or amber flashing traffic control light is shown at a place other than an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching and facing the light,

(i) may pass the traffic control signal only with caution, and

(ii) shall yield the right-of-way, stopping if necessary, to a pedestrian

(A) still in the roadway or who is within a crosswalk adjacent to the traffic control signal, or

(B) who is crossing a roadway within a crosswalk and is upon the half of the roadway upon which the vehicle is travelling, or is approaching from the other half of the roadway and is so close that he is in danger; and

(b) a pedestrian facing the light may proceed across the roadway, and has a right-of-way for that purpose over all vehicles.

Action of pedestrian when "walk" or "traversez" is shown.

88(14)

When the word "walk" or "traversez" or a visual symbol indicating that a person may proceed to cross the roadway is shown by a pedestrian control signal, a pedestrian facing the signal may proceed across the roadway in the direction of the signal and while so proceeding across the roadway has a right-of-way over all vehicles.

"Wait" or "attendez", etc., pedestrian control signal.

88(15)

When a traffic control light exhibiting the word "wait" or "don't walk" or "attendez", or a visual symbol indicating that pedestrians are to wait, is shown by a pedestrian control signal,

(a) a pedestrian facing the traffic control light shall not begin to cross the roadway until the word "walk" or "traversez" or a visual symbol indicating that pedestrians may proceed, is shown by the pedestrian control signal; and

(b) a pedestrian, if proceeding across, and still in, the roadway and facing a traffic control light exhibiting the word "wait" or "don't walk" or "attendez", or a visual symbol indicating that pedestrians are to wait, that begins to be shown after he entered the roadway, shall proceed across the roadway or, in the case of a divided highway, both roadways as quickly as is reasonably possible; and he has a right-of-way for that purpose over all vehicles.

Right turn on red light.

88(16)

Except where there is at the intersection a traffic control device indicating otherwise, where a red traffic control light alone or with a pedestrian control signal is shown at an intersection, the driver of a vehicle at or approaching the intersection and facing the traffic control light, having stopped and yielded the right-of-way to traffic that had entered the intersection upon the intersecting highway or that is approaching thereon and is so close that it constitutes an immediate hazard, may, if he can do so in safety, enter the intersection and make a right turn into the intersecting highway.

Flashing green arrow.

88(17)

When a flashing green left pointing arrow traffic control light, in conjunction with a green traffic control light, is shown at an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching the intersection and facing the flashing green arrow

(i) may proceed across the intersection or turn right, subject to a traffic control device prohibiting any such movement,

(ii) may proceed through the intersection to make a left turn and has the right-of-way over all other traffic to make that movement, and (iii) shall yield the right-of-way to other traffic lawfully within the intersection or within an adjacent crosswalk at the time the light is shown; and

(b) a pedestrian facing the flashing green arrow shall not begin to cross the roadway until a pedestrian control signal or traffic control signal permitting him to enter the roadway is shown.

Entering or crossing intersections with traffic control lights.

88(18)

Notwithstanding any other provision of this Act, no driver of a vehicle shall enter or proceed across an intersection controlled by a traffic control light which, at the time, permits the movement, unless there is sufficient space on the other side of the intersection to accommodate the vehicle without obstructing the passage of pedestrians proceeding within a crosswalk or pedestrian corridor, or other traffic that, in either case, is proceeding or is permitted to proceed lawfully.

Left turn on red light.

88(19)

Notwithstanding subsection (7), and except where there is at the intersection a traffic control device indicating otherwise, where a red traffic control light alone, or with a pedestrian control signal, is shown at an intersection of 2 one-way highways, the driver facing the red traffic control light and intending to make a left turn onto the other one-way highway shall

(a) stop the vehicle at a clearly marked stop line, or if none, immediately before entering the crosswalk on the near side of the intersection or, if none, immediately before entering the intersection;

(b) yield the right-of-way to traffic and pedestrians that had entered the intersection or that is approaching it and is so close as to constitute an immediate hazard; and

(c) having yielded the right-of-way to all other traffic may, if he can do so in safety, enter the intersection and make a left turn into the other one-way highway.

BY MUNICIPAL AUTHORITY

Certain municipal by-laws respecting motor vehicles prohibited.

89

Except as in this Act otherwise provided, the council of a municipality shall not pass, enforce, or maintain any by-law

(a) requiring from any owner of a motor vehicle or a driver or chauffeur thereof, or a dealer holding a valid and subsisting permit under this Act, any tax, fee, licence, or permit for or on account of the ownership or use of motor vehicles; or

(b) excluding any of such persons from the use of a highway, except any driveway, speedway, or road that has been expressly set apart, by by-law, for the exclusive use of horses and light carriages; or

(c) that in any way affects the registration or numbering of motor vehicles; or

(d) regulating the speed of motor vehicles on a highway; or

(e) forbidding the use of any highway, contrary to or inconsistent with this Act;

and any by-law, or the provisions thereof, contrary to this section is or are of no validity or effect.

Making of certain rules and by-laws by traffic authorities.

90(1)

A traffic authority may classify vehicles according to dimensions, design, weight, kind of weight carried or otherwise, for any class or all classes of vehicles and may make rules or by-laws supplementary to, or in addition to, but not contrary to, any provision of this Act or regulations made thereunder and applicable on highways over which the traffic authority has jurisdiction or within any area over which the traffic authority has jurisdiction, with respect to

(a) parking, stopping, and standing of vehicles;

(b) obstruction of traffic;

(c) one-way streets or one-way roadways;

(d) prescribing routes of travel;

(e) pedestrian traffic;

(f) loading zones and bus stops;

(g) safety zones;

(h) preventing drivers of motor vehicles from making unnecessary noise in the vicinity of hospitals;

(i) preventing turning otherwise than at intersections, and otherwise regulating such turning;

(j) traffic on streets in the vicinity of public schools;

(k) traffic at intersections;

(l) traffic lanes;

(m) prohibiting the operation of such off-road vehicles as may be specified in the rule or by-law, as the case may be, within 70 metres of a place of residence or in such other places as may be specified in the rule or by-law;

(n) the directions that vehicles must follow on certain streets or roadways; and may impose penalties for a violation of any such rule or by-law.

Penalty to be imposed by by-law.

90(2)

Where the traffic authority imposing a penalty under subsection

(l) is a municipality, the council of the municipality shall impose the penalty by by-law.

Rules affecting provincial highways.

90(3)

Notwithstanding subsection (1), the council of a city, town, or village other than The City of Winnipeg may make rules as provided in subsection (1) applicable to any part of a provincial highway within the municipality; but no such rule has effect unless approved in writing by the Minister of Highways and published, together with the written approval of the minister, in one issue of The Manitoba Gazette.

Withdrawal or approval.

90(4)

The Minister of Highways may, by a notice in writing signed by him, withdraw an approval given by him under subsection (3); but the withdrawal is not effective unless the notice has been published in one issue of The Manitoba Gazette, and upon such publication any rule made under subsection (3) is void.

Notice of rules.

90(5)

The council or other traffic authority concerned shall cause every rule made under subsection (1) or (3), that is supplementary to, or in addition to, the rules prescribed in this Part to be indicated or made known to drivers by traffic control devices or by peace officers.

Nature of traffic control device.

90(6)

Subject to section 81, a traffic control device to which reference is made in subsection (5) shall consist of a sign containing a verbal notice, command, caution, or warning, or of a representation of an arrow or other symbol or device, or both.

Compliance with rules.

90(7)

Where a rule made under subsection (1) is indicated or made known to drivers as required by subsection (5), every driver shall obey the rule.

Supplementary rules.

90(8)

A rule made under subsection (1) may supplement section 88 by authorizing traffic control signals showing traffic control lights and signals for which provision is not made in that section; but, no such rule shall alter, or purport to alter, the meaning or effect required, under this Act, to be given to a traffic control light or signal for which provision is made in section 88, or alter, or purport to alter, the manner in which drivers and pedestrians shall comply with such a traffic control light or signal.

Powers of Minister of Highways.

90(9)

Subject to subsection (10), the Minister of Highways has, with respect to

(a) provincial highways; and

(b) forest reserves owned or administered by Her Majesty to which subsection 104(1) applies;

the powers that a municipality has under subsections (1) and (8), subject to limitations and restrictions the same as those imposed under subsections (5) and (8); and drivers are under the same obligations with respect to a rule made under this subsection as is imposed on them under subsection (7) with respect to a rule made under subsection (1).

Application of Regulations Act.

90(10)

A rule made under subsection (9) is a regulation to which The Regulations Act applies; but, notwithstanding that Act, it has effect only on, from, and after, a date one week after the date of The Manitoba Gazette in which it is published.

Permit to hold parades, motorcades etc., on provincial highways.

90(11)

Unless the traffic authority has temporarily closed a provincial highway or any portion thereof to other traffic, no person, organization or club shall conduct, hold or operate a caravan, motorcade, parade, rally or other special event on a provincial highway unless a permit therefor has been issued by the Officer Commanding the Royal Canadian Mounted Police or any person authorized by him for the purpose.

Permit may be subject to terms and conditions.

90(12)

The Officer Commanding may issue a permit under subsection (1) and make it subject to such conditions as to him appears necessary to ensure the safety of the public and the participants; and the person, organization or club shall comply with any conditions stated in the permit.

Safety zones.

91

When a municipality establishes a safety zone, it shall cause the zone to be so plainly marked or indicated by proper signs and lights as to be plainly visible at all times.

Closing unsafe bridges, etc.

92(1)

Where it appears to a traffic authority having jurisdiction over the bridge, causeway or viaduct, that the bridge, causeway or viaduct is unsafe for traffic,

(a) where the minister is the traffic authority, he may, by a written order; or

(b) where a municipality or local government district is the traffic authority, it may by by-law;

close or restrict the use of the bridge, causeway or viaduct for such time as is set out in the order or by-law, and impose terms and conditions in respect of those restrictions or that closing as to him or it seem necessary to insure the safety of persons.

Notice of closing or restrictions.

92(2)

Where, under subsection (1), the traffic authority having jurisdiction over a bridge, causeway or viaduct, has closed or restricted the use of the bridge, causeway or viaduct, the traffic authority shall cause a notice of closure or restriction to be posted in a conspicuous place on the highway at a distance from each end of the bridge, causeway or viaduct, sufficient to give reasonable warning to drivers of vehicles approaching the bridge, causeway or viaduct, of the restriction or closure.

Restriction of weight on bridges.

92(3)

Notwithstanding anything in this Act, any traffic authority may restrict the gross weight of any vehicle that may be driven over or on any bridge, causeway, or viaduct that is within its jurisdiction; and the traffic authority shall cause a notice of any such restriction to be posted up in a conspicuous place on the highway at a distance from each end of the bridge sufficient to give reasonable warning of the restriction to drivers of vehicles approaching the bridge.

Approval of by-laws.

92(4)

A by-law of a municipality or local government district passed under subsection (1) or (3) does not come into effect unless approved by the traffic board; and, in the case of a by-law under subsection (1), the municipality or local government district shall erect and maintain adequate barricades and warning notices in respect of the bridge, causeway, or viaduct so closed.

Municipal by-laws prohibiting standing, etc.

93

The council of a municipality by which a traffic control device has been erected under subsection 79(3) may, by by-law,

(a) provide that no person shall stop, stand, or park, a vehicle on the highway or portion thereof to which the sign relates in contravention of the traffic control device or for a period longer than, or otherwise than, as authorized by the traffic control device;

(b) provide that any person who causes or permits a vehicle to remain stationary in any portion of a highway during a period when stopping on that portion thereof is prohibited as indicated by a traffic control device is guilty of an offence; and

(c) impose penalties for any breach of the by-law.

REWARDS

Rewards for apprehending persons stealing motor vehicles.

94(1)

By-laws may be passed by the council of a municipality for paying, on the conviction of the offender and on the order of the judge or justice before whom the conviction is had, a reward of not less than $20.00 to any person who pursues and apprehends or causes to be apprehended any person stealing a motor vehicle within the municipality.

Amount of reward.

94(2)

The amount payable shall be in the discretion of the judge or justice, but shall not exceed the amount fixed by the by-law.

DIVISION II

SPEED RESTRICTIONS

GENERAL PROVISIONS

Speed limit in particular cases.

95(1)

Subject to subsections 98(1) to (5), no person shall drive a vehicle at a rate of speed greater than

(a) 50 kilometres an hour within any restricted speed area if it and the maximum speed permissible therein are designated by signs erected as herein required; or

(b) the maximum speed permissible at any other place as designated by signs erected as herein required or authorized; or

(c) 90 kilometres per hour in all places not mentioned in clauses (a) or (b).

Where passing other vehicles prohibited.

95(2)

No person driving a vehicle shall overtake or pass another vehicle while the other vehicle is passing

(a) an institution for the blind or the grounds thereof; or

(b) a school building or the grounds thereof

(i) within fifteen minutes before the opening of morning classes or afternoon classes in the school, or

(ii) within fifteen minutes of closing of morning classes or afternoon classes in the school; or

(c) the grounds of a school building or of an institution for the care of children, or grounds on which there is a playground or rink, while children are on the highway adjacent to those grounds; or

(d) persons engaged in constructing, maintaining, or repairing the highway; if the existence at that place of the institution, school building, playground, rink, or persons so engaged, is indicated, in each case, by a traffic control device.

Reasonable and prudent speed.

95(3)

No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent or in a manner that is not reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing; and, without restricting the generality of the foregoing, no person shall drive a vehicle on a highway at a speed otherwise permitted under this Act where

(a) the presence of a child on or near the highway, whether or not he is in close proximity to the grounds of a school building or a playground, dictates, in the interest of safety, a slower speed or the temporary stopping of a vehicle; or

(b) any factor exists in the face of which failure to reduce that speed, or to stop the vehicle temporarily, constitutes a danger to any person or property visible to the driver.

Speed on service road.

96(1)

Where a divided highway consists of 2 separate roadways and 1

or more service roads, notwithstanding the rate of speed permitted on the roadways of the divided highways that are not service roads, no person shall drive a vehicle on the service road

(a) where the service road is within a city, town or village, at a rate of speed that is greater than the lesser of

(i) 50 kilometres per hour, or

(ii) the speed permitted on the roadways of the divided highway that are not service roads; and

(b) where the service road is not within a city, town or village, at a rate of speed that is greater than the lesser of

(i) 90 kilometres per hour, or

(ii) the speed permitted on the roadways of the divided highway that are not service roads.

Meaning of "service road".

96(2)

In this section, "service road" means a roadway that is part of a divided highway and that is designed and constructed for use of local traffic as distinct from through traffic.

RESTRICTED OR INCREASED SPEED AREAS

Designation of restricted speed areas.

97(1)

The traffic board may make orders designating

(a) any municipality or part of a municipality;

(b) any part of unorganized territory; and

(c) any highway or part of a highway;

as a restricted speed area.

Limitation to parts of year.

97(2)

An order made under subsection (1) or subsection 98(2) may designate any area, highway, or part of a highway, to which those subsections refer to be a restricted area or reduced restricted speed area during only such period or periods, in any year, as may be specified in the order; and, in that event, the traffic control devices erected under section 77 respecting the restricted speed area or reduced restricted speed area shall be removed by the traffic authority at the close of each such period.

Exclusion of certain areas.

97(3)

The traffic board may make orders excluding from a restricted speed area any municipality or part of a municipality or any highway or part of a highway, whether provision for the inclusion thereof in a restricted speed area is specifically made in this Act or it has been included therein by order of the traffic board.

Existing restricted speed areas continued.

97(4)

Every highway or portion of a highway that, on the coming into force of this Act, is a restricted speed area is, and shall continue to be, a restricted speed area as if designated by the traffic board until such time as the traffic board, by order, otherwise directs.

Copies of orders to traffic authorities.

97(5)

Upon making an order under this section the traffic board shall forthwith send a copy thereof to the traffic authority having jurisdiction in the area, or over the highway, to which the order applies.

Order permitting higher speed limit.

98(1)

The traffic board may make orders fixing, for any highway or portion of a highway designated in an order, the maximum speed permissible thereon which may be more than 90 kilometres per hour as mentioned in clause 95(1)(c), but shall not be more than 110 kilometres per hour.

Lower rate of speed.

98(2)

The traffic board may make orders fixing for any

(a) municipality or part of a municipality;

(b) part of an unorganized territory; and

(c) highway or part of a highway;

designated in the order, the maximum speed permissible which may be less than 50 kilometres per hour.

Expiration of order.

98(3)

An order made under subsection (1), unless sooner confirmed by an order of the Lieutenant Governor in Council, ceases to be in force and effect on the expiration of one hundred and twenty days from the time when it comes into force.

Copies of orders to traffic authorities.

98(4)

Upon making an order under subsection (1), the traffic board shall forthwith send a copy thereof to the traffic authority having jurisdiction over the highway to which the order applies.

Compliance with orders.

98(5)

Where an order made under subsection (1) has been indicated or made known to drivers as required by subsection 76(1), no person shall drive a vehicle on a highway or portion of a highway in respect of which the order is in force and effect and at a speed greater than that permissible under the order; and clauses 95(1)(c) and (d) do not apply in respect of that highway or portion of a highway while the order is in force and effect in so far as those clauses are inconsistent with the order.

Modified speed zones.

98(6)

Notwithstanding subsection 95(1), the traffic board may, by order, designate any highway as a modified speed zone; and, for each modified speed zone, shall fix the maximum speed for vehicles being driven in the zone, which shall be

(a) not greater than the speed mentioned in clause 95(1)(c); and

(b) not less than 50 kilometres per hour;

and the order may designate any highway or part of highway to be a modified speed zone during such period or periods, in any year, as may be specified in the order; and in that event, the traffic control device erected under section 77 respecting the modified speed zone shall be removed by the traffic authority at the end of each such period.

Speed limit in modified speed zones.

98(7)

No person shall drive a vehicle on a highway that has been designated as a modified speed zone and in respect of which traffic control devices have been erected and are maintained as required by subsection 77(1), at a rate of speed greater than the maximum speed fixed for that zone.

Copies of orders to traffic authorities.

98(8)

Upon making an order under subsection (2) or (6), the traffic board shall forthwith send a copy thereof to the traffic authority having jurisdiction over the highway.

Determination of speed on guilty pleas.

99

Where a person pleads guilty to an offence under subsection 95(1), 98(5) or 98(7), the report of a peace officer as to the speed at which the person accused was driving the vehicle at the time the offence was committed, as determined by a speedometer or a speed timing device, is prima facie proof of the speed at which the accused was driving the vehicle.

Orders fixing minimum speed.

100(1)

The traffic board may make an order fixing, for any highway or portion of a highway designated in the order, the minimum speed permissible thereon.

Copies of orders to traffic authorities.

100(2)

Upon making an order under subsection (1), the traffic board shall forthwith send a copy thereof to the appropriate traffic authority with respect to the highway to which the order applies.

Erection of traffic control devices.

100(3)

Where the traffic board makes an order under subsection (1), the traffic authority shall erect and maintain "Stop" or "Arrêt" signs, "Yield" or "Cédez le passage" signs, or traffic control devices at the intersection of all other highways with the highway or portion thereof to which the order applies, and shall erect and maintain at each end of the highway or the portion thereof to which the order applies and along the highway or portion thereof at intervals of not more than 4 kilometres, signs indicating the minimum rate of speed allowed thereon.

Order of peace officer directing increased speed.

100(4)

Where the driver of a motor vehicle is driving at such a slow speed that he is impeding or blocking the normal and reasonable flow of traffic or is driving at a rate less than the minimum fixed under subsection (1), a peace officer may require him to increase his rate of speed or to remove the vehicle from the highway.

Regulations to decrease maximum speed.

101

Notwithstanding any other provision of this Act, the Lieutenant Governor in Council may, by regulation, decrease the maximum rate of speed on all highways, designated highways or portions thereof.

Compliance with orders.

102

No person shall drive a motor vehicle on a highway in respect of which an order has been made under subsection 100(1), and in respect of which traffic control devices have been erected and are maintained as required under subsection 100(3), at a rate of speed less than the minimum speed fixed for that highway or portion thereof, unless

(a) he is impeded by other traffic travelling on the highway or by the condition of the highway or the weather; or

(b) he is decelerating in compliance with the instructions on a traffic control device erected on the highway; or

(c) he is decelerating for the purpose of turning from the highway or stopping in compliance with the provisions of this Act; or

(d) he is complying with the order of a peace officer.

MUNICIPAL JURISDICTION AS TO SPEED

Speed fixed by by-law.

103(1)

Subject to subsections (2), (3) and (4), the council of a municipality or the council of an Indian band on an Indian Reservation may, by by-law, fix the maximum speed at which vehicles, or any one or more classes of vehicles specified in the by-law, may be driven on any highway or part thereof, of which the municipality or the council of the band is the traffic authority and that is described in the by-law and the by-law may set out the speed limit for such period or periods, in any year, as may be specified therein and, in that event, traffic control devices erected under section 77 shall be removed by the traffic authority at the end of each period.

Limitation on speed fixed.

103(2)

The maximum speed fixed in a by-law passed under subsection (1) shall not be greater than the maximum speed permissible under subsection 95(1), or fixed pursuant to section 98 in respect of a vehicle, or of a highway or portion of a highway, to which each of those provisions respectively applies.

Approval of traffic board.

103(3)

After the first reading and before the second reading of a by-law passed under subsection (1), the council of the municipality or the council of the Indian band, as the case may be, shall submit the by-law to the traffic board for its approval; and that board, after the consideration of the circumstances, if it deems that the passing of the by-law would be in the public interest, may approve it.

By-law to be approved by traffic board.

103(4)

A by-law passed under subsection (1) is not valid unless before the final passing thereof, it has been approved by the traffic board.

Jurisdiction of traffic board where no municipality.

103(5)

With respect to any highway not in a municipality, the traffic board may exercise, by its order, the powers that a municipal council has under subsection (1).

Speed to be expressed in kilometres per hour.

103(6)

Any provision of a by-law enacted under this section or under section 104 or 105 fixing the maximum speed at which vehicles, or any one or more classes of vehicles, may be driven on any highway or part thereof that, after the expiration of 3 months after the coming into force of this subsection, does not express the maximum speed in kilometres per hour is of no effect and unenforceable.

Speed limit in parks.

104(1)

Notwithstanding any other provision of this Act

(a) the municipal council or other traffic authority having jurisdiction over a park or parkway; and

(b) in the case of forest reserves owned and administered by Her Majesty in right of the province, the traffic board;

may, by by-law, order, or regulation, as the case may be, fix the maximum rate of speed to be observed by drivers of vehicles in the park, parkway, or forest reserve while signs are maintained as required under section 77.

Copies of orders to ministers.

104(2)

Upon making an order or regulation under subsection (1), the traffic board shall forthwith send a copy thereof to the Minister of Highways and the Minister of Mines and Natural Resources.

Effect of subsec. (1).

104(3)

Subsection (1) has effect notwithstanding that the Minister of Highways is the traffic authority in respect of the forest reserves and parks to which clause (1)(b) applies.

Limitation of speed on bridges.

105(1)

A council of a municipality that is the appropriate traffic authority with respect to a highway may, by by-law, limit the rate of speed of any vehicle passing over a bridge, causeway, or viaduct, and may therein fix a penalty not exceeding $20.00 for each breach thereof, while notices are maintained as required under subsection (4).

By-laws by two municipalities.

105(2)

Where two municipalities have jurisdiction over a bridge, each municipality may pass a like by-law under subsection (1) limiting the rate of speed, or one of the municipalities may do so with the approval of the Minister of Municipal Affairs.

Approval of traffic board.

105(3)

A by-law passed under subsection (1) or (2) is not valid unless, in addition to any approval that may be required under subsection (2), before the final passing thereof it is approved by the traffic board.

Notices respecting speed limits.

105(4)

Where

(a) a municipal council passes a by-law under subsection (1); or

(b) the Lieutenant Governor in Council makes regulations as provided in section 319,

(i) limiting the rate of speed at which any vehicle or class of vehicles may be driven over or on any bridge,

(ii) prescribing the days and hours within which any vehicle or class of vehicle may not be operated on any highway or any portion thereof,

(iii) prohibiting at certain times or at all times the operation of any vehicle or class of vehicles upon any specific highway or any portion thereof;

in the case of a by-law passed under subsection (1),

(c) the municipal council shall cause to be posted up and maintained in a conspicuous place at each end of the bridge, causeway, or viaduct, a notice stating the maximum speed fixed by the by-law; and in the case of regulations made as mentioned in clause (b),

(d) the minister shall send a copy of the regulations to the appropriate traffic authority which shall erect adequate signs in conspicuous places on the highway or highways indicating the restrictions imposed by any regulations that have been made.

Posting of other speed limits.

105(5)

A municipal council may cause to be posted and maintained in a suitable place any other notice that it considers necessary or advisable respecting any limit of speed.

Size of notices.

105(6)

Any notice required or authorized under clause (4) (c), shall be in letters and figures at least 125 millimetres in height.

Regulations by Minister of Highways.

105(7)

In the case of a bridge, causeway, or viaduct on a highway in respect of which he is the traffic authority, the Minister of Highways may make regulations for the same purpose and with the same effect as a by-law authorized under subsection (1); and on making any such regulation he shall cause like notices to be posted and maintained as are required under subsection (4), and may cause like notices to be posted and maintained as authorized by subsection (5), and subsection (6) applies to any such notices.

EMERGENCY VEHICLES

Operation of emergency vehicles.

106(1)

Notwithstanding anything in this Part, but subject to subsection (2), (3), (4), and (5), the driver of

(a) an emergency vehicle; or

(b) any other vehicle being operated in an urgent emergency and driven by, or escorted or accompanied by, a peace officer;

when responding to, but not when returning from, an emergency call or alarm, or when in pursuit of an actual or suspected violator of the law, may

(c) exceed the speed limit;

(d) proceed past a traffic control signal showing a red light or a stop or arrêt signal without stopping;

(e) disregard rules and traffic control devices governing direction of movement or turning in specified directions; and

(f) stop or stand.

Requirements respecting emergency vehicles.

106(2)

Subject to subsection (3), the driver of a vehicle to which subsection (1) applies shall not exercise the privileges granted under that subsection unless

(a) he is sounding an audible signal by horn, gong, bell, siren, or exhaust whistle; and

(b) the vehicle, if equipped therewith, is showing

(i) a flashing red light, or

(ii) white light emitted by the headlamps which are lighted alternately and in flashes, or

(iii) both such flashing red light and alternately flashing headlamps.

Application of subsec. (2).

106(3)

Subsection (2) applies only in a case where compliance therewith is necessary in the interests of the public or of safety.

Safety requirements.

106(4)

The driver of a vehicle to which subsection (1) applies, when exercising any of the privileges granted under that subsection, shall drive with due regard for safety having regard to all the circumstances of the case.

Certain emergencies defined.

106(5)

Without restricting the generality of subsection (1), the driver of an ambulance, a vehicle used for police duty or a vehicle to which clause (1)(b) applies, shall be deemed to be responding to an emergency call or alarm if it is being used to transport or escort a patient or injured person in an urgent emergency justifying a rate of speed in excess of any maximum speed permissible under this Act.

Commencement of emergency.

106(6)

The driver of an ambulance or other vehicle to which reference is made in subsection (5) shall be deemed to be responding to an emergency call or alarm from the time he receives the call or hears the alarm.

Prohibition on use of sirens, horns, etc.

106(7)

Notwithstanding anything in this section the driver of an emergency vehicle shall not sound the siren, horn, or exhaust whistle or put into operation a flashing red light and alternately flashing headlamps, except when the vehicle is being operated as provided in clause (1)(b), or when responding to an emergency call or alarm, or when in pursuit of an actual or suspected violator of the law.

Testing speedometers.

107

Notwithstanding anything in this Part, a peace officer may exceed the speed limit while operating a motor vehicle for the purpose of testing the accuracy of the speedometer on the motor vehicle by means of a speed timing device.

DIVISION III

RULES OF THE ROAD DRIVING ON RIGHT SIDE OF ROADWAY OVERTAKING, PASSING, ETC.

Compliance with traffic control devices.

108(1)

Where a traffic authority has marked or placed on a roadway a clearly indicated directional dividing line, which may be either a broken line or a solid line, and has indicated, by traffic control devices, the part of the roadway on each side of the directional dividing line that may be used by traffic proceeding in each direction, the driver of a vehicle on the roadway shall act as indicated by the traffic control devices.

Change in position of dividing lines.

108(2)

A traffic authority may mark or place directional dividing lines and the relevant traffic control devices so that, at certain times of the day, the part of the roadway available for the use of traffic proceeding in a certain direction is wider or narrower than the part available for such traffic at other times of the day.

Prohibition as to driving left of dividing line, and exceptions.

109(1)

No driver shall drive a vehicle to the left of the directional dividing line of a roadway except,

(a) where the width of the roadway is such that it is not practicable to remain to the right of the directional dividing line; or

(b) when overtaking and passing another vehicle proceeding in the same direction; or

(c) when the roadway to the right of the directional dividing line is obstructed by a parked vehicle or other objects; or

(d) when the roadway to the right of the directional dividing line is closed to traffic; or

(e) upon a one-way roadway indicated as such as required under subsection 90(5).

Slow vehicles to keep to right.

109(2)

The driver of a vehicle who is proceeding at less than the normal speed of traffic at the time and place, and under the conditions, then existing shall drive in the right-hand lane then available for traffic, or as close as practicable to the right-hand kerb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a lefthand turn at an intersection or into a private road or driveway.

Application of subsec. (2).

109(3)

A driver shall, prima facie, be deemed to be a driver to whom subsection (2) applies if the vehicle that he is driving is being driven at a rate of speed less than 30 kilometres per hour; but this subsection does not apply in the case of an intersection or where traffic conditions are such that even a rate of speed less than 30 kilometres per hour may be a rate greater than the maximum speed at which a person driving with due care and attention and with reasonable consideration for other persons should drive.

Driving around rotary traffic island.

109(4)

A driver when passing around a rotary traffic island shall drive to the right of the island.

Rules re. driving on laned roadways.

110

Unless he is required to yield the right-of-way to an emergency vehicle or other vehicle to which subsection 106(1) applies, or unless he is otherwise directed or authorized by a peace officer or by a traffic control device, a driver who is driving a vehicle on a laned roadway shall comply with the following provisions, namely:

(a) He may drive from one lane to another where one or more broken lines only exist between lanes.

(b) Except as provided in clauses (c) and (d), he shall not drive from one lane to another where such action necessitates the crossing of a solid line.

(c) When a solid line and a broken line exist together, he may, with caution, cross the solid line from the lane in which the broken line is located, and recross.

(d) He may, with caution, cross a solid line when necessary to turn left into a private road or driveway or when necessary on entering the roadway from a private road or driveway.

(e) He shall not drive from one lane to another without first signalling his intention to do so in the manner prescribed by sections 125 and 126.

(f) When approaching an intersection and intending to turn left or when intending to turn left into a private road or driveway, he shall travel in the left-hand lane available to traffic moving in the direction of the travel of the vehicle.

(g) When approaching an intersection and intending to turn right, he shall travel in the lane nearest to the right-hand side of the roadway and may pass another vehicle travelling in the same direction in a lane to his left; and when making the turn he shall keep as close as is practicable to the right-hand side of the roadway.

(h) He shall not use the centre lane of a three-lane roadway except when passing another vehicle proceeding in the same direction, or when approaching an intersection where he intends to turn to the left, or when that lane is designated for traffic moving in the direction of travel of his vehicle.

(i) Subject to section 115, when overtaking another vehicle that is travelling in the same direction, he shall in passing keep to the left of the other vehicle and where there are two or more lanes available to traffic moving in that direction, he shall in passing keep to the right of the directional dividing line.

(j) Where a traffic control device directs slow-moving traffic to use a designated lane, when driving slowly he shall use that lane only.

(k) Subject to section 115, when being overtaken by another vehicle travelling in the same direction,

(i) he shall allow that vehicle to pass and shall travel in the lane nearest to the right-hand side of the roadway or in a manner that allows the overtaking vehicle free passage to the left in a lane available to traffic moving in the direction of the travel of his vehicle, and

(ii) he shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

(l) Except when crossing from one lane to another as permitted herein, he shall at all times keep the vehicle he is driving wholly within one lane.

Rules for riding a moped or mobility vehicle.

111

The operator of a moped or mobility vehicle, when riding it on a highway, shall comply with the following provisions, namely:

(a) Ride as closely as is practicable to the right hand edge or curb of the roadway, except when passing or overtaking another vehicle.

(b) Ride in a single line with another moped or mobility vehicle, bicycle or motorcycle.

(c) At all times keep at least one hand on the handle bars.

Keeping to right when meeting.

112(1)

The driver of a vehicle shall keep to his right when he is meeting another vehicle that is moving.

Yielding half of roadway.

112(2)

The driver of a vehicle upon a roadway that has a width for only one line of traffic in each direction shall, when meeting another vehicle that is moving, give to the other vehicle at least one-half of the roadway as nearly as possible.

Passing on very narrow roadways.

112(3)

If it is impracticable for drivers of moving vehicles that are meeting one another

(a) each to give to the other at least one-half of the roadway; or

(b) to pass each other on the right;

each of the drivers shall immediately stop his vehicle and before proceeding to pass the other shall take all reasonable steps to learn whether he can do so with safety to himself and others; and, if required, each of the drivers shall assist the other to pass in safety.

Slow driver to proceed in right hand lane.

112(4)

Subject to subsection (5), where a driver of a vehicle is proceeding at a slower rate of speed than other traffic he shall

(a) drive in the extreme right hand lane where the roadway has 2 or more lanes; or

(b) drive as closely as is practicable to the right hand edge or curb of the roadway.

Non-application of subsection (4).

112(5)

Subsection (4) does not apply where

(a) the driver is overtaking other vehicles proceeding in the same direction; or

(b) the driver intends to turn to the left; or

(c) the right hand lane or edge of the roadway is impassable or otherwise obstructed; or

(d) the driver is directed by a traffic control device, a peace officer or flagman to drive in another lane or part of the roadway.

Use of lights.

113(1)

Where a motor vehicle is operated on a highway during the times mentioned and is equipped as provided in subsection 36(1), the driver thereof

(a) may use either the high beam or the low beam if the beam used is sufficient to reveal persons and vehicles on the highway at a safe distance in advance of the vehicle; and

(b) shall dim the headlights or deflect the beams issuing therefrom when he is at a distance of not less than 450 metres from a motor vehicle that he is meeting; and shall keep the headlights dimmed or the beams deflected until he has passed the other motor vehicle.

Low beam when following close.

113(2)

When such a motor vehicle is following another vehicle and is within 60 metres thereof, unless it is overtaking and about to pass the other vehicle, the driver shall use the low beam.

Rules when overtaking.

114(1)

Except as provided in section 115, a driver overtaking another vehicle proceeding in the same direction

(a) shall pass to the left thereof at a safe distance; and

(b) shall not return to the right side of the highway until safely clear of the overtaken vehicle.

Rules when being overtaken.

114(2)

Except when overtaking and passing on the right is permitted, a driver of a vehicle being overtaken,

(a) upon hearing or seeing any signal given from the overtaking vehicle, shall give way to the right in favour of the overtaking vehicle; and

(b) shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

Overtaking on right prohibited with exceptions.

115(1)

A driver shall not overtake and pass upon the right of another vehicle, except

(a) when the vehicle overtaken is making a left turn or its driver has signalled his intention to make a left turn; or

(b) when on a laned roadway there are two or more unobstructed lanes available to traffic moving in the direction of travel of the vehicle; or

(c) upon a one-way roadway, where the roadway is free from obstructions and is of sufficient width for two or more lines of moving vehicles.

Where no exceptions.

115(2)

Notwithstanding subsection (1), no driver shall overtake and pass another vehicle upon the right,

(a) when the movement cannot be made with reasonable safety; or

(b) by driving off the roadway.

No driving to left unless clear view.

116(1)

No driver shall drive a vehicle to, or upon the left side of, the directional dividing line of a roadway, other than a one-way roadway, when he has not a clear view of the highway for a safe distance having regard for all the circumstances.

Safety requirements.

116(2)

Without restricting the generality of subsection (1), no driver shall drive a vehicle to, or upon the left side of, the directional dividing line of a roadway in overtaking and passing another vehicle unless the left side of the roadway is clearly visible and is free of oncoming and overtaking traffic for a sufficient distance ahead to permit the overtaking and passing to be completed without interfering with the safe operation of another vehicle.

Driving to left absolutely prohibited.

116(3)

No driver shall drive a vehicle to, or upon the left side of, the directional dividing line of a roadway other than a one-way roadway,

(a) upon or approaching

(i) the crest of a grade, or

(ii) an upgrade, downgrade, or curve, where the driver has not a clear view of the highway for a distance of at least 150 metres or his view is obstructed within such distance greater than 150 metres as to create a hazard; or

(b) upon a portion of a highway designated by a traffic control device as a portion thereof upon which overtaking and passing is prohibited; or

(c) upon, or when approaching and within 90 metres of, an intersection or level crossing that is outside a city, town or village; or

(d) when the driver's view is obstructed upon approaching within 30 metres of a bridge, viaduct, or tunnel.

Where clause (3)(c) not applicable.

116(4)

The prohibition in clause (3) (c) does not apply in cities where there is a paved highway of sufficient width to permit such overtaking and passing to be made in safety.

Following too closely prohibited.

117(1)

No driver shall follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles, and the amount and nature of traffic upon, and the condition of, the highway.

Distance required between certain vehicles.

117(2)

Where the driver of a truck, a public service vehicle, or a motor vehicle that is drawing another vehicle or a piece of equipment is upon a roadway outside a restricted speed area and is following a truck, a public service vehicle, or a motor vehicle that is drawing another vehicle or a piece of equipment, unless he intends to overtake and pass the vehicle ahead, he shall, if conditions permit, leave not less than 90 metres between his vehicle and the vehicle or piece of equipment ahead that is being so drawn.

Space between vehicles in motorcade.

117(3)

The driver of a motor vehicle in a caravan or motorcade, other than a funeral procession, outside a restricted speed area, shall leave sufficient space between his vehicle and any other vehicle or combination of vehicles in the caravan or motorcade to enable a vehicle to enter and occupy that space without danger; and he shall, in so far as practicable, drive his vehicle on the extreme right-hand side of the roadway.

Vehicles in funeral processions.

117(4)

The driver of a motor vehicle in a funeral procession shall, in so far as practicable, drive his vehicle on the extreme right-hand side of the roadway.

Funeral processions.

117(5)

Notwithstanding anything in this Part, the council of a municipality may, by by-law, provide that, in the case of a funeral procession indicated as such by the headlamps of all the motor vehicles therein being lighted, or in such other manner as may be prescribed in the by-law,

(a) if the driver of the leading vehicle therein has complied with sections 85 and 88, the driver of each of the other vehicles therein, upon approaching

(i) a traffic control signal showing a red traffic control light or a "stop" or "arrêt" signal, or

(ii) a "stop" or "arrêt" sign, shall cause the vehicle to slow down or stop as may be necessary for safety, but may then proceed cautiously past the traffic control signal or "stop" or "arrêt" sign; and

(b) after passing the traffic control signal or "stop" or "arrêt" sign, the driver of each of the other vehicles in the procession shall have the right-of-way over all other vehicles upon the highway at the intersection or place where the signal or sign is situated.

Following fire apparatus too closely.

118

A driver, other than the driver of an emergency vehicle, shall not follow fire apparatus more closely than is reasonable in the circumstances, or drive or park on any street nearer to a place on the same street on which fire apparatus has stopped in answer to a fire alarm, than is reasonable in the circumstances.

Driving over fire hoses.

119

Unless he has received consent of the fire department official in command, a person shall not drive a vehicle over an unprotected hose of a fire department when laid down on a street or private driveway, at a fire or an alarm of fire.

Certain exceptions for trolley buses.

120

Where a provision of this Part would prohibit a movement of a trolley bus required by the position of overhead wires, that provision does not apply to the operation of the trolley bus as the position of those wires may require.

TURNING, STARTING, AND SIGNALS

Turning at intersections.

121(1)

No person shall turn a vehicle at an intersection unless the vehicle is in the position upon the highway required by this section.

Turning right.

121(2)

Where a driver intends to turn right at an intersection he shall approach the intersection and make the turn as close as practicable to the righthand kerb or edge of the roadway.

Turning left.

121(3)

Where a driver intends to turn left at an intersection where traffic is permitted to move in both directions on each roadway entering the intersection, he shall

(a) approach the intersection in the part of the roadway to the right of the directional dividing line thereof that is nearest to the directional dividing line, and on a laned roadway, in the extreme left-hand lane available to traffic moving in the direction of travel of the vehicle he is driving;

(b) keep to the right of the directional dividing line at the place where it enters the intersection;

(c) after entering the intersection, make a left turn so as to leave the intersection at a point to the right of the directional dividing line of the highway being entered; and

(d) when practicable, make the left turn in the portion of the intersection to the left of the centre of the intersection, passing as closely as practicable thereto.

Certain left turns from one-way roadway.

121(4)

When a driver intends to turn left at an intersection from a oneway roadway into a roadway on which traffic is permitted to move in both directions, he shall approach the intersection as closely as practicable to the lefthand kerb or edge of the roadway, and after entering the intersection shall make the left turn so as to leave the intersection at a point to the right of, and as close as practicable to, the directional dividing line of the roadway being entered.

Turning left from two-way roadway.

121(5)

When a driver of a vehicle intends to turn left at an intersection from a roadway on which traffic is permitted in both directions into a one-way roadway, he shall approach the intersection in the part of the roadway to the right of the directional dividing line thereof that is nearest to the directional dividing line and, on a laned roadway, in the extreme left-hand lane available to traffic moving in the direction of travel of the vehicle he is driving and after entering the intersection shall make the left turn by passing as closely as practicable to the left-hand kerb or edge of the roadway being entered.

Left turn from one-way roadway to another one-way roadway.

121(6)

When a driver of a vehicle intends to turn left at an intersection from a one-way roadway into another one-way roadway, he shall approach the intersection as closely as practicable to the left-hand kerb or edge of the roadway and after entering the intersection shall make the left turn by passing as closely as practicable to the left-hand kerb or edge of the roadway being entered.

Turning required by traffic control device.

121(7)

Where at an intersection there is a traffic control device indicating the course to be travelled by drivers turning at the intersection, no driver shall turn a vehicle at the intersection in a manner other than as directed by the traffic control device.

Safety requirement.

121(8)

No person shall turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course, or move right or left upon a highway, unless the movement can be made with safety.

STOPPING, STANDING, OR PARKING

Where stopping, standing, parking prohibited.

122(1)

Except when necessary to avoid conflict with traffic or to comply with the law or the directions of a peace officer or traffic control device, no person shall stop, stand, or park a vehicle

(a) on a sidewalk;

(b) in front of a driveway;

(c) within an intersection or within 3 metres thereof or such greater distance as may be prescribed by the appropriate traffic authority;

(d) within 3 metres of a fire hydrant;

(e) on a crosswalk;

(f) within 3 metres of the approach side of a crosswalk;

(g) within 9 metres upon the approach to any flashing beacon, stop or arrêt sign, or traffic control signal situated at the side of a roadway, or within such greater distance therefrom as may be prescribed by the appropriate traffic authority;

(h) within 30 metres of the nearest rail of a railway crossing, or, except in the case of a railway crossing a provincial trunk highway, within such greater or lesser distance therefrom as may be prescribed by a municipal council;

(i) within 6 metres of a driveway entrance to a fire station, or on the side of a street opposite the entrance to a fire station within 30 meters of the entrance when properly marked with signs, or, except in the case of a fire station adjoining or facing a provincial highway, within such greater or lesser distance as may be prescribed by the appropriate municipal council;

(j) alongside or opposite a street excavation or obstruction when stopping, standing, or parking obstructs traffic;

(k) on the roadway side of a vehicle stopped or parked at the edge or kerb of a street;

(l) upon a bridge or other elevated structure upon a highway or within a highway tunnel;

(m) in a place in contravention of a traffic control device that gives notice that stopping, standing, or parking is there prohibited or restricted;

(n) at a curve upon a highway outside a city, town, or village, unless a clear view of the vehicle may be obtained from a distance of at least 60 metres in each direction upon the highway;

(o) in such manner that

(i) it constitutes a hazard on the highway, or

(ii) it is parked in contravention of any provision of this Act or of a municipal by-law passed pursuant to this Act;

(p) on a highway for more than one hour within the period from three o'clock in the morning to six o'clock in the morning when parking on the highway for more than one hour during that period is prohibited by by-law of the appropriate traffic authority and subsection 90(5) does not apply to such a by-law.

Parking other vehicles.

122(2)

No person shall move a vehicle that is not lawfully under his control into any of the places mentioned in subsection (1).

Parking on right required.

123(1)

Except when a traffic authority otherwise permits, or on a oneway roadway when not forbidden by the traffic authority, a driver shall not stop, stand, or park a vehicle other than on the right side of a highway and with the right-hand wheels parallel to that side, and where there is a kerb, within 450 millimetres of the kerb.

Parking on one-way roadways.

123(2)

Except when a traffic authority otherwise permits, a driver shall not stop, stand, or park a vehicle on a one-way roadway otherwise than on one side of the highway with the length of the vehicle parallel to that side, and where there is a kerb, with the right-hand wheels within 450 millimetres of the kerb on the right-hand side of the vehicle or with the left-hand wheels within 450 millimetres of the kerb on the left-hand side of the vehicle.

Parking on divided highways.

123(3)

In the case of a divided highway, vehicles may be parked only on one side of each roadway thereof and, subject to that restriction, for the purposes of this section, each roadway thereof shall be deemed not to be a one-way roadway; and subsection (1) applies thereto.

Moving parked vehicles.

124(1)

No person shall cause a vehicle that is stopped, standing, or parked, to move unless the movement can be made with reasonable safety.

Duty before moving, turning, etc.

124(2)

The driver of a vehicle upon a highway, before starting, stopping, or turning from a direct line,

(a) shall use reasonable care to ascertain that the movement can be made in safety; and

(b) shall reasonably indicate his intention by a visible signal.

SIGNALS

Giving of signals generally.

125(1)

Subject to subsection (2), where a signal is required, a driver, or the operator of a bicycle, shall give it by means of

(a) his hand and arm; or

(b) a "stop" signal lamp or turning signal lamp, as the case requires, of the kind required or authorized under this Act to be carried; or

(c) a mechanical device of a type that has been approved by the traffic board.

Giving of signals where hand signals not visible.

125(2)

Where a vehicle is constructed or loaded in a manner that makes a signal by hand and arm not visible to both its front and rear, a driver shall give signals as provided in clause (1)(b) or (c).

Manner of giving hand signals.

126

When a driver of a left-hand drive vehicle, or the operator of a bicycle, mobility vehicle or a moped, gives a signal by hand and arm he shall do so from the left side, and shall signify

(a) a left turn, by extending his left hand and arm horizontally from the vehicle;

(b) a right turn, by extending his left hand and arm out and upward from the vehicle; and

(c) a stop or decrease in speed, by extending his left hand and arm out and downward from the vehicle.

Signals required for sudden stops.

127(1)

When there is an opportunity to give a signal, no driver shall stop or suddenly decrease the speed of a vehicle without first giving the appropriate signal under sections 125 and 126.

Giving of appropriate signal for safe movement.

127(2)

Where traffic may be affected by turning a vehicle, no person shall turn a vehicle without giving the appropriate signal under sections 125 and 126, and using reasonable care to ascertain that the movement can be made in safety.

Continuous signals.

127(3)

Where a signal of intention to turn right or left is required, a driver shall, before making the turn, give the signal continuously for sufficient distance to warn traffic.

RIGHT-OF-WAY

General right-of-way rule.

128

Except as provided in section 130, where two vehicles enter an intersection from different highways at approximately the same time and there is at the intersection no traffic control device directing the driver of one of the vehicles to yield the right-of-way, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right; but, where there is a traffic control device at the intersection directing the driver of one of the vehicles to yield the right-of-way, he shall yield the right-of-way to all other traffic as provided in section 133.

Right-of-way on left turn.

129

When a driver is within an intersection and intends to turn left he shall yield the right-of-way to traffic that is approaching from the opposite direction and is within the intersection or so close that it constitutes an immediate hazard; but having yielded and having given a signal as required by sections 125 and 126, the driver may make a left turn if he can do so safely.

Right-of-way after a required stop.

130

Where a driver is about to enter another highway at the intersection with which he is required, under section 136, to stop and he has stopped in compliance with that section

(a) he shall yield the right-of-way to traffic that has entered the intersection upon the other highway or that is approaching thereon and is so close that it constitutes an immediate hazard; and

(b) he shall not proceed until he can do so in safety.

Right-of-way in restricted speed areas.

131(1)

When a driver, within a restricted speed area, is emerging from a private road, alley, lane, driveway, or building, he shall stop the vehicle immediately before driving onto the sidewalk or onto the sidewalk area extending across the private road, alley, lane, or driveway and he shall yield the right-of-way to traffic that is approaching on the highway and is so close that it constitutes an immediate hazard.

Right-of-way when entering highway.

131(2)

When a driver is about to enter or cross a highway from a private road, alley, lane, driveway, or building, he shall yield the right-of-way to traffic that is approaching on the highway and is so close that it constitutes an immediate hazard.

Stopping or entering provincial highways.

131(3)

When a driver of a vehicle, outside a restricted speed area, is emerging from a private road or private driveway onto a provincial highway, he shall, before crossing the boundary of the roadway, and within 5 metres thereof, bring the vehicle to a stop, yield the right-of-way to traffic that is approaching on the highway and is so close that it constitutes an immediate hazard, and shall not proceed until he can do so in safety.

Proceeding when safe.

131(4)

A driver to whom subsection (1), (2) or (3) applies, having yielded the right-of-way as required in those subsections, shall not proceed until he can do so in safety.

Right-of-way to emergency vehicles.

132

Upon the immediate approach of

(a) an emergency vehicle; or

(b) a vehicle to which clause 106(1)(b) applies;

the driver of which is giving an audible signal by horn, gong, bell, siren, or exhaust whistle and which, except in the case of a vehicle to which clause (b) applies, is showing a visible flashing red light, except when otherwise directed by a peace officer, a driver shall

(c) yield the right-of-way;

(d) immediately drive to a position parallel to, and as close as possible to, the edge or kerb of the roadway, clear of an intersection; and

(e) stop and remain in that position until the emergency vehicle has passed.

Right-of-way at "Yield" or "Cédez Ie passage" signs.

133(1)

A driver approaching a "yield" or "cédez le passage" sign adjacent to an intersection shall slow down to a speed reasonable under the existing conditions or shall stop if necessary as provided in subsection (2), and shall yield the right-of-way to a pedestrian crossing the roadway on which he is driving and to traffic in the intersection or that is approaching on the intersecting roadway and is so close that it constitutes a hazard; and, having yielded, he may proceed with caution.

Stopping at "Yield" or "Cédez Ie passage" signs.

133(2)

Except when a peace officer directs otherwise, where there is, adjacent to an intersection, a "yield" or "cédez le passage" sign, the driver of a vehicle, if required for safety to stop, shall stop at a clearly marked stop line or, if none, then immediately before entering the crosswalk on the near side of the intersection or, if none, then immediately before entering the intersection.

SPECIAL STOPS

Railway crossings.

134(1)

When a driver is approaching a railway crossing

(a) where a "stop" or "arrêt" sign has been erected at the crossing, he shall stop the vehicle

(i) not less than 5 metres from the nearest rail of the railway if the crossing is in a restricted speed area, and

(ii) not less than 15 metres from the nearest rail of the railway if the crossing is not in a restricted speed area, and he shall not proceed unless he can do so in safety;

(b) when a clearly visible electrical or mechanical traffic control device gives warning of the approach of a railway train, he shall stop the vehicle as required by clause (a) and he shall not proceed while any such signal continues to give warning, unless a peace officer or flagman otherwise directs and he can do so in safety; but where the railway crossing is in a restricted speed area and the train is stopped or not in close proximity to the crossing, the driver may proceed to cross the railway crossing if he can do so in safety;

(c) when a crossing gate is lowered or a flagman is giving a signal of approach or passage of a railway train, or a railway train is in dangerous proximity to the crossing and is giving an audible signal or is visible, he shall stop the vehicle as required by clause (a) and he shall not proceed while the gate is lowered or the flagman continues to give warning of approach of a railway train, unless a peace officer or a flagman otherwise directs and he can do so in safety.

Definition of "flagman".

134(2)

In this section and in section 135 "flagman" includes a brakeman or other trainman on a train of a railway who, in connection with the operation of a train, is warning people on a highway.

Stops by certain vehicles at railways.

135(1)

Except as provided in subsections (3) and (4), the driver of

(a) a vehicle carrying passengers for compensation; or

(b) a school bus carrying children; or

(c) a vehicle carrying flammable liquids or gas, whether or not it is then empty;

approaching a railway crossing shall stop the vehicle not less than 5 metres, or more than 15 metres, from the nearest rail of the railway, and, with the vehicle stopped, shall

(d) look in both directions along the railway for an approaching train;

(e) listen for signals indicating the approach of a train; and

(f) in the case of a bus or school bus, open the door of the vehicle;

and he shall not proceed unless he can do so in safety.

Crossing railway without changing gear.

135(2)

Except as provided in subsection (4), where a driver has stopped and is proceeding as required in subsection (1), he shall cross the railway track in a gear that he will not need to change while crossing the track, and he shall not shift gears while crossing.

Where subsection (1) does not apply.

135(3)

Subsection (1) does not apply where

(a) a peace officer or a flagman directs traffic to proceed; or

(b) the crossing is protected by gates or a railway crossing signal light which are not in operation at the time.

Where subsections (1) and (2) not applicable.

135(4)

Subsections (1) and (2) do not apply to

(a) street railway grade crossing within a restricted speed area; or

(b) industrial spur railway crossings within a restricted speed area.

Use of turning lamps or emergency lamps on stopped vehicles.

135(5)

Subject to section 137, where a vehicle to which clause (1)(a), (b), or (c) applies is stopped as required by that subsection or is, for any other reason, stopped on a highway, the driver may cause

(a) the turning signal lamps authorized by clause 35(1)(c) and subsection 37(5); or

(b) the emergency lamps authorized by subsection 37(13);

on either one or both sides of the vehicle, to be put into operation while the vehicle is so stopped, or, in the case of a school bus equipped with a lamp as provided in subsection 37(8), may put the lamp into operation.

Stopping when required by traffic control device.

136(1)

Except when a peace officer or a traffic control device otherwise directs or permits, but subject to sections 88, 130, and 133, at an intersection at which there is a traffic control device facing him and requiring him to stop, and at an intersection with any provincial highway, and except at an intersection where an acceleration lane has been constructed for the purpose of allowing a driver of a vehicle to accelerate and merge with other traffic on the highway, a driver of a vehicle shall bring it to a stop

(a) when there is no crosswalk, at a clearly marked stop line; or

(b) before entering the crosswalk marked out by lines, on the near side of the intersection; or

(c) when there is neither a stop line nor a marked out crosswalk, at the point nearest the intersecting highway from which the driver has a view of approaching traffic on the intersecting highway;

and he shall not proceed unless he can do so in safety.

Stops at divided highway.

136(2)

Where the other highway, at the intersection with which a driver has stopped as required under subsection (1), is a divided highway, the driver, having complied with that subsection and proceeded across the first roadway, before entering the second roadway,

(a) shall yield the right-of-way to traffic on the second roadway that has entered the intersection thereof with the highway on which he is driving, or that is approaching and is so close that it constitutes an immediate hazard; and

(b) shall not proceed until he can do so in safety.

SCHOOL BUSES

Lamps on school bus.

137(1)

Every school bus shall be equipped with lamps as provided in subsection 37(8).

Signs on school buses.

137(2)

No person shall operate, or permit the operation of, a school bus unless the words: "SCHOOL BUS" or "AUTOBUS SCOLAIRE", in letters of not less than 200 millimetres in height, are legibly printed or painted on, or attached to, the vehicle in such a manner as to be clearly visible at all times to any person approaching the vehicle from the front or rear.

Limitation on operation of school bus.

137(3)

Unless he conceals all marks that it is a school bus, a person shall not operate a school bus for the purpose other than transportation of children to or from school.

Bus signals where school bus is stopped.

137(4)

Where a school bus is stopped and children are getting on to it or about to get on to it, or are getting off it or about to get off it, the driver,

(a) if the school bus is equipped with a lamp as provided in subsection 37(8), or with lamps as provided in subsection 37(13), shall put into operation all of the lamps with which it is so equipped; or

(b) if the school bus is not equipped as mentioned in clause (a),

(i) shall cause to be put into operation turning signal lamps, the lamps to be lighted intermittently or in flashes on that side of the school bus that is nearest to the centre of the highway or on both sides thereof, or

(ii) shall cause to be put into operation such other warning device as may be authorized in the regulations, and that is clearly visible to the drivers of vehicles approaching from either the front or rear of the bus.

Motor vehicles approaching stopped school bus displaying signals.

137(5)

Where a school bus is stopped on a highway, if a lamp or other warning device is operating thereon, or displayed therefrom, as required by subsection (4), the driver of a motor vehicle approaching the school bus from any direction shall bring the motor vehicle to a stop not less than 5 metres from the school bus before passing it, and he shall not proceed unless the school bus resumes motion, or the driver thereof signals him to proceed or ceases to operate or display the lamp or other warning device to which reference is made in subsection (4).

School buses on divided highways.

137(6)

The driver of a vehicle upon a divided highway need not stop upon meeting or overtaking a school bus that is on a different roadway.

PEDESTRIANS' RIGHTS AND DUTIES

Compliance by pedestrians with signals.

138

Except when a traffic authority has otherwise ordered, where traffic control signals are operating at an intersection, pedestrians shall comply with them in the manner provided in section 88.

Right-of-way of pedestrian.

139(1)

Subject to section 140, where traffic control signals are not in place or not in operation when a pedestrian is crossing a highway within a crosswalk, and the pedestrian is upon the half of the highway upon which a vehicle is travelling, or he is approaching from the other half of the highway and is so close that he is in danger, the driver of the vehicle shall yield the right-of-way to the pedestrian.

Pedestrian to observe safety measures.

139(2)

No pedestrian shall leave a kerb or other place of safety and walk or run into the path of a vehicle that is so close that it is impracticable for the driver to yield.

Passing vehicle stopped for pedestrian prohibited.

139(3)

Where a vehicle is stopped at a crosswalk or at an intersection to permit a pedestrian to cross the highway, no driver approaching from the rear shall overtake and pass the stopped vehicle.

Offence.

139(4)

Any person who contravenes, disobeys, or violates, or refuses, omits, neglects, or fails to observe, obey, or comply with, subsection (3) is guilty of an offence and is liable, on summary conviction, to a fine of not less than $20.00 or more than $100.00 and, in the discretion of the convicting judge or justice, suspension of licence for a term of not more than fifteen days.

Where pedestrians yield right-of-way.

140(1)

When a pedestrian is crossing a roadway at a point other than within a crosswalk, he shall yield the right of way to a driver.

Duty not to obstruct traffic.

140(2)

A pedestrian who is crossing a highway shall do so with all reasonable speed so as not to obstruct traffic unnecessarily.

Pedestrian corridor, duties of driver.

141(1)

Subject to subsection (2), where

(a) a pedestrian is at

(i) the kerb or edge of a roadway, or

(ii) a place of safety, that is adjacent to a pedestrian corridor that lies across a roadway upon which a vehicle is approaching so closely to the pedestrian corridor as to endanger the pedestrian if he were to enter it; and

(b) the pedestrian

(i) is intending to cross the roadway in the pedestrian corridor, and

(ii) is giving notice of his intention by extending his hand and arm at full length in such a manner to indicate clearly the direction in which he intends to cross, the driver of the vehicle shall yield the right-of-way to the pedestrian by slowing down or stopping if necessary.

When vehicle stopped at pedestrian corridor.

141(2)

When a vehicle is stopped at a pedestrian corridor, the driver of any other vehicle overtaking the stopped vehicle shall bring the vehicle to a full stop before entering the pedestrian corridor, and shall yield the right-of-way to a pedestrian,

(a) who is within the pedestrian corridor upon the half of the roadway upon which the vehicle is stopped; or

(b) who is within the pedestrian corridor and is approaching that half of the roadway from the other half of the roadway so closely to the vehicle that he is in danger if the vehicle were to proceed.

Passing vehicles in vicinity of pedestrian corridor.

141(3)

When a vehicle is approaching a pedestrian corridor and is slowing down for the purpose of yielding the right-of-way to a pedestrian, the driver of any other vehicle approaching from the rear shall not overtake and pass the vehicle first mentioned.

Duties of pedestrian.

141(4)

No pedestrian shall leave the kerb or other place of safety at a pedestrian corridor and walk or run into the path of a vehicle that is so close that it is impracticable for the driver of the vehicle to yield the right-of-way.

Parking prohibited.

141(5)

No person shall park or stand a vehicle at the kerb or edge of a roadway

(a) where it intersects a pedestrian corridor; or

(b) on the approach to a pedestrian corridor and within 15 metres thereof.

Offence.

141(6)

Any person who contravenes, disobeys, or violates, or refuses, omits, neglects, or fails to observe, obey, or comply with, subsection (2) is guilty of an offence and is liable, on summary conviction, to a fine of not less than $20.00 or more than $100.00 and, in the discretion of the convicting judge or justice, suspension of licence for a term of not more than fifteen days.

By-laws revoked.

141(7)

That part of any municipal by-law that provides for the regulation of traffic by means of crosswalks or pedestrian corridors and that is contrary to any provision of section 139 or this section, is revoked.

Where road markings not visible.

141(8)

It is not a defence to any prosecution for a violation of this section that the lines or other markings on the surface of the roadway indicating the existence of the pedestrian corridor were not visible at the time because of the presence of snow or ice or for any other reason not attributable to the negligence of the traffic authority.

Driver to exercise care.

142

Notwithstanding sections 138 and 139, a driver shall

(a) exercise due care to avoid colliding with a pedestrian who is upon a roadway;

(b) give warning by sounding the horn when necessary; and

(c) observe proper precaution upon observing a child or an apparently confused or incapacitated person who is upon a highway.

Use of sidewalks required.

143(1)

Where there is a sidewalk that is reasonably passable on either or both sides of a highway, a pedestrian shall not walk on a roadway.

Keeping left and walking two abreast.

143(2)

Any pedestrian proceeding along a highway where no sidewalk is provided or where the sidewalk is not passable, shall walk as closely as is practicable to

(a) the left-hand edge of the roadway or of the shoulder, as the case may be; or

(b) any person who may be walking on his left side;

but persons walking on a roadway shall not walk more than two abreast.

Enforcement of compliance with by-laws by pedestrians.

144

Notwithstanding anything in this Part, the council of any municipality may, by by-law, provide

(a) that where a peace officer has reasonable and probable grounds for believing that a pedestrian has committed or is committing a breach of those provisions of a by-law that relate to pedestrian traffic, he may require the pedestrian to stop and there and then to state correctly his name and address, and to prove his identity to the satisfaction of the peace officer; and

(b) that, if a pedestrian refuses or fails to stop and state correctly his name and address or so to prove his identity when so required, the peace officer may arrest him without warrant.

DIVISION IV

BICYCLES AND PLAY VEHICLES, ETC.

General rules for bicycles.

145(1)

Except as otherwise provided in this section, every person operating a bicycle upon a highway has the same rights and duties as the driver of a motor vehicle and shall obey and observe all signs, traffic control devices, and directions of a peace officer.

Special rules as to bicycles.

145(2)

A person who is operating a bicycle shall comply with the following provisions, namely:

(a) He shall not ride on a sidewalk.

(b) He shall ride as closely as practicable to the right-hand edge or kerb of the roadway and, except to pass or overtake another vehicle or bicycle, shall ride in a single line with any other persons riding bicycles.

(c) He shall keep at least one hand on the handle bars.

(d) He shall not ride other than upon or astride a regular seat of the bicycle, as provided by the manufacturer.

(e) He shall not use the bicycle to carry more persons at one time than the number for which it is designed and equipped by the manufacturer.

(f) He shall not ride a bicycle on a highway where signs prohibit their use.

(g) He shall give the signals required under section 126.

Use of bicycle paths.

145(3)

No person riding a bicycle shall ride it upon a roadway if there is, adjacent to the roadway, a usable path intended for the use of bicycles.

Attachment of bicycles, etc., to moving vehicles prohibited.

145(4)

No person riding upon or using motorcycle, moped, motor scooter, bicycle, coaster, sled, sleigh, or toboggan, or skates, skis, roller skates, or snowshoes, or a play vehicle on a highway shall

(a) take hold of, or keep hold of; or

(b) attach himself to; or

(c) cause or permit any other person to attach him to; or

(d) cause or permit the motorcycle, moped, motor scooter, bicycle, coaster, sled, sleigh, toboggan, skates, skis, roller skates, snowshoes, or play vehicle to be attached to or drawn by;

a moving vehicle.

Attachment of persons to moving vehicles prohibited.

145(5)

No person shall on a highway

(a) take hold of, or keep hold of; or

(b) attach himself to;

the exterior of a moving vehicle or permit himself to be drawn by a moving vehicle.

Illegal towing by vehicles.

145(6)

The driver or operator of a moving vehicle on a highway shall not

(a) cause or permit any person

(i) to take hold of, or keep hold of, or

(ii) to attach himself to, or be attached to,

the exterior of the vehicle; or

(b) attach any person to the exterior of the vehicle;

(c) cause or permit any person to be drawn, towed, or pulled by the vehicle;

(d) cause or permit any motorcycle, moped, motor scooter, bicycle, coaster, sled, sleigh, toboggan, skates, skis, roller skates, snowshoes, play vehicle or any other article that is not designed, intended, and equipped for the purpose to be attached to, or drawn by, the vehicle.

Riding improperly on vehicles.

146(1)

No person while riding on a vehicle on a highway shall ride upon any portion thereof not designed or intended for the use of passengers.

Where subsec. (1) not applicable.

146(2)

Subsection (1) does not apply to a person necessarily engaged in the discharge of a duty or to a person lawfully riding

(a) on a truck; or

(b) on a horse-drawn vehicle, in a space intended for the carriage of goods.

Prohibition as to carrying too many persons on bicycles.

147(1)

No person shall, on a highway,

(a) operate a bicycle that is carrying thereon more persons than the bicycle was designed or constructed by the manufacturer to carry; or

(b) ride, or permit himself to be carried;

(i) on a bicycle that is being operated by another person, and

(ii) on a part of the bicycle that was not designed or intended by the manufacturer for carrying any person, or was designed and intended for carrying only the operator of the bicycle.

Carrying large objects, etc., forbidden.

147(2)

No person shall carry on a bicycle an object of any kind that is of such a size, weight, or shape, or is so placed, that it may interfere with the proper operation and control of the bicycle by the operator thereof.

Application of subsec. (1).

147(3)

Subsection (1) does not apply to the operator of a bicycle that is carrying in addition to the operator, an infant or to the infant being so carried if (a) the infant is on a seat especially designed for carrying infants on bicycles;

(b) the operator of the bicycle is over the age of 16 years;

(c) the infant being carried on the bicycle is under the age of 6 years;

(d) the seat is firmly attached to the bicycle behind the regular seat as far forward and in as low a position as is practicable;

(e) the seat is equipped with a seat belt which is fastened at all times when the bicycle is in motion; and

(f) the seat or bicycle is equipped with a shield to prevent any part of the body or the clothing of the infant being carried from coming into contact with any moving parts of the bicycle.

Impoundment of bicycles of juveniles.

148

Where a person is convicted by a judge of a juvenile court of using a bicycle on a highway in a manner contrary to any provision of this Act or of a municipal by-law, the judge may impound the bicycle for a period not exceeding three months.

Lamps and reflectors on bicycles.

149(1)

Subject to subsection (3) every bicycle shall carry

(a) a headlamp at the front thereof; and

(b) a lamp or reflector at the back thereof casting a red light or reflection, as the case may be, and where the bicycle is equipped with one or more reflectors it, or they, shall have a surface area of not less than 25 square centimetres.

Type of lamps and reflectors required.

149(2)

The lamps and reflectors required, under subsection (1) to be carried by a bicycle shall be of such a kind and so constructed that, under normal atmospheric conditions,

(a) the headlamps when lighted cast a light visible from a distance of 90 metres in front of the vehicle; and

(b) the rear lamp when lighted, or the reflector, casts or reflects, as the case may be, a light visible from a distance of 60 metres in the rear of the vehicle.

Limitation on application of subsec. (1).

149(3)

A bicycle is required to be equipped as set out in subsection (1) only if it is upon a highway at a time when, under subsection 35(11), lamps on vehicles are required to be lighted.

Equipment of bicycles.

150(1)

No person shall operate a bicycle on a highway, or cause or permit a bicycle to be operated on a highway, unless it is equipped in all respects as required by this Act and the regulations, and the owner has complied in all respects with the requirements of this Act and the regulations respecting bicycles.

Inspection.

150(2)

A peace officer may at any time stop and inspect, or cause to be inspected, any equipment on a bicycle on a highway, and may, if the equipment or any part thereof does not comply with this Act or with the regulations, require that the operator thereof have, and the operator shall proceed forthwith to have, the equipment made to comply therewith.

Duty of operator.

150(3)

The operator of a bicycle the equipment of which is being inspected as provided in subsection (2) shall render such reasonable assistance, and provide such reasonable information, as the peace officer may require.

Bicycles on prohibited highways.

150(4)

No person shall operate a bicycle upon a highway or portion thereof, or cause or permit a bicycle to be operated

(a) on a highway or part thereof at a time when the operation of bicycles on that highway or that part thereof is prohibited under the regulations; or

(b) on a highway or part thereof on which the operation of bicycles is prohibited under the regulations.

Defacing identification marks on bicycles prohibited.

151(1)

No person shall deface, obliterate, alter, or render illegible the manufacturer's serial identification number or a municipality's identification mark or number on any bicycle.

Prohibition of sale of bicycles bearing identification defaced.

151(2)

No person shall buy or sell a bicycle on which any such mark or number has been defaced, obliterated, altered or rendered illegible, or which has not clearly and legibly stamped thereon at least the manufacturer's number or a municipality's mark and number.

Impoundment of bicycles having defaced identification marks.

151(3)

Any peace officer who, anywhere in the province, finds a bicycle without either the manufacturer's number or a municipality's identification mark and number plainly stamped thereon, or on which any such mark or number has been defaced, obliterated, altered, or rendered illegible, shall seize the bicycle and bring it before a magistrate who shall thereupon issue a summons addressed to the person in whose apparent possession the bicycle was at the time of seizure commanding him, at the time and place therein named, to show cause why it should not be confiscated.

Confiscation of bicycle.

151(4)

Upon the matter being heard, the magistrate shall make an order that the bicycle be confiscated to the municipality in which it was seized unless he is satisfied

(a) that no breach of this Act has been committed in respect of the bicycle; or

(b) that the person summoned acquired the bicycle in good faith and has had possession thereof for at least three years without knowledge of any breach of this Act with respect thereto;

in either of which cases the bicycle shall be restored to the person in whose apparent possession it was at the time of the seizure.

Order for payment of cost to owner of confiscated bicycle.

151(5)

Where a bicycle is confiscated under subsection (4), and the magistrate is satisfied that the person in whose apparent possession it was at the time of seizure acquired it in good faith and without knowledge of any breach of this Act in respect thereto, he may, on application by that person, issue a summons addressed to the person from whom the applicant alleges that he purchased it, commanding him, at the time and place named in the summons, to show cause, why an order should not be made requiring him to repay to the applicant the purchase price of the bicycle or such smaller amount as the magistrate may fix, having regard to the amount of use of the bicycle which the applicant has had and the age and condition thereof.

Order for payment.

151(6)

Upon the hearing of a matter arising under subsection (5), the magistrate may by an order, separate from, and subsequent to, any conviction or order of confiscation, adjudge that the person who sold the bicycle to the applicant shall repay to the applicant the purchase price thereof or such smaller amount as the magistrate may fix, having regard to the amount of use of the bicycle which the applicant has had and the age and condition thereof.

Disposal of other matters.

151(7)

Where all parties are before the magistrate at the time of making an order confiscating a bicycle, he may, at that time, hear and dispose of any matter arising under subsection (5) and make an order in respect thereto.

Sale of confiscated bicycle.

151(8)

Any bicycle confiscated under subsection (4) may be sold by the municipality at public auction not less than three months after the confiscation; but if the bicycle is claimed within three months after being so confiscated it shall be restored to the claimant who satisfies the secretary, clerk, or licence inspector of the municipality that he is the rightful owner thereof.

Marking of confiscated bicycle for identification.

151(9)

Before a bicycle that has been seized under subsection (3) is sold or restored to its owner, the secretary, clerk, or licence inspector, as the case may be, shall cause to be stamped thereon with steel dies an identification mark and serial number, a record of which shall be kept by the municipality; and any peace officer shall similarly cause to be stamped any bicycle presented to him for the purpose by any person who satisfies him that he is the rightful owner thereof and that he has not knowingly committed any breach of this section.

Complementary by-laws.

151(10)

The council of any municipality may pass by-laws, not inconsistent herewith, regulating the exercise or discharge of the powers and obligations contained in subsections (8) and (9).

Returns by second-hand bicycle dealers.

152(1)

Every dealer in second-hand bicycles and every dealer in second-

hand bicycle parts shall

(a) keep a record of the bicycles and parts bought, sold, and otherwise acquired or disposed of by him; and

(b) make such returns, in such form, and to such persons, and at such times, as the Lieutenant Governor in Council may, by the regulations, prescribe.

Form and contents of return.

152(2)

The record required to be kept under clause (1)(a) shall be in such form, and contain such information, as the Lieutenant Governor in Council may, by the regulations, prescribe.

Application of subsecs. 21(7) and (8).

152(3)

Subsections 21(7) and (8) apply to this section.

PART V

ACCIDENTS

Onus on owner or driver.

153(1)

Where loss or damage is sustained by any person by reason of a motor vehicle upon a highway the onus of proof that the loss or damage did not arise entirely or solely through the negligence or improper conduct of the owner or driver is upon the owner or driver.

Limitation of subsec. (1).

153(2)

Subsection (1) does not apply in case of a collision between motor vehicles on the highway or to an action brought by a passenger in a motor vehicle other than a public service vehicle in respect of any injuries sustained by him while a passenger.

Certain drivers deemed agents of owner.

153(3)

In an action for the recovery of loss or damage sustained by a person by reason of a motor vehicle upon a highway, every person driving the motor vehicle who is living with, and as a member of the family of, the owner thereof, and every person driving the motor vehicle who has acquired possession of it with the consent express or implied of the owner thereof, shall be deemed to be the agent or servant of the owner of the motor vehicle and to be employed as such and shall be deemed to be driving the motor vehicle in the course of his employment; but nothing in this subsection relieves any person deemed to be the agent or servant of the owner and to be driving the motor vehicle in the course of his employment from liability for such damages.

DAMAGES

Penalties not a bar to damages.

154

No penalty or imprisonment is a bar to recovery of damages by an injured person.

ACCIDENT REPORTS

Accident reports by operators of vehicles.

155(1)

Where an accident occurs on a highway, the person having the care, charge, or control of a vehicle involved therein shall, for the purposes of this Act and the records of the registrar, forthwith give in writing to any one injured or sustaining loss or to a peace officer or to a witness

(a) the number of the driver's licence, if any, of the driver of the vehicle;

(b) the registration number, if any, of the vehicle;

(c) if he is insured under a motor vehicle liability policy of insurance, the name of the insurer and the number of the policy;

(d) if he is not the owner of the vehicle, the name of any insurer with which the owner is insured under a motor vehicle liability policy of insurance and the number of the policy, if those particulars are known to him;

(e) if he is not the registered owner of the vehicle, the name and address of the registered owner; and

(f) if there is a peace officer present at the scene of the accident, such further particulars respecting the accident as the peace officer may require.

Operator to stop vehicle and provide particulars.

155(2)

Where an accident in which a vehicle is involved occurs on a highway, and the circumstances are such that subsection 233(2) of the Criminal Code does not apply thereto, the person having the care, charge, or control of the vehicle, shall stop it and shall proceed as required under subsection (1) and give his name and address and other information as required in that subsection to the person therein mentioned.

Action where damage caused to unattended vehicle.

155(3)

Where an accident results in damage to an unattended vehicle or to property upon or adjacent to a highway, the driver of every vehicle involved in the accident, in addition to complying with subsections (1) and (2), shall take reasonable steps to find and notify the owner of, or a person who has a right to control, the unattended vehicle or the property, of the circumstances of the accident and give to him the name and address of the driver, the registration number of the vehicle, and the number of the driver's licence; or if he cannot find and notify that person as aforesaid he shall leave in a conspicuous place in or on the vehicle struck or on the property damaged a written notice giving those particulars.

Reports of serious accidents.

155(4)

Where a report of an accident causing bodily injury to, or the death of, any person or damage to property in an amount apparently exceeding $500.00 is not made to a peace officer at the scene of the accident pursuant to subsection (1) or (2), or, in the case of any accident, it is impossible to comply with subsection (1) or (2) or to give the notice and information required by subsection (3), as the case may be, the driver, owner, or other person in charge, of each vehicle, directly or indirectly involved in the accident, if he is present at the time the accident occurs, shall forthwith give oral notice of the occurrence of the accident to a peace officer and, at the same time if possible but in any case not later than 7 days after the occurrence of the accident, report the accident to the same or another peace officer and give him a written statement of the accident, signed by the person making the statement, on a form prescribed by, or satisfactory to, the registrar, unless the driver, owner, or other person, is unable to do so by reason of injury or illness; and the peace officer to whom the report is made shall give a written acknowledgment of the receipt of the report to the person making the report if requested.

Reports by passengers.

155(5)

If the driver, owner, or other person in charge, of a vehicle involved in an accident on a highway is, by reason of injury or illness, or other emergency, unable to make the report and give the statement required by subsection (4), each person who was being carried in or upon any such vehicle at the time of the accident shall make the report, or cause it to be made, and give the statement or cause it to be given, in respect of the vehicle in or upon which he was being carried.

Later report.

155(6)

Where the driver is alone, and is incapable of making the report required by subsection (1) or (2), he shall make the report forthwith after becoming capable of making it.

Limitation on prosecution.

155(7)

No prosecution for a violation of subsection (1), (2), (3), (4) or (5) shall be commenced after 2 years have elapsed from the date of the violation.

Action where animal injured.

155(8)

When a domestic animal is injured by a motor vehicle, the driver or person required, under subsection (1), (2), (4), or (5), to report the accident shall

(a) forthwith report the occurrence to the owner of the animal if known or if he can readily be found, and otherwise to the first peace officer whom he can find or to the clerk of the municipality in which the accident occurs; and

(b) if practicable, remove the animal from the roadway.

Action by peace officer or municipal clerk.

155(9)

A peace officer or municipal clerk to whom such a report is made under subsection (8) shall proceed as is required in the case of a large animal under subsection 72(2) of The Animal Husbandry Act.

Offence and penalty.

155(10)

Any person who contravenes, disobeys or violates, or refuses, omits, neglects or fails to observe, obey or to comply with, any provision of this section is guilty of an offence and is liable, on summary conviction, to a fine of not less than $25.00 or more than $500.00, or, in the discretion of the convicting judge or justice, to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment and, in either case, in the discretion of the convicting judge or justice to suspension for a term of not more than one year of any licence or instruction permit issued to the person.

Reports by garage owners respecting damaged motor vehicles.

156(1)

The person in charge of any garage, parking station, parking lot, or used-car lot, to which is brought any motor vehicle that shows evidence of having been involved in a serious accident or struck by a bullet shall report the facts to the chief constable of the municipality in which the garage, parking station, parking lot, or used-car lot is situated or to the person in charge at the headquarters or station of the nearest detachment of the Royal Canadian Mounted Police Force within twenty-four hours after the motor vehicle is received, giving the serial number, registration number, and, where known, the name and address of the owner or driver of the vehicle and of the person who brought it to, or left it in, the garage, parking station, parking lot, or used-car lot.

Offence and penalty.

156(2)

Any person who contravenes or fails to comply with subsection (1) is guilty of an offence and liable, on summary conviction, to a fine of not more than $1,000.00 or to imprisonment for a term of not more than six months.

Inspection of records.

156(3)

A peace officer may enter any place used in the business of repairing damaged motor vehicles and make such investigation and inspection of the premises and of the records as he thinks proper and necessary to ascertain whether compliance is being made with this section.

Reports by doctors and optometrists.

157(1)

A duly qualified medical practitioner or optometrist shall report to the registrar the name, address and clinical condition of any person of sixteen years of age or over attending upon the duly qualified medical practitioner or optometrist for medical or optometric services who, in the opinion of the duly qualified medical practitioner or optometrist, is suffering from a condition that may make it dangerous for that person to operate a motor vehicle.

No right of action against doctor.

157(2)

No person has a right of action against a duly qualified medical practitioner or optometrist for furnishing to the registrar a report as mentioned in subsection (1).

Appeal of suspension, etc.

157(3)

Where the registrar suspends or cancels or places any restrictions on the licence of any person or refuses to issue a licence to any person because it is alleged that the person is suffering from a condition that may make it dangerous for that person to operate a motor vehicle, or a motor vehicle of any class, the registrar shall disclose to the person the nature of the condition and the person may appeal the decision of the registrar to the medical review committee established under this section not later than 30 days after

(a) the suspension or cancellation of the licence; or

(b) the placing of the restrictions on the licence; or

(c) the refusal to issue the licence;

by the registrar.

Medical review committee.

157(4)

For the purpose of hearing an appeal under subsection (3) or under subsection 28(3) the minister shall establish a medical review committee consisting of

(a) 3 duly qualified medical practitioners, one of whom shall be a specialist in neurology, one of whom shall be a specialist in cardiology or an internist, and one of whom shall be a general practitioner;

(b) one person who is not a duly qualified medical practitioner; and

(c) one person who is a duly qualified ophthalmologist or optometrist.

Chairman.

157(5)

The minister shall appoint one of the members of the medical review committee as chairman thereof.

Powers of medical review committee.

157(6)

Upon hearing an appeal under this section, the medical review committee may

(a) require an appellant to undergo such further medical examinations as the committee considers necessary;

(b) require an appellant or the registrar to produce medical reports from duly qualified medical practitioners concerning any aspects of the health or physical or mental condition of the appellant;

(c) receive such evidence and arguments as may be submitted by the appellant, the registrar or both; and

(d) give such weight to medical reports, evidence and arguments as they think fair and just;

and may confirm, quash or vary the decision of the registrar; and decision of the committee is final.

Report privileged.

157(7)

Any report given under subsection (1) is privileged and for the information of the registrar and the medical review committee only, and, except to prove compliance with subsection (1), is not admissible as evidence for any purpose in any action or proceeding in any court.

Payment of fee by appellant.

157(8)

Where an appellant files an appeal with the medical review committee under this section, he shall pay to the registrar such fee as may be prescribed in the regulations.

Reports confidential.

158(1)

Except as herein provided, a statement or written report made or furnished under section 155 or 156

(a) is not open to public inspection; and

(b) on the trial of the person making the statement or report on a charge of having violated any provision of this Act, other than section 224, or any provision of a municipal by-law, is not admissible in evidence and shall not be used, nor shall any reference to it be made for any purpose in connection with such a trial.

Information to be furnished by peace officer.

158(2)

Every peace officer to whom any such report or statement is made shall forthwith deliver or mail,

(a) in the case of a constable of the Royal Canadian Mounted Police Force, to the senior officer of that force in Manitoba; and

(b) in other cases, to the chief constable of the force to which the peace officer belongs or of the municipality in which the accident occurred;

the following information, if it is available, that is to say,

(c) the date, time, and place, of the accident to which the report or statement relates;

(d) the name, address, and occupation, of the owner of each vehicle involved and of the driver thereof;

(e) the details respecting the make, year, and type of each vehicle, the serial number thereof, and the registration number thereof;

(f) the number of the licence issued to the driver of each vehicle;

(g) the particulars as to the motor vehicle liability insurance card or financial responsibility card, if any, issued in respect of each vehicle, the number of the insurance policy issued in respect of each vehicle, the date of expiry thereof, and the name of the insurer by which the policy was issued;

(h) the speed and direction of travel of each vehicle immediately before the occurrence of the accident;

(i) the traffic control devices, if any, situated adjacent to the scene of the accident;

(j) the light conditions and weather conditions existing at the time of the accident;

(k) the type of road construction at the scene of the accident, and the condition of the road; and

(l) the number of passengers, if any, in each vehicle.

Copies to registrar.

158(3)

The senior officer in Manitoba of the Royal Canadian Mounted Police Force and the chief constable of each municipality, on receipt of the particulars of an accident, or a report and statement concerning an accident, in which a vehicle is in any manner, directly or indirectly, involved, shall forthwith send to the registrar a copy of those particulars or of that report and statement on a form prescribed by, or satisfactory to, the registrar.

Copies to interested parties.

158(4)

On request of a person involved in the accident or his authorized representative, or a person or insurance company who or which has paid, or may be liable to pay, for damages resulting from the accident, the senior officer or chief constable, as the case may be, shall furnish to him

(a) the information received by him under subsection (2) respecting the accident; and

(b) if authorized in writing by the Attorney-General, either generally or in any specific case, such other information and particulars contained in the report or statement as may be specified in the written authorization.

Supplemental reports.

159(1)

The registrar may require the driver, owner, or other person in charge, of a vehicle that is in any manner, directly or indirectly, involved in an accident, and any peace officer to file, upon a form furnished by the registrar, a supplemental report of an accident in any case where, in the opinion of the registrar, the original report of the accident is insufficient.

Confidential.

159(2)

A supplemental report furnished under subsection (1) is without prejudice, and for the information of the minister and the registrar, and is not open to public inspection.

PROOF OF FINANCIAL RESPONSIBILITY

Giving of proof of financial responsibility.

160(1)

Where proof of financial responsibility is required to be given by any person it shall be given by him to the registrar except where it is by this Act expressly required to be given to some other person.

Maintenance of proof.

160(2)

Subject to subsection 271(5), where proof of financial responsibility is required to be given by any person, unless he is, under subsection (3), subsequently exempted from maintaining the proof, he must thereafter at all times maintain it

(a) while he holds a driver's licence or chauffeur's licence or instruction permit; or

(b) while any motor vehicle is registered in his name; or

(c) in the case of a person who is not a resident of the province, while he has the privilege of driving a motor vehicle in the province or the privilege of using, or having in the province, a motor vehicle registered in his name in any province, state, or country;

and the registrar shall suspend the licence or permit of, and the registration of every motor vehicle registered in the name of, any person who fails to comply with this subsection until he gives proof of financial responsibility.

Exemption from maintenance of proof of financial responsibility.

160(3)

Where a person is required to give proof of financial responsibility under section 270 or 271 in respect of a judgment or accident, if, after a period of thirty-six months next following the end of the month in which the liability to give proof first arose, and the registrar is satisfied that the judgment has been satisfied, the registrar shall exempt the person from maintaining proof in respect of the judgment or accident.

Amount of proof required.

160(4)

Subject to subsection (5), where proof of financial responsibility is required to be given by any person, it shall be given by that person,

(a) if he is a driver and not an owner; and

(b) if he is an owner, in respect of each motor vehicle registered in his name; in not less than $200,000.00 (exclusive of interest and costs) in respect of liability arising from

(c) bodily injury to, or the death of, one or more persons; or

(d) loss of, or damage to, property;

in one accident, or from both the causes stated in clauses (c) and (d); and shall include a provision that

(e) claims arising out of bodily injury or death have priority, to the extent of $90,000.00 over claims arising out of loss of, or damage to, property; and

(f) claims arising out of loss of, or damage to, property have priority, to the extent of $10,000.00, over claims arising out of bodily injury or death.

Where additional proof required.

160(5)

The minister may, in his discretion, at any time, require proof of additional financial responsibility to that filed or deposited by a driver or owner pursuant to this Part; and the registrar may suspend the driver's licence and the owner's registration, if any, until the proof has been furnished.

Proof by owner of fleet.

160(6)

In the case of an owner of ten or more motor vehicles to whom this Part applies, proof of financial responsibility in a form, and in an amount not less than $200,000.00, satisfactory to the registrar, may be accepted as sufficient for the purposes of this Part.

Form of proof.

161(1)

Subject to subsection 160(6), where proof of financial responsibility is required to be given by any person, it shall be given in one of the alternative forms hereinafter described, namely;

(a) the written certificate, filed with the registrar, of an insurance company duly authorized to carry on in the province the business of automobile insurance, which certificate shall certify

(i) that the company has issued to, or for the benefit of the insured named therein, a motor vehicle liability policy, in the form required by this Part, which, at the date of the certificate, is in full force and effect, and

(ii) that the motor vehicle liability policy therein mentioned shall not be cancelled or expire except upon ten days' prior written notice thereof to the registrar; or

(b) the bond of a guarantee insurance or surety company duly authorized to carry on business in the province, which bond shall

(i) be payable to the Minister of Finance,

(ii) be in a form approved by the registrar,

(iii) be filed with the registrar,

(iv) be conditioned for the payment of the amount specified in this Part, and

(v) not be cancelled or expire except after ten days' written notice to the registrar; or

(c) the certificate of the Minister of Finance that the person named therein has deposited with him a sum of money, or security for money approved by the Minister of Finance, in the amount or value of $200,000.00 for each motor vehicle registered in the name of the person; which deposit shall be accepted and certificate issued by the Minister of Finance on request by that person; or

(d) a motor vehicle liability insurance card.

Effect of cancellation, etc., of licence of insurer.

161(2)

Where the Superintendent of Insurance notifies the registrar that the licence of an insurer duly authorized to carry on in the province the business of automobile insurance has been cancelled or suspended, a certificate given under clause (1)(a) by that insurer is not, thereafter, proof of financial responsibility; and the registrar shall immediately require every person who is maintaining proof of financial responsibility by such a certificate from that insurer to file, within ten days or such shorter period as may be fixed by the registrar, further proof of financial responsibility by a certificate from some other insurer or in any other form authorized by subsection (1).

Failure to file further proof.

161(3)

Where a person required under subsection (2), to file further proof of financial responsibility fails to do so within the time fixed, this Part applies as if he had not previously filed proof of financial responsibility.

Validity of certificate.

161(4)

Where a certificate has been given by an insurance company under clause (1)(a), until notice of cancellation or expiration is given by the company to the registrar as provided in that clause or until the certificate ceases, as provided in subsection (2), to be proof of financial responsibility, the certificate is valid and sufficient to cover the term of renewal of a motor vehicle liability policy by the insurer, or any renewal or extension of the term of the insured's licence or registration by the registrar.

Proof by non-residents.

161(5)

A person who is not a resident of Manitoba may, for the purposes of this Part, give proof of financial responsibility,

(a) as provided in subsection (1); or

(b) subject to subsection (6), by filing a certificate of insurance in a form approved by the registrar, issued by any insurer authorized to transact automobile insurance in the province, state, territory, district, or country, in which the person resides.

Certificates of unlicensed insurers.

161(6)

A certificate issued under clause (5) (b) by an insurer that is not authorized to carry on in Manitoba the business of automobile insurance is not effectual for the purpose of subsection (5) unless the insurer has filed with the Superintendent of Insurance, in a form prescribed by him,

(a) a power of attorney authorizing the Superintendent of Insurance to accept service of notice or process for itself in any action or proceeding against it arising out of a motor vehicle accident in Manitoba;

(b) an undertaking

(i) to appear in any action or proceeding against it or its insured arising out of a motor vehicle accident in Manitoba and of which it has knowledge,

(ii) that upon receipt from the Superintendent of Insurance of any notice or process served upon him in respect of its insured, or in respect of its insured and another or others, and sent by the superintendent to it as hereinafter provided, it will forthwith cause the notice or process to be personally served upon its insured, and (iii) not to set up any defence to any claim, action, or proceeding, under a motor vehicle liability policy issued by it, which might not be set up if the policy had been issued in Manitoba in accordance with the law of Manitoba relating to motor vehicle liability policies, and to satisfy up to the limits of liability stated in the policy and, in any event, to an amount not less than the limits of liability fixed in section 160 any judgment rendered against it or its insured by a court in Manitoba, and become final, in any such action or proceeding.

Service of documents on unlicensed insurers.

161(7)

Subject to subsection (8), where an insurer to which subsection (5) refers is not authorized to carry on in Manitoba the business of automobile insurance, notice or process in any action or proceeding in Manitoba against it or its insured arising out of a motor vehicle accident in Manitoba, may be effectually served upon the insurer or the insured, or upon both of them, by leaving three copies of the notice or process with the Superintendent of Insurance.

Statement furnished to Superintendent of Insurance.

161(8)

Where the insurer is not a party to the action or proceeding, the person who leaves with the superintendent the copies of the notice or process shall, at the same time, leave with him a written statement, signed by the person who issued or caused to be issued the notice or process, and stating the full name and address of the insurer against whose insured the action or proceeding is taken.

Action by Superintendent of Insurance.

161(9)

Upon receipt of notice or process under subsection (7), the Superintendent of Insurance shall forthwith mail two copies thereof, by registered mail, to the insurer at its address last known to him.

Evidence of undertaking by unlicensed insurer.

161(10)

In any action or proceeding against an insurer who has given to the superintendent an undertaking under clause (6)(b), the plaintiff may give evidence of the undertaking; and the undertaking shall for all purposes of the action or proceeding be deemed to be a covenant for valuable consideration made by the insurer with the plaintiff.

Action on default by unlicensed insurer.

161(11)

Where an insurer that has filed the documents described in subsection (6) defaults thereunder, certificates of the insurer shall not thereafter be accepted as proof of financial responsibility so long as the default continues; and the registrar shall forthwith give written notice of the default to the Superintendent of Insurance and to the proper officers in charge of the registration of motor vehicles, and the licensing of drivers, in all provinces of Canada and in all states, territories, or districts, in the United States where the certificates of the insurer are accepted as proof of financial responsibility.

SECURITY FOR DAMAGES CAUSED BY ACCIDENT

Amount of security for damages.

162

Where security is required to be given by any person under clause 271(4)(a), it shall be given by him to the registrar in the amount required by the registrar but not in any case exceeding $200,000.00 (exclusive of interest and costs) in respect of liability resulting from

(a) bodily injury to, or the death of, one or more persons; or

(b) loss of, or damage to, property;

in one accident, or from both the causes stated in clauses (a) and (b); and shall include a provision that

(c) claims arising out of bodily injury or death have priority, to the extent of $180,000.00, over claims arising out of loss of, or damage to, property; and

(d) claims arising out of loss of, or damage to, property have priority, to the extent of $20,000.00, over claims arising out of bodily injury or death.

Form of security.

163

Where security is required to be given by any person under clause 271(4) (a), it shall be given by the certificate of the Minister of Finance that the person named therein has deposited with him the sum of money fixed by the registrar, or security for money approved by the Minister of Finance, which deposit shall be accepted and certificate issued by the Minister of Finance on request by that person.

DISPOSITION OF DEPOSITS

Proof of financial responsibility as security for payment.

164(1)

Proof of financial responsibility given under section 161, shall be held as security for the payment of any judgment that may be recovered against the person making the deposit in an action for damages resulting from bodily injury to, or the death of, another or damage exceeding $500.00 to property caused by an accident, occurring after the date upon which the deposit is made and occasioned by, or arising out of, the ownership, maintenance, operation, or use, of a motor vehicle by the person making the deposit or by any other person for whose negligence the person making the deposit is liable.

Security with Minister of Finance held as security for payment.

164(2)

Any money or security deposited with the Minister of Finance under section 163, shall be held by the Minister of Finance as security for the payment of any sum that may be agreed upon as liquidated damages, or any judgment that may thereafter be recovered against the person making the deposit in an action for damages resulting from bodily injury to, or the death of, another or damages exceeding $500.00 to property caused by an accident,

(a) by reason of the occurrence of which the deposit of security is required; and

(b) which was occasioned by, or arose out of, the ownership, maintenance, operation, or use, of a motor vehicle by the person making the deposit or by another person for whose negligence the person making the deposit is liable.

Order for payment from security deposited.

164(3)

Money and securities deposited with the Minister of Finance shall be paid over by him on the order of the court, or of a judge thereof, to satisfy a judgment recovered as set out in subsection (1) or (2), or to satisfy any sum that may be agreed upon as liquidated damages occasioned by, or arising out of, the accident.

Security not subject to other claims.

164(4)

A bond, money, or security, deposited with the registrar or the Minister of Finance pursuant to section 161 or 163, shall not, in the hands of the registrar or the Minister of Finance, respectively, be subject to any other claim or demand.

Action to recover on bond.

164(5)

Where a judgment to which this Part applies is rendered against the principal named in the bond deposited with the registrar, and the judgment is not satisfied within thirty days after it has been rendered, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action on the bond in the name of the Minister of Finance; and may, to the extent of the bond but no more, recover the amount of his judgment and costs against the person executing the bond; and the amount so recovered shall, on the order of the court in which the judgment is obtained, or of a judge thereof, be paid over to the person recovering the judgment.

Payment where settlement made.

164(6)

Where the Minister of Finance is satisfied that a sum has been agreed upon as liquidated damages occasioned by, or arising out of, the accident, upon request of the person making the deposit he may, from the money or securities so deposited, pay to the person entitled thereto the sum agreed upon; and, if he is satisfied that the sum agreed upon has been paid, he may pay to the person making the deposit the money or securities so deposited with him or the balance thereof remaining in his hands after making payment as aforesaid of the sum agreed upon.

INSURANCE POLICIES

Nature of liability policy.

165(1)

A motor vehicle liability policy to which reference is made in this Part includes insurance coverage provided under The Manitoba Public Insurance Corporation Act and the regulations made thereunder, whether evidenced by a form of policy or not, or in a form prescribed under The Insurance Act.

Delivery of certificate of financial responsibility.

165(2)

Any insurer that has issued a motor vehicle liability policy to a person who is required under this Part to give proof of financial responsibility shall, as and when the insured requests, deliver to him for filing, or file direct with the registrar, a certificate for the purposes of this Part.

Certificate conclusive.

165(3)

Such a certificate filed with the registrar shall be a conclusive admission by the insurer that a policy has been issued in the form prescribed by subsection (1) and in accordance with the terms of the certificate.

Notice of cancellation or expiry of policy.

165(4)

Every insurer shall notify the registrar of the cancellation or expiry of any motor vehicle liability policy for which a certificate has been issued, at least ten days before the date of the cancellation or expiry; and, in the event of failure to give such notice, the policy shall remain in full force and effect.

RECIPROCAL ARRANGEMENTS

Suspension of driving privileges of non-resident judgment debtor.

166(1)

Subject to subsection 270(7), where a judgment is rendered by any court in Canada or the United States against a person who is not a resident of the province and who fails to satisfy the judgment within 30 days from the date thereof, in an action for damages resulting from bodily injury to, or the death of, another, or damage exceeding $500.00 to property, occasioned by, or arising out of, the ownership, maintenance, operation, or use, of a motor vehicle by that person, the privilege of driving a motor vehicle in the province (other than to remove it therefrom) and the privilege of using, or having in the province, a motor vehicle registered in any province, state, or country in the name of that person, by reason thereof, is and becomes suspended forthwith upon the recovery of the judgment, and remains suspended until the person has, to the extent required by subsection 270(5), discharged or satisfied the judgment and given proof of financial responsibility.

Suspension of non-resident for conviction.

166(2)

Where a person who is not a resident of the province is convicted by any court in Canada or the United States of an offence mentioned in subsection 264(1), or of an offence that, if committed in Manitoba, would be a violation of one or more of the provisions of the law mentioned in subsection 264(1), or forfeits his bail when charged with such an offence, the privilege of driving a motor vehicle in the province (other than to remove it therefrom) and the privilege of using, or having in the province, a motor vehicle registered in any province, state, or country in the name of that person, by reason of the conviction or forfeiture, is and becomes suspended forthwith upon such conviction or forfeiture, and remains suspended until he gives proof of financial responsibility.

Suspension of non-resident involved in accident.

166(3)

Where a person who is not a resident of the province is the driver or owner of a motor vehicle that is in any manner, directly or indirectly, involved in an accident causing bodily injury to, or the death of, any person or damage to property in an amount apparently exceeding $500.00, the privilege of driving a motor vehicle in the province (other than to remove it therefrom) and the privilege of using, or having in the province, a motor vehicle registered in any province, state, or country in the name of that person, by reason of the motor vehicle being, directly or indirectly, involved in the accident, is suspended forthwith upon the happening of the accident, and remains suspended until the person

(a) gives security, sufficient in the opinion of the registrar, to satisfy any judgment that may thereafter be recovered against that person as a result of the accident, or any sum that may be agreed upon as liquidated damages, but subject to the limit as to amount stated in section 160; and

(b) gives proof of financial responsibility.

Suspension of licence where privileges suspended elsewhere.

167

Where the registrar receives evidence satisfactory to him showing that the privilege of any person of driving a motor vehicle, or the registration of a motor vehicle in the name of that person, or both that privilege and that registration, has or have been suspended or cancelled pursuant to a law of any part of Canada other than Manitoba, or pursuant to a law of the United States, or any state thereof, the tenor of which the registrar deems to be analogous to this Part, he shall suspend any like privilege accorded to, or driver's licence granted to, that person in Manitoba, or the registration of any motor vehicle in his name, or both the privilege or licence and the registration; and, subject to subsection (2), they remain suspended while the like privilege and registration, or either of them, remain suspended or cancelled in that part of Canada or the United States.

PART VI

PROHIBITIONS, OFFENCES, AND PENALTIES

DIVISION I

PROHIBITIONS AS TO REGISTRATIONS, LICENCES AND PERMITS

Note: Under The Interpretation Act, "justice" includes magistrate and a justice of the peace.

Age limit for registration.

168(1)

No person under the age of sixteen years shall register a motor vehicle.

Limitation on registration by persons under eighteen.

168(2)

No person under the age of eighteen years shall register a motor vehicle unless the application for registration thereof has been approved and signed

(a) by his father and mother; or

(b) if either his father or his mother is dead or the registrar is satisfied that it is not practicable or not desirable to obtain the approval and signature of both of them, by either his father or his mother; or

(c) if both his father and his mother are dead, or if the registrar is satisfied that the approval and signature of neither of them should be required, by his legal guardian; or

(d) in a case to which clause (c) applies, if the applicant has no legal guardian, by his employer, if any, or by any other person deemed by the registrar to be a responsible and suitable person.

Cancellation of registration issued to minor.

168(3)

The registrar, on the written request of a person who has approved and signed an application by a minor pursuant to subsection (2) shall cancel the registration made by the minor.

Prohibition of truck registration.

169

No person shall register a motor vehicle that is not a truck as a truck.

Prohibitions respecting registrations, use of licences, cards, etc.

170(1)

No person shall

(a) use or possess a licence belonging to another or a fictitious, cancelled, or suspended licence or registration, or permit another to use or possess his licence; or

(b) apply for, or procure the issuance of a new licence to himself during the period his licence is cancelled or suspended or during the period that he is disqualified from holding a licence, notwithstanding that the year for which the licence was issued has expired; or

(c) apply for or procure the registration of a motor vehicle during the period that the registration of the motor vehicle or the registration card issued therefor is suspended or cancelled or during the period in which he is disqualified from registering a motor vehicle, notwithstanding that the year for which the registration was made has expired; or

(d) use a licence that is not current and subsisting; or

(e) alter or deface a registration card, a licence, a motor vehicle liability insurance card, or a certificate of insurance issued under The Manitoba Public Insurance Corporation Act, or any other document, certificate, permit or card issued under, or required by, this Act; or

(f) use or possess a registration card, a licence, a permit, a motor vehicle liability insurance card, or a certificate of insurance issued under The Manitoba Public Insurance Corporation Act, or any other document, certificate, permit or card issued under, or required by, this Act, that has been altered or defaced; or

(g) lend his permit or licence of any class to another person or permit another person to use it; or

(h) represent himself to be another person who, as applicant for a licence, is required to take an examination as provided herein before a licence is issued to him;

(i) hold, at any time, more than one valid and subsisting chauffeur's or driver's licence issued by a competent authority in any jurisdiction.

Offence and penalty.

170(2)

Every person who contravenes, disobeys, or violates, or who refuses, omits, neglects or fails to observe, obey, or comply with, clause (1)(a), (b), (c), (e), (g) or (h) is guilty of an offence and is liable, on summary conviction, to a fine of not less than $50.00 or more than $500.00; and in addition the convicting judge or justice

(a) may suspend the licence of the person convicted for a term not exceeding 6 months; or

(b) if the licence or the registration of the motor vehicle of the person convicted has been cancelled or has been suspended for a period not expired, or if he has been disqualified from holding a licence or registering a motor vehicle for a period not expired, or both, may suspend his licence and right to have a licence for a period of not more than 6 months next following

(i) the latest date upon which any such suspension or disqualification expires; or

(ii) the date of the conviction; whichever is the later.

Defacing identifying marks.

171(1)

No person shall, without the permission of the registrar,

(a) alter, deface or remove from a motor vehicle the manufacturer's serial number or other identifying mark issued or permitted by the registrar; or

(b) possess, own, operate or buy, sell, wreck or otherwise deal in a motor vehicle of which the manufacturer's serial number or other identifying mark has been altered, obliterated, removed or defaced, or is not readily recognizable.

Alteration or illegal use of number plates, etc.

171(2)

No person shall

(a) deface or alter a number plate or a validation sticker issued under section 6, or use or permit the use of an altered number plate or validation strip; or

(b) use or permit the use of a number plate or validation sticker issued for another motor vehicle or trailer; or

(c) remove a number plate or validation sticker from any motor vehicle or trailer, without the authority of the owner thereof; or

(d) use or permit the use of, or display, a number plate or validation sticker on a motor vehicle or trailer that has not been issued under this Act or that has not been issued for that motor vehicle or trailer, unless otherwise permitted under this Act.

Offence and penalty.

171(3)

Any person who contravenes, disobeys, or violates, or refuses, omits, neglects, or fails to observe, obey, or comply with, any provision of subsection (1) or (2) is guilty of an offence and is liable, on summary conviction, to a fine of not less than $50.00 or more than $100.00 and, in addition, to suspension of his licence for a term of not more than six months.

Misrepresenting model year.

172(1)

No person shall represent the model year of a vehicle on a sale thereof, in offering it for sale, or in any application made for its registration or for a permit for it under this Act, to be other than the model year as designated by the manufacturer of the vehicle at the time it was manufactured.

Offence and penalty.

172(2)

Every person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine of not less than $100.00 or more than $500.00.

Driver's licence required.

173(1)

Subject to subsection 33 (1), no person shall drive a motor vehicle upon a highway unless he

(a) holds a valid and subsisting licence; and

(b) the licence is of a class that authorizes him to operate the class of vehicle he is operating.

Compliance with restricted licence.

173(2)

A person holding a licence issued under subsection 24(6), and no other licence, shall not drive a motor vehicle other than one that the licence authorizes him to drive; and he shall observe and conform to the restrictions, conditions, or limitations, set out in the licence.

Prohibitions as to age and health.

174(1)

No person shall drive a motor vehicle upon a highway

(a) who is under the age of sixteen years; or

(b) who is suffering from any disease or physical disability which would be likely to cause the driving by him of a motor vehicle to be a source of danger to the public.

Non-application of cl. (1)(a).

174(2)

Clause (1)(a) does not apply to a person to whom the registrar has issued a learner's licence under section 25.

Age limit for certain vehicles.

174(3)

No person under 18 years of age shall operate

(a) a semi-trailer truck; or

(b) a truck having a gross weight including load thereon greater than 11,000 kilograms except a truck that is registered as a farm truck and is being operated in connection with a farming operation; or

(c) a bus with a seating capacity greater than 12 persons; or

(d) a taxi; or

(e) an ambulance.

Licence of particular class required.

174(4)

No person shall drive a motor vehicle of a particular class or type prescribed in the regulations upon a highway unless he holds a licence of a class that authorizes him to drive that class or type of motor vehicle.

Driving of overweight vehicles prohibited.

175(1)

The owner of a motor vehicle or trailer shall not drive or cause it to be driven upon a highway at any time when the gross weight thereof is in excess of that for which the motor vehicle or trailer is registered.

Offence and penalty.

175(2)

Every person who contravenes or fails to comply with subsection (1) is guilty of an offence and liable, on summary conviction,

(a) for a first offence, to a fine of not less than $25.00 or more than $100.00;

(b) for a second offence, to a fine of not less than $50.00 or more than $200.00; and

(c) for a third or subsequent offence, to a fine of not less than $100.00 or more than $500.00;

and in addition the registration of the motor vehicle may be suspended for any period not exceeding six months, and he is also liable to imprisonment for a term not exceeding sixty days.

Compliance with restricted registration card.

176(1)

A person to whom the registrar has issued a registration card subject to conditions or restrictions imposed under section 5 shall not drive, authorize, permit or cause the motor vehicle to be driven upon a highway, contrary to any conditions or restrictions imposed and set out in the registration card.

Offence and penalty.

176(2)

Every person who contravenes or fails to comply with subsection (1) is guilty of an offence and liable, on summary conviction, to a fine of not less than $25.00 or more than $100.00, and in addition the registration of the motor vehicle may be suspended for any period not exceeding six months.

Unduly slow speed prohibited.

177(1)

No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable flow of traffic except when it is necessary to do so for safe operation or to comply with this Part.

Restriction on driving farm tractor.

177(2)

No person shall drive a farm tractor on any highway at a speed in excess of 40 kilometres per hour.

Maximum speed for certain implements of husbandry.

177(3)

No person shall drive or tow an implement of husbandry which is equipped with tires designated by the manufacturer thereof for off-road service at a speed that is greater than the lesser of

(a) the maximum speed recommended by the tire manufacturer and imprinted on the side wall of the tire; or

(b) 70 km/h.

Restriction on speed of special mobile machines.

177(4)

No person shall drive a self-propelled special mobile machine on a highway at a speed in excess of 50 kilometres per hour.

Age for driving farm tractor, etc.

177(5)

No person under the age of sixteen years shall drive upon a provincial highway a farm tractor, self-propelled implement of husbandry or a special mobile machine.

Warning device on slow vehicles.

178(1)

Subject to subsection (2), no person shall drive or operate on a highway any implement of husbandry or any vehicle travelling at a speed less than 40 kilometres per hour unless there is displayed on the back thereof a reflectorized warning device of a type approved by the traffic board indicating that it is a slow moving vehicle, or the vehicle is permitted to be equipped with, and is equipped with, a lamp that emits an amber light and that lights intermittently or flashes, and the lamp is in operation and the light therefrom is visible from the rear.

Where subsection (1) not applicable.

178(2)

Subsection (1) does not apply to a vehicle, moped or mobility vehicle that is being driven at a speed of less than 40 kilometres per hour

(a) in order to comply with any provision of this Act or the regulations or with the order of a peace officer or with the directions indicated by means of a traffic control device; or

(b) when the vehicle, having been stopped, has just been put into operation and the speed thereof is being accelerated, or when the speed of the vehicle is being decreased in order to bring it to a stop; or

(c) when the vehicle is disabled and is being towed or when, due to mechanical failure, it is impossible to drive the vehicle at more than 40 kilometres per hour.

Unnecessary noise or smoke.

179(1)

No person in control or charge of a motor vehicle shall,

(a) sound or permit the sounding of any bell, horn, or other signalling device so as to make an unnecessary noise; or

(b) permit any unnecessary amount of smoke to escape from the motor vehicle; or

(c) cause the motor vehicle to make an unnecessary noise by cutting out the muffler or otherwise; or

(d) drive the motor vehicle upon a highway unless it is equipped with a muffler in good working order;

but clause (a) does not apply to police or fire department vehicles or to ambulances while such vehicles or ambulances are travelling in emergencies, or to a motor vehicle operated under the authority of the Provincial Co-ordinator of Civil Defence for Manitoba.

Unnecessary noise.

179(2)

No person shall start, drive, turn or stop a motor vehicle, or accelerate the motor of a motor vehicle while it is stationary, in such a manner as to cause any loud and unnecessary noise in, or from, the engine, exhaust system or braking system, or from the contact of tires with the roadway.

Registration of farm truck.

180(1)

No person, other than a farmer, shall register a truck as a farm truck.

Authorized use of farm truck.

180(2)

A farm truck may be used by the registered owner thereof, or by a member of his family or his employee, for the transportation of

(a) produce or products, including livestock, of his own farm; or

(b) commodities or other property for use on his farm; or

(c) produce or products of the farm other than milk, eggs and livestock belonging to another farmer; or

(d) himself or members of his family, or his employees; or

(e) property belonging to another farmer for use on that other farmer's farm.

Limitation on use of farm truck.

180(3)

No person shall use a farm truck for the transportation of goods, wares, merchandise or other commodities, produce or livestock, or of persons, except as provided in subsection (2).

Farm truck not to be used for hire.

180(4)

No person shall use a farm truck for the transportation of persons or property for hire, gain or reward or the hope or expectation thereof.

Operation of farm truck for hire.

180(5)

Notwithstanding subsection (4), a person may use a farm truck

(a) to transport cereal grain, oil seeds or sugar beets from the farm where the crop was grown to a grain elevator or processing plant; or

(b) to transport vegetables or fruit from the farm where the crop was grown to a processing plant or to market; or

(c) in the case of a fire of or in a grain elevator, to transport grain stored in the grain elevator to a place directed by the owner of the grain elevator;

and may receive compensation therefor.

Towing of vehicles transporting hazardous commodities.

181

Every person towing a vehicle or tank-trailer that is transporting any hazardous commodity upon a highway shall comply with the regulations.

Moving vehicle not under control prohibited.

182(1)

No person shall cause a vehicle to move on a highway if

(a) the control of the driver over the driving mechanism of the vehicle; or

(b) the view of the driver to the front or sides of the vehicle;

is obstructed or limited by reason of the load or the number of persons on the front seat, or in any other part of the vehicle.

Passengers not to block view of driver.

182(2)

A passenger in a vehicle shall not occupy a position in it that interferes with the driver's view to the front or sides of the vehicle or with his control over the driving mechanism of the vehicle.

Undue crowding on front seat prohibited.

182(3)

No driver of a motor vehicle shall permit more than two passengers to sit on the front or driver's seat of the vehicle while it is being driven on a highway, or permit any passenger to occupy any other portion of the vehicle in such a way that the view of the driver to the front or sides of the vehicle is obstructed or limited.

Obstruction of view.

182(4)

Subject to section 58, no person shall drive a motor vehicle upon a highway while anything other than a standard rear view mirror or sun visor

(a) obstructs the view from the front windshield; or

(b) obstructs the view from the side windows; or

(c) obstructs the view from the rear windows unless the motor vehicle is equipped on each side thereof with a mirror, securely attached thereto and placed in such a position as to afford the driver, while driving, a clear view of the roadway in the rear and on both sides of the motor vehicle and of any vehicle approaching from the rear.

No plastic, etc. to be applied to windows.

182(5)

No person shall apply a plastic film or substance to the windshield, rear window or to the front side windows of a motor vehicle which is capable of reducing the transmission of light or cause reflection of the interior of the motor vehicle or cause reflection of light in such a manner as to be hazardous.

Certain types of glass prohibited.

182(6)

No person shall equip a motor vehicle with glass of a type which transmits light in one direction only.

Driving vehicle with plastic applied to windows prohibited.

182(7)

No person shall drive a motor vehicle on a highway which has been equipped contrary to subsection (5) or (6).

Use of frost shields excepted.

182(8)

Subsections (5), (6) and (7) do not apply in the case of a motor vehicle equipped with frost shields as required by the Act or displaying a sticker for which a permit has been issued under section 58.

Occupancy of "bucket" seats.

182(9)

Where any seat installed in the front of a motor vehicle is of a type designed to accommodate one person only, commonly called a "bucket" seat,

(a) the driver of the vehicle shall not permit more than one person to occupy that seat;

(b) the driver of the vehicle shall not permit any person to occupy the space between the driver's seat and the seat immediately beside the driver;

(c) no person shall, together with another person, occupy the seat; and

(d) no person shall occupy the space between the driver's seat and the seat next to the driver's seat.

Limitation on subsec. (9).

182(10)

Subsection (9) does not prohibit a person who is occupying a seat of the type to which reference is made in that subsection holding an infant in arms.

Dangerous riding.

183(1)

No driver of a motor vehicle being driven on a highway shall permit a person to ride on the motor vehicle, or on any trailer that is attached thereto, in a manner that is unsafe or dangerous, or on the hood, fenders, or running boards of the motor vehicle; and no person shall ride on a motor vehicle in any manner or position mentioned in this section.

Riding in house trailer.

183(2)

No person shall occupy a house trailer while it is being moved upon a highway.

Driver's responsibility for house trailer.

183(3)

No driver of a motor vehicle towing a house trailer shall permit any person to occupy the house trailer while it is being moved upon a highway.

Definition of "house trailer".

183(4)

In this section "house trailer" means a vehicle capable of being attached to and drawn by a motor vehicle, and designed, constructed, or equipped for use as living or sleeping quarters for a person or persons.

Driver of motorcycle or moped to be on the seat.

184(1)

A person who is driving a motorcycle or moped shall ride only upon the regular driver's seat attached to it.

Position of seat on motorcycle or moped.

184(2)

No person shall drive a motorcycle or moped upon a highway with the driver's seat placed otherwise than in the position thereon provided for by the manufacturer of the motorcycle or moped.

Limitation on carriage of passengers on motorcycles.

184(3)

No person, other than the driver, shall ride on a motorcycle unless

(a) it is designed and equipped to carry more than one person; and

(b) he rides on a seat attached to the motorcycle and designed to carry a passenger.

Position of passenger seat, etc.

184(4)

No person shall operate a motorcycle upon a highway unless

(a) the passenger's seat thereon, if any, is so placed as not to interfere with the operation of the motorcycle by the driver thereof; and

(b) the motorcycle is equipped with foot-rests for the passenger.

Responsibility of driver.

184(5)

No person who is driving a motorcycle shall permit another person to ride on it in violation of subsection (3).

Restriction on carrying passengers on a moped.

184(6)

Subject to subsection (8), no person shall carry or transport a passenger on a moped while it is being operated on a highway.

Transporting objects on moped.

184(7)

No person, while operating a moped on a highway, shall carry or transport

(a) any object or thing on the front of the moped; or

(b) any object or thing on the rear of the moped that is of such size or is placed in such a way as to interfere with the proper operation and control of the moped by the operator, or that constitutes a hazard to other traffic.

Transportation of infant on mopeds.

184(8)

Subsection (6) does not apply to the operator of a moped that is carrying an infant, if

(a) the infant is on a seat especially designed for carrying infants on mopeds;

(b) the infant is under the age of 6 years;

(c) the seat is securely attached to the moped, behind the regular seat and as far forward and in as low a position as is practicable;

(d) the seat is equipped with a seat belt which fastens the infant, when the seat is occupied by the infant, at all times while the moped is in motion; and

(e) the seat is equipped with a shield to prevent any part of the body or clothing of the infant from coming into contact with any moving part of the moped.

Mopeds not to operate on certain Provincial Trunk Highways.

185(1)

Subject to subsection (2), no person shall operate a moped on a Provincial Trunk Highway on which the maximum speed limit is more than 80 kilometres per hour.

Exception.

185(2)

Subsection (1) does not apply to an operator of a moped who is crossing a Provincial Trunk Highway if the crossing is made at an intersection and in the most direct route.

Seat belt assembly.

186(1)

In this Act, "seat belt assembly" means a device or assembly, securely fastened to the motor vehicle, composed of straps, webbing or similar material and includes a pelvic restraint or an upper torso restraint, or both of them, capable of restraining the movement of a person in order to prevent or mitigate injury to the person.

Condition of seat belt.

186(2)

No person shall drive, or permit the operation of, a motor vehicle on a highway in which a seat belt assembly required by the regulations made under the Motor Vehicle Safety Act (Canada) at the time that the vehicle was manufactured or imported into Canada, has been removed, modified or rendered partly or wholly inoperative so as to reduce its effectiveness.

Seat belt required by driver.

186(3)

Subject to subsection (5), every person who drives on a highway a motor vehicle in which a seat belt assembly is provided for the driver shall wear a complete seat belt assembly in a properly adjusted and securely fastened manner; but where a seat belt assembly consists of a separate pelvic and torso restraint the driver may wear the pelvic restraint only.

Seat belt required by passenger.

186(4)

Subject to subsection (5), every person who is a passenger in a motor vehicle while it is being driven on a highway in which a seat belt assembly is provided for seating positions occupied by the passenger shall wear the complete seat belt assembly in a properly adjusted and securely fastened manner; but where a seat belt assembly consists of a separate pelvic and a torso restraint the person may wear the pelvic restraint only.

Wearing seat belts not required.

186(5)

Subsections (3) and (4) do not apply to a person

(a) driving a motor vehicle in reverse;

(b) who holds a certificate signed by a qualified medical practitioner certifying that the person is during the period stated in the certificate, unable for medical reasons to wear a seat belt assembly and on request made by a peace officer produces the certificate;

(c) where the peace officer is satisfied that by reason of the person's size, build or other physical characteristics, the person is unable to wear a seat belt assembly;

(d) while he is engaged in work which requires him to alight from and re-enter the motor vehicle at frequent intervals and who while engaged in the work does not drive at a speed exceeding 40 kilometres per hour;

(e) who is a peace officer and the use of a seat belt assembly would obstruct or hinder him in the performance of his duties;

(f) who is a driving instructor of a driving instruction school or any other person while engaged in driving instruction;

(g) who is a provincial driver examiner while engaged in driver examination; or

(h) who has not attained the age of 5 years.

Age restriction.

186(6)

Subject to subsection (7), no person shall drive on a highway a motor vehicle in which there is a passenger

(a) who has attained the age of at least 5 years but has not yet attained the age of 18 years; or

(b) who is under the age of 5 years but whose weight exceeds 50 pounds; and who occupies a seating position for which a seat belt assembly is provided, unless that passenger is wearing the complete seat belt assembly in a properly adjusted and securely fastened manner; but where the seat belt assembly consists of a separate pelvic and torso restraint, the passenger may wear the pelvic restraint only.

Medical or physical restrictions.

186(7)

Subsection (6) does not apply where the passenger

(a) holds a certificate signed by a qualified medical practitioner certifying that the person is, during the period stated in the certificate, unable for medical reasons to wear a seat belt assembly, and on request made by a peace officer produces the certificate;

(b) is, to the satisfaction of a peace officer, of such size or build or possesses such other physical characteristics that he is unable to wear a seat belt assembly;

(c) is engaged in work which requires him to alight from and re-enter the motor vehicle at frequent intervals and the motor vehicle is not being driven at a speed exceeding 40 kilometres per hour; or

(d) is in the care or custody of a peace officer.

Driving while on duty.

186(8)

Subsections (3), (4) and (6) do not apply to

(a) a peace officer who in the lawful performance of his duty, is transporting a person in his care or custody;

(b) a driver where he is transporting a passenger for hire in a taxicab or livery; or

(c) a medical attendant where he is transporting a patient in an ambulance.

Child restraints required.

186(9)

No person shall operate, or permit the operation of, a motor vehicle on a highway unless every passenger in the vehicle who has not yet attained the age of 5 years and who is under 50 pounds in weight is properly secured in a restraining device of a kind prescribed in the regulations and the device is properly secured to the motor vehicle.

Requirement for seat belts.

186(10)

No manufacturer of motor vehicles and no dealer, and no agent or employee of any manufacturer or dealer, and no person shall sell a motor vehicle that is, or is advertised to be, a motor vehicle of the model or make of the year 1971 or of any subsequent year, unless the motor vehicle is equipped at the time of sale as required by the Motor Vehicle Safety Act (Canada)

(a) with at least two seat belts in the front seat; and

(b) where there is a back seat in the motor vehicle, with at least two seat belts in the back seat;

installed by the manufacturer or dealer of the motor vehicle.

Prohibition of removal of seat belt.

186(11)

No person shall remove from a motor vehicle a seat belt, or any part thereof, that was installed by the manufacturer except to replace broken or worn seat belts or parts thereof.

Offence and penalty.

186(12)

Every person who contravenes subsections (2), (3), (4), (6), (9), (10) or (11) is guilty of an offence and liable, on summary conviction to a fine of not less than $20.00 and not more than $100.00.

Minors not subject to penalty.

186(13)

Subsection (12) does not apply to a person who contravenes subsection (4) if that person at the time of the contravention is over 5 years of age but under 18 years of age.

Regulations.

186(14)

The Lieutenant Governor in Council may make regulations

(a) prescribing the standards for child restraining devices; and

(b) providing for exemption from any provision of this section in respect of any type or class of motor vehicle, or any class of drivers, or passengers in motor vehicles.

Helmets required.

187(1)

No person shall ride on or operate a motorcycle, moped or motor assisted bicycle on a highway unless he is wearing on his head a properly adjusted and securely fastened helmet in compliance with the requirements of the regulation.

Where helmets not required.

187(2)

Subsection (1) does not apply to the operator or passenger of a motorcycle which is manufactured with a cab that encloses and protects the operator and passenger.

Offence and penalty.

187(3)

Every person who contravenes subsection (1) is guilty of an offence and liable, on summary conviction, to a fine of not less than $20.00 and not more than $100.00.

Regulations.

187(4)

The Lieutenant Governor in Council may make regulations prescribing the standards and specifications of helmets referred to in subsection (1).

Definition of "drive carelessly".

188(1)

In this section, "drive carelessly" or "driving carelessly" means to drive or driving a vehicle on a highway without due care and attention or without reasonable consideration for other persons using the highway.

Prohibition of careless driving.

188(2)

No person shall drive carelessly.

Offence and penalty.

188(3)

Every person who contravenes subsection (2) is guilty of an offence and liable, on summary conviction, to a fine of not less than $50.00 and not more than $200.00 and, in the discretion of the convicting judge or justice, to suspension for a term of not more than one year of any licence or instruction permit issued to the person.

Racing on highway prohibited.

189(1)

No person shall race a motor vehicle with another motor vehicle upon a highway.

Offence and penalty.

189(2)

Every person who contravenes subsection (1) is guilty of an offence and liable, on summary conviction, to a fine of not less than $100.00 or more than $500.00 and, in the discretion of the convicting judge or justice, to suspension for a term of not more than one year of any licence or instruction permit issued to the person.

Safety zones.

190(1)

No person shall drive a vehicle through or within a safety zone.

Driving through railway barrier.

190(2)

No person shall drive a vehicle through, around, or under a crossing gate or barrier at a railway crossing while the gate or barrier is closed or is being opened or closed.

Prohibition of certain U-turns.

191

No driver shall turn a vehicle so as to proceed in the opposite direction,

(a) unless he can do so without interfering with other traffic; or

(b) when he is driving

(i) upon a curve; or

(ii) upon an approach to, or near, the crest of a grade where the vehicle cannot be seen by the driver of another vehicle approaching from either direction within 150 metres; or

(iii) at a place where a sign prohibits making a U-turn.

Limitation respecting backing up.

192

No driver shall back a vehicle unless the movement can be made in safety and without interfering with other persons upon the highway and other vehicles lawfully thereon.

Prohibition of driving on sidewalk.

193(1)

Except when entering or leaving a driveway or lane or when entering upon or leaving land adjacent to a highway, no driver shall drive a vehicle upon a sidewalk.

Driving on a dividing section.

193(2)

On a divided highway no driver shall drive a vehicle over, across, or within the intervening space, barrier, or dividing section, except at a crossover or intersection established by a traffic authority.

Entering limited access highways.

194(1)

Where on a limited access highway there is a place at which vehicles are permitted to enter, no person shall drive a vehicle onto the highway except at that place.

Leaving limited access highways.

194(2)

Where on a limited access highway there is a place at which vehicles are permitted to leave, no person shall drive a vehicle from the highway except at that place.

Driving on median and right-of-way prohibited.

195(1)

Subject to subsection (2), no person shall drive a motor vehicle upon a median of a highway or any portion of the right-of-way of a highway not designed for travel by motor vehicles.

Exceptions.

195(2)

Subsection (1) does not apply to drivers of special mobile machines, tractors used for maintenance, tow trucks, police vehicles, or other emergency vehicles including motor vehicles used for the repair or construction of telephone or power lines.

Limitation on locking wheels.

196(1)

No person driving a vehicle on a highway shall lock any wheel of the vehicle except with the device commonly known as a lock-shoe.

Moving dangerous objects prohibited.

196(2)

No vehicle shall be driven, or object moved over, upon, or along, a highway that is likely to cause damage to the highway.

Definition of "air cushion vehicle".

197(1)

In this section ‘‘air cushion vehicle" means a vehicle other than a motor vehicle, that is designed to derive support and thrust in the atmosphere primarily from reactions against the earth's surface of air expelled from the vehicle and that is commonly referred to as a "hovercraft".

Restriction of hovercraft on highways.

197(2)

No person shall operate an air cushion vehicle over, upon or across a highway except as may be provided in the regulations.

Responsibility of owner of air cushion vehicle.

197(3)

No owner of an air cushion vehicle shall permit or authorize any person to operate the air cushion vehicle over, upon or across a highway except as provided in the regulations.

Cleaning of livestock vehicles.

198

A person who transports livestock or other animals in a truck or trailer shall not drive or leave the truck or trailer upon any highway when not transporting livestock or other animals unless the truck or trailer has been thoroughly cleansed and all excrement and filth has been removed therefrom.

AS TO USE OF MOTOR VEHICLE BY PERSONS

Permitting vehicle to be driven by unauthorized person prohibited.

199(1)

No person shall authorize or permit a motor vehicle owned by him or under his control to be driven on a highway by a person who is not authorized under this Act to drive it.

Hiring vehicle to unauthorized person prohibited.

199(2)

No person shall let a motor vehicle for hire to a person who is not authorized under this Act to drive it.

Motor vehicle that cannot be registered.

200

Except as may be otherwise permitted under this Act or the regulations, no person shall drive, or authorize or permit to be driven, a motor vehicle owned by him or under his control

(a) that is of a class or type the registration of which under this Act is prohibited under this Act or the regulations; or

(b) that is of a class or type that the registrar has, under subsection 5(20), refused to register under this Act.

Prohibition as to driving certain motor vehicles.

201(1)

No person shall drive upon a highway a motor vehicle

(a) that he does not own, without the knowledge and consent of the owner; or

(b) whose serial number or other identifying mark placed thereon by the manufacturer has been obliterated or defaced or is not easily recognizable.

Definition of "owner".

201(2)

For the purpose of subsection (1), "owner" includes, in addition to its meaning under section 1, any person to whom the motor vehicle has been lent by the owner or who for the time being has otherwise the permission of the owner to use it for his own purposes.

Use of old school buses.

202

No person who acquires or has possession of a used school bus which is no longer used for the purpose of a school bus shall drive it upon a highway, or cause, authorize or permit it to be driven upon a highway, unless

(a) all signs or words which identify the motor vehicle as a school bus have been removed from the vehicle;

(b) the signal lights authorized under subsections 37(8) or (13) have been removed from the vehicle; and

(c) the front and rear of the bus have been repainted with a colour other than chrome yellow.

Radar detection devices.

203(1)

No person shall

(a) drive a motor vehicle that is equipped or equip a motor vehicle, with a device for detecting radar speed determination equipment; or

(b) have possession of a device for detecting radar speed determination equipment, in a motor vehicle; or

(c) permit a motor vehicle of which he is the registered owner to become or to remain equipped with a device for detecting radar speed testing equipment.

Seizure of radar detecting device.

203(2)

Where a peace officer finds

(a) a vehicle that is equipped with a device for detecting radar speed determination equipment; or

(b) a person in possession of a device for detecting radar speed determination equipment, in a motor vehicle;

he may seize the device.

Disposition of seized device.

203(3)

Where the device for detecting radar speed determination equipment has been seized by a peace officer, under subsection (2), the judge or justice hearing any matter under subsection (1) may order it confiscated or returned to the owner subject to such conditions as the judge or justice may deem reasonable and just.

AS TO EQUIPMENT

Driving without required equipment.

204(1)

No person shall drive a motor vehicle upon a highway or suffer, authorize, permit, or cause, a motor vehicle to be driven upon a highway, unless

(a) every lamp of over four mean spherical candle power carried by the motor vehicle complies at all times with the requirements of this Act;

(b) it is equipped with brakes such as are required by this Act and the regulations and the brakes are so constructed and so adjusted as to be capable of bringing the motor vehicle, when travelling under normal conditions at 30 kilometres per hour, to a full stop within the respective distances prescribed by this Act and the regulations;

(c) the owner thereof has complied m all respects with the requirements of this Act and of the regulations;

(d) it is equipped and constructed as required by this Act and the regulations;

(e) it is mechanically and otherwise fit to be driven on a highway;

(f) it is not otherwise in a condition that is likely to cause injury to persons or property;

(g) it is loaded in such a way that it is not likely to cause injury to persons or property.

Application of subsec. (1) to other vehicles.

204(2)

Subsection (1) applies, mutatis mutandis, to vehicles other than motor vehicles upon a highway.

Non-application of cls. (1)(a), (c) and (d).

204(3)

Where the registrar has issued a restricted registration in respect of a motor vehicle that does not comply with an equipment requirement of this Act or the regulations, clauses (1)(a), (c) and (d) do not apply in respect of the motor vehicle regarding compliance only with any equipment requirement from which, in the restricted registration, the registrar has specifically exempted the vehicle.

Standards of vehicles for manufacturers and distributors.

205(1)

No manufacturer or distributor of motor vehicles manufactured in the province for sale in the province shall sell, offer for sale, have in possession for sale, or deliver for sale, a new motor vehicle of a prescribed class unless the motor vehicle and its components comply with all safety standards prescribed in the Motor Vehicle Safety Act (Canada) and the regulations made thereunder.

Compliance by dealer with standards.

205(2)

No dealer shall sell, offer for sale, have in possession for sale, a new motor vehicle or trailer unless the motor vehicle or trailer and its components comply with all safety standards prescribed in the Motor Vehicle Safety Act (Canada) and the regulations made thereunder, and the motor vehicle or trailer bears the National Safety Mark referred to therein.

Modification re. standards.

205(3)

No distributor or dealer shall modify or alter a new motor vehicle, or exchange components of a new motor vehicle, of a class for which standards are prescribed, in such a manner that the motor vehicle would not comply with the standards prescribed for the motor vehicle and its components in the Motor Vehicle Safety Act (Canada) and the regulations made thereunder.

Standards of components.

205(4)

No person shall sell, offer for sale, have in possession for sale, or deliver for sale, in the province components of a motor vehicle in respect of which standards are prescribed and that do not comply with all safety standards applicable thereto.

Offence.

205(5)

Every person who contravenes, or fails to comply with, any provision of this section is guilty of an offence and

(a) where the person is not a manufacturer, is liable, on summary conviction, to a fine of not less than $200.00 or not more than $1,000.00 or to imprisonment for a term of not more than six months; and

(b) where the person is a manufacturer, to a fine of not less than $1,000.00 or more than $5,000.00 or to imprisonment for a term of not more than one year.

Retreading and recapping tires.

206(1)

No person shall retread a tire or recap a tire for sale in Manitoba, or as a service provided in Manitoba, unless he imprints thereon on one side thereof the word "retread" or "recap" or "rechapé", as the case may be, in letters of not less than 6 millimetres high.

Sale of retreads, etc.

206(2)

No person shall sell, offer for sale, have in possession for sale, or deliver for sale, in Manitoba, a tire that has been retreaded or recapped unless there is imprinted thereon on one side thereof the word "retread" or "recap" or "rechapé", as the case may be, in letters of not less than 6 millimetres high.

New tires to comply with safety standards.

206(3)

No person shall sell, offer for sale, have in possession for sale or deliver for sale, new pneumatic tires for use on motor vehicles unless they comply with all safety standards prescribed in the Motor Vehicle Tire Safety Act (Canada) and the regulations made thereunder.

Penalty.

206(4)

Every person who contravenes or fails to comply with this section is guilty of an offence and liable, on summary conviction, to a fine of not less than $100.00 or more than $500.00, or to imprisonment for a term of not more than three months.

Operating altered motorcycle.

207

No person shall operate or permit to be operated upon a highway a motorcycle the steering neck angle of the front frame of which has been altered from the original form and dimension of the steering neck angle of the front frame as originally supplied by the manufacturer to the 1st purchaser of the motorcycle.

GENERAL PROVISIONS

Precautions on opening doors.

208

No person shall,

(a) open the door of a motor vehicle upon a highway without first taking due precautions to ensure that his act will not interfere with the movement of, or endanger, any other person or vehicle; or

(b) leave a door of a motor vehicle upon a highway open on the side of the vehicle available to moving traffic for a period of time longer than is necessary to load or unload passengers.

Tampering with motor vehicle prohibited.

209

No person shall

(a) tamper with a motor vehicle without the authority of the driver or climb upon or in any motor vehicle, whether it is in motion or at rest, or hurl stones or any other missiles at it, or the occupants thereof; or

(b) while the motor vehicle is at rest and unattended, sound the horn or other signalling device, or attempt to manipulate any of the levers, starting switch or crank, brakes, or machinery thereof, or set the vehicle or the engine thereof in motion, or otherwise damage or interfere with it.

Removal, etc., of traffic control devices forbidden.

210(1)

No person shall

(a) deface, obliterate, injure or interfere with; or

(b) without permission of the proper traffic authority, alter or remove or attempt to alter or remove;

a traffic control device or any part thereof.

Temporary traffic control devices.

210(2)

Where, by reason of work being done in connection with the construction, repair, or maintenance of a highway, a traffic control device consisting of a "stop" or "arrêt" sign, a "yield" or "cédez le passage" sign, or a traffic control signal is temporarily removed from any place with permission as provided in subsection (1), unless a flagman who is authorized by, or who is an employee of, the traffic authority, or a peace officer, is stationed at that place to warn or guide traffic, the traffic authority shall cause a temporary "stop" or "arrêt", or "yield" or "cédez le passage" sign or traffic control signal to be so placed on, or adjacent to, the highway that it will convey to drivers the same information, command, caution, or warning as that conveyed by the traffic control device so removed.

Offence and penalty.

210(3)

Any person who contravenes, disobeys, or violates, or refuses, omits, neglects, or fails to observe, obey, or comply with, any provision of subsection (1) or (2) is guilty of an offence and is liable, on summary conviction, to a fine of not less than $100.00 or more than $200.00, or, in the discretion of the convicting judge or justice, to imprisonment for a term of not more than thirty days; or to both such a fine and such an imprisonment.

Requirements as to carrying explosive material, etc.

211(1)

No truck used for the purpose of carrying in bulk gasoline, liquid petroleum gas or propane, fuel oil, or other liquid material, that is inflammable or explosive shall be driven on a highway unless provided with a special rear bumper and a safety valve.

Prohibition of carriage of certain dangerous things.

211(2)

No person shall cause, permit, or authorize a vehicle to be on a highway if it is carrying material or things that, under the regulations, shall not be so carried.

Conditions of carriage of certain dangerous things.

211(3)

Where, under the regulations, provision is made

(a) prescribing the equipment that shall be used on vehicles carrying any material or things designated in the regulations; or

(b) regulating or prescribing the manner in which any such material or things shall be carried in vehicles, or fixing the conditions under which any such material or things may be so carried;

no person shall cause, permit, or authorize a vehicle to be on a highway if it is carrying any material or things designated in any such regulations unless the vehicle is equipped, constructed, and operated as required in those regulations.

Section subject to Explosives Act.

211(4)

This section is subject to the Explosives Act (Canada) and any regulations made thereunder, and applies only in so far as it is not contrary to that Act or those regulations; the intent being that this section shall be construed as supplementary to, and not contrary to any provision of, that Act or those regulations.

Agreements respecting enforcement.

212

The minister, with the approval of the Lieutenant Governor in Council, may enter into an agreement with the Government of Canada, or a minister thereof, respecting the enforcement of the provisions of the Transportation of Dangerous Goods Act (Canada), or any regulations made thereunder, in Manitoba, or the provisions of this Act or regulations made thereunder including the apportionment of the costs of and revenues arising from that enforcement.

Limitation as to carrying liquor.

213(1)

No person shall cause, permit, or suffer any liquor, as defined in The Liquor Control Act, to be in a vehicle upon a highway contrary to any provision of that Act.

Offence and penalty.

213(2)

Any person who contravenes, disobeys, or violates, or refuses, omits, neglects, or fails to observe, obey, or comply with, any provision of subsection (1) is guilty of an offence and is liable, on summary conviction, to

(a) for a first offence, to a fine of not less than $50.00 or more than $300.00, or, in the discretion of the convicting judge or justice, to suspension of licence for a term of not more than six months, or to both such a fine and such a suspension;

(b) for a second or subsequent offence, to a fine of not less than $100.00 or more than $500.00, or, in the discretion of the convicting judge or justice, to suspension of licence for a term of not more than one year, or to both such a fine and such a suspension; and

(c) in addition to any penalty imposed under clause (a) or (b) in the discretion of the convicting judge or justice, for a first offence, to imprisonment for a term of not more than thirty days, and for a second or subsequent offence, to imprisonment for a term of not more than six months.

Interdiction de certains récepteurs de radio.

214(1)

Subject to subsection (2), no person shall equip a motor vehicle with, or operate a motor vehicle equipped with, a radio receiving apparatus, capable of receiving police transmissions, within the radio frequency band, 150 to 174 or 413 to 470 megacycles.

Exception.

214(2)

Subsection (1) does not apply to persons lawfully authorized, under the Radio Act (Canada), to equip vehicles with two-way radio, or to peace officers, or to employees of a municipality or of the Government of Manitoba, acting in that capacity.

T.V. sets in vehicles prohibited.

214(3)

No person shall drive upon a highway a motor vehicle equipped with a television set unless the television set

(a) is mounted or positioned behind the seat occupied by the driver; and

(b) the screen thereof is not visible directly or indirectly from the driver's seat.

Operation of T.V. sets in vehicles.

214(4)

No person shall operate a television set in a motor vehicle, other than a television set mounted or positioned in accordance with the requirements of subsection (3), while the motor vehicle is travelling upon a highway.

Use of radio headphones prohibited.

215

No driver of a motor vehicle or operator of a bicycle shall, while operating the motor vehicle or bicycle on a highway, wear, on both ears, headphones which are used for the purpose of listening to a radio or a recording.

Certain marking prohibited.

216(1)

Except in the case of a peace officer, no person shall operate on a highway a motor vehicle equipped with a sign or otherwise marked in a manner which might indicate that it was being operated by a peace officer or was the property of a police force.

Order for change of marking.

216(2)

Where the registrar receives a report that a motor vehicle is marked or bears a sign in contravention of this section, he may require the owner of the motor vehicle to bring the vehicle before him, and, if on inspection the registrar is satisfied that the motor vehicle's sign or other marking is in contravention of this section, he shall order the sign or marking to be removed or altered, specifying the details of any alteration required, and the owner of the motor vehicle shall forthwith comply with the order of the registrar.

Effect of order.

216(3)

Subsection (2) does not operate to relieve the owner of a motor vehicle of any liability under subsection (1).

No depositing of rubbish or other injurious matter on highways.

217(1)

No person shall drop, throw, or deposit on a highway, whether from a vehicle or otherwise, or knowingly leave on a highway

(a) any glass bottles, glass, nails, tacks, wire, cans, scraps of metal, or any other substance or thing that may be injurious to a person, animal, or vehicle; or

(b) any tobacco ashes, burning match, lighted cigar or cigarette, or other burning substance; or

(c) without restricting or being restricted by clause (a) or (b), any ashes, garbage, or other refuse, trash, or litter.

Removal of injurious material.

217(2)

A person who drops, throws, or deposits upon a highway any substance or thing likely to injure a person, animal, or vehicle shall immediately remove it or cause it to be removed.

Removal of broken glass from highway.

217(3)

A person who removes a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance or thing dropped upon the highway from the vehicle.

Warning as to obstructions placed on highway.

217(4)

Where any person places or deposits, or causes or permits to be placed or deposited, on a roadway any object that obstructs the roadway in whole or in part, if he is unable to remove it forthwith, and if it remains on the roadway during any period during which, under subsection 35(11), lighted lamps are required to be displayed on a motor vehicle, he shall place flares, lamps, lanterns, or reflecting devices, or cause them to be placed, on the highway to the same number, and in the manner, as if the object were a vehicle to which subsection 40(1) applies.

Prohibition of cattle on highway.

218(1)

No person shall allow cattle, horses, mules, sheep, or swine, to run at large upon a provincial highway or upon any other highway designated by the Lieutenant Governor in Council.

Saving.

218(2)

No person shall be convicted of a violation of subsection (1), if he satisfies the judge or justice that the animals in respect of which he is charged with the violation were not running at large by reason of the deliberate act or omission, or the negligence, of himself or of his agent or servant, or of any member of his family residing with him.

No civil liability.

218(3)

Nothing in this section confers any cause of action for damages, nor shall it be construed so as to impose any civil liability on the owner of the cattle, horses, mules, sheep, or swine allowed to run at large.

Limitation as to towing trailers.

219(1)

No person shall drive a motor vehicle upon a highway drawing or towing more than one trailer; but this subsection does not apply

(a) in respect of vehicles owned and used by The City of Winnipeg for municipal purposes; or

(b) in respect of a truck tractor, which may tow two trailers, one of which is a semi-trailer.

Application of section.

219(2)

This section does not apply to a person driving a motor vehicle towing another motor vehicle that is unable to run under its own power.

Limitation of towing by tractor.

219(3)

Subject to section 87, no person shall for gain or compensation, drive upon a highway a tractor other than a farm tractor, drawing or towing any vehicle or other object or thing.

Tow truck equipment.

220

No person shall operate a tow truck for the purpose of towing disabled vehicles unless the tow truck is equipped as prescribed in the regulations.

AS TO PARKING AND LEAVING VEHICLES

Requirements on leaving vehicle.

221(1)

Subject to subsection (4), no driver shall, without reasonable justification, permit a motor vehicle to stand unattended on a highway or park it on a highway without first having

(a) stopped the engine;

(b) locked the ignition; and

(c) removed the key.

Reasonable justification.

221(2)

For the purpose of subsection (1), reasonable justification includes the temporary running of the engine of a motor vehicle while the motor vehicle is unattended for the purpose of warming the vehicle and defrosting the windshield during frigid weather conditions.

Vehicles standing on a grade.

221(3)

No driver shall permit a motor vehicle that is standing on a grade to stand unattended or park it without first having

(a) effectively set the brakes; and

(b) turned the front wheels to the kerb or side of the highway in such manner as to impede any movement of the motor vehicle.

Where subsec. (1) not applicable.

221(4)

Subsection (1) does not apply in the case of

(a) a vehicle owned by

(i) Manitoba Hydro or The Manitoba Telephone System; or

(ii) a municipality and operated for municipal purposes; or

(b) a vehicle that is being operated as a taxicab for the transportation of persons for compensation;

(c) a vehicle that is in use by a merchant for the delivery of goods and that, at the time it is left unattended or parked, is so left for the purpose of permitting the driver thereof to deliver goods.

Where parking off roadway required.

222(1)

Where, outside a restricted speed area, it is practicable to stop, park, or leave a vehicle off a roadway, no person shall stop, park, or leave the vehicle, either attended or unattended, on the roadway.

Obstruction of traffic prohibited.

222(2)

No person shall park or leave a vehicle so as to obstruct the free passage of traffic on a highway; but this subsection does not apply in respect of a vehicle that is so disabled that it is not practicable to avoid parking or leaving it temporarily on a highway.

Parking in alleys.

223(1)

The traffic authority may, subject to subsection (2), prohibit the parking of vehicles in any alley in a city, town or village.

Approval of by-law.

223(2)

No by-law or order enacted or issued pursuant to subsection (1) shall take effect unless and until it has been submitted to and approved by the traffic board.

Terms of approval.

223(3)

Where it approves a by-law or order submitted pursuant to subsection (2), the traffic board may make it subject to such terms or conditions as to publication of notice or otherwise as it deems desirable.

Definition of "alley".

223(4)

For the purpose of this section "alley" means a highway that is not more than 9 metres wide.

FALSE STATEMENTS

False statements an offence.

224(1)

No person shall knowingly make a false statement of fact, whether oral or written,

(a) in a report made or purporting to be made under any provision of this Act or the regulations; or

(b) in any information or particulars furnished by him as required under any provision of this Act; or

(c) in any application, declaration, affidavit, or paper writing required under this Act or the regulations, or under The Manitoba Public Insurance Corporation Act or the regulations made thereunder.

Offence and penalty.

224(2)

Every person who contravenes, disobeys, or violates, or refuses, omits, neglects, or fails to observe, obey, or comply with, any provisions of subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not less than $50.00 or more than $500.00; and, where any licence, permit or registration has been issued to the person, by reason of the commission of the offence, the licence, permit or registration is cancelled and the convicting judge or justice

(a) may, in the case of a 1st offence, declare the person convicted to be disqualified from holding a licence or making a registration, or both, for a period of not more than 30 days, and, in the case of a 2nd or subsequent offence, for a period of not more than 6 months; and

(b) shall so report, with the certificate of conviction, to the registrar and shall impound the licence or permit, or the registration card and number plates, if any, or any one or more of them, and forward the things so impounded to the registrar with his report.

Limitation not applicable.

224(3)

No limitation in this Act or in, or brought into force in the province under or by virtue of, any other Act or law, applies to a prosecution for an offence under this section.

DRIVING BY DISQUALIFIED PERSONS, ETC.

Driving while licence suspended.

225(1)

No person shall drive a motor vehicle or snowmobile as defined in The Snowmobile Act, on a highway while his driver's licence is suspended or cancelled or he is otherwise disqualified from holding a driver's licence.

Driving an unregistered vehicle by owner prohibited.

225(2)

No owner of a motor vehicle shall drive that motor vehicle on a highway while the registration thereof is suspended, or cancelled, or the owner is disqualified from registering that motor vehicle.

Driving of unregistered vehicle by other persons.

225(3)

No person shall drive a motor vehicle on a highway if he has knowledge that the registration of that vehicle is suspended, or cancelled or the owner of that motor vehicle is disqualified from registering that motor vehicle.

Owner not to permit the driving of an unregistered vehicle.

225(4)

No owner of a motor vehicle shall permit any person to drive that motor vehicle on a highway

(a) while, to the knowledge of the owner, the driver's licence of that person is suspended or cancelled or the person is otherwise disqualified from holding a driver's licence; or

(b) while the registration of that motor vehicle is suspended or cancelled.

Penalties.

225(5)

Any person who violates any provision of

(a) subsection (1), is guilty of an offence and is liable on summary conviction to a fine of not more than $1,000.00 or to imprisonment for a term not exceeding 6 months or to both the fine and imprisonment; or

(b) subsection (2), (3) or (4), is guilty of an offence and is liable on summary conviction to a fine of not more than $500.00 and in default of the payment of the fine, to imprisonment for a term not exceeding 60 days.

Limitation on prosecution.

225(6)

No prosecution for a violation of subsection (1), (2), (3) or (4) shall be commenced after 2 years have elapsed from the date of the violation.

Driving without liability insurance card.

226(1)

Subject to subsection (7), no person shall drive, cause or permit to be driven, upon a highway any vehicle registered or required to be registered under this Act unless there is in full force and effect a motor vehicle liability insurance card issued in respect of the vehicle under The Manitoba Public Insurance Corporation Act and the regulations made thereunder.

Driving without certificate of insurance.

226(2)

No person shall drive or operate upon a highway a vehicle for the driving of which he is required to hold a licence under this Act unless there is in full force and effect a certificate of insurance issued to him in respect of the licence under The Manitoba Public Insurance Corporation Act and the regulations made thereunder.

Production of proof of insurance.

226(3)

The owner, driver or operator of a vehicle that is being operated on a highway, or who is making, or is required to make, a report under section 155 shall, on request of a peace officer, produce to the peace officer

(a) a motor vehicle liability insurance card that was issued in respect of, or that relates to, the vehicle; and

(b) where the driver holds, or is required to hold, a licence issued under this Act, a certificate of insurance issued in respect of that licence.

Validation stickers required.

226(4)

On, from and after the first day of November, 1971, every registration card and every number plate issued under this Act in respect of a vehicle registered during the registration year commencing on the first day of March, 1971, and ending on the last day of February, 1972, is cancelled unless there is displayed on the number plate, in accordance with the regulations, a validation sticker as provided for under subsection 6(3) indicating that a motor vehicle liability insurance card has been issued under The Manitoba Public Insurance Corporation Act and the regulations made thereunder in respect of that vehicle.

Driving while registration cancelled.

226(5)

No person shall drive upon a highway a vehicle the registration of which has been cancelled under subsection (4).

Seizure of number plates.

226(6)

Where a peace officer has reasonable and proper grounds for believing, and does believe, that a vehicle is being or has been driven in contravention of subsection (5), he shall seize and impound the number plates being displayed on the motor vehicle and forthwith return them, or cause them to be returned, to the registrar together with a report setting out the grounds for the seizure and impoundment thereof.

Application of subsections (1) and (2).

226(7)

Subsection (1) does not apply to the owner or driver of a vehicle that is registered in a jurisdiction other than Manitoba and that is not required to be registered under this Act; and subsection (2) does not apply to a person who is the holder of a licence issued to him by a competent authority in a jurisdiction outside Manitoba and who is not required to obtain a licence under this Act.

Exemption from insurance requirements.

226(8)

Where a vehicle is being driven or operated upon a highway in accordance with subsections 10(8) and (12), or under the authority of

(a) a seven day interim registration sticker that is still current and is displayed in accordance with clause 16(1) (b); or

(b) an "in transit" marker that is still current and is displayed in accordance with subsection 15(2); or

(c) a "transit" permit that is still current and has been issued in accordance with subsection 15(3);

the driver and owner thereof shall be deemed to have complied with the provisions of this Act and The Manitoba Public Insurance Corporation Act and the regulations made thereunder in respect of any requirement for insurance; but where the vehicle is being operated in accordance with subsections 10(8) and (12) the number plates displayed thereon shall have affixed thereto a validation sticker for the then current registration year and the driver or owner shall have in his possession a motor vehicle liability insurance card issued in respect of the number plates being displayed, and, where the vehicle is being operated as mentioned in clause (a), (b) or (c), the interim registration sticker, in transit marker or transit permit shall indicate thereon that it is also a motor vehicle liability insurance card issued under The Manitoba Public Insurance Corporation Act and the regulations made thereunder.

Offence and penalty.

226(9)

Every person who contravenes, disobeys, or violates, or refuses, omits, neglects or fails to observe, obey or comply with subsection (1) or (2) is guilty of an offence and is liable, on summary conviction, to a fine of not less than $100.00 or more than $500.00 and,

(a) where the person was convicted of an offence under subsection (1), and does not pay the fine imposed within the time permitted, all registrations and number plates issued to the person are suspended and he is disqualified from registering a vehicle until the fine and costs are paid or remitted; and

(b) where the person was convicted of an offence under subsection (2), and does not pay the fine imposed within the time permitted, his licence or permit is suspended and he is disqualified from obtaining a licence or permit until the fine and costs are paid or remitted.

Drunken driving of vehicles other than motor vehicles.

227(1)

No person

(a) who is in charge of a vehicle other than a motor vehicle, or of a horse or other animal, used as a means of conveyance; and

(b) who is, through drunkenness, unable to drive or ride it with safety to other persons who are on a highway;

shall drive or ride the vehicle or animal on a highway.

Offence and penalty.

227(2)

Any person who contravenes, disobeys, or violates, or refuses, omits, neglects, or fails to observe, obey, or comply with, subsection (1), is guilty of an offence and is liable, on summary conviction,

(a) for a first offence, to a fine of not less than $25.00 or more than $50.00;

(b) for a second offence, to a fine of not less than $50.00 or more than $100.00; and

(c) for a third or subsequent offence, to a fine of not less than $75.00 or more than $200.00 and to imprisonment for a term of not more than thirty days.

CONVICTIONS QUASHED

Where conviction quashed.

228

Where, by reason of a conviction of an offence,

(a) a motor vehicle is impounded; or

(b) the licence of any person is suspended or cancelled; or

(c) any person is disqualified for any period from holding a licence; or

(d) the registration of a motor vehicle in the name of any person is suspended or cancelled; or

(e) any person is disqualified for any period from registering a motor vehicle; if the conviction is quashed any penalty mentioned in clauses (a) to (e) that has been incurred under this Act shall be rescinded; and, upon production to the registrar and to the person having custody of the impounded motor vehicle of a certified copy of the order quashing the conviction, the motor vehicle shall be released, the licence or registration restored, or the disqualification removed, as the case may be; but this section does not apply to the impoundment or detention of a motor vehicle, or the cancellation or suspension of a licence or registration, under Part VIl or section 160, 166 or 167.

Liability of owner to conviction.

229(1)

Where an offence, consisting of a violation of any provision of this Act or of the regulations

(a) is committed by means of, or with respect to, a motor vehicle; or

(b) occurs by reason of, or with respect to, the ownership, use, or operation of a motor vehicle;

the owner of the motor vehicle may be charged with commission of the offence and, if the judge or justice before whom the charge is tried, is satisfied that the offence was committed, the owner is guilty of the offence and is liable, on summary conviction, to the penalty herein provided for that offence unless, the owner satisfies the judge or justice that, at the time of the violation, the motor vehicle was in the possession of a person other than the owner or his chauffeur without the consent of the owner.

Liability of driver.

229(2)

Nothing in subsection (1) relieves the driver of the motor vehicle from any liability to conviction of the offence to which he may be subject.

Lessee of vehicle as owner.

229(3)

For the purposes of subsection (1), where the lessor of a leased vehicle does not reside and has no place of business within the province, the lessee of the leased vehicle shall be deemed to be the owner.

PROHIBITIONS - GENERAL

Standing vehicle contrary to traffic control device an offence.

230

Where, under subsection 79(3), a traffic control device has been erected on a highway

(a) over which the Minister of Highways is the traffic authority; or

(b) in a municipality that has not passed a by-law under section 93;

no person shall

(c) stop, stand, or park, a vehicle on the highway or portion thereof to which the traffic control device relates, in contravention of the traffic control device or for a period longer than, or otherwise than, as authorized by the traffic control device; or

(d) cause, or permit a vehicle to remain stationary on any portion of the highway during a period when stopping on that portion thereof is prohibited as indicated by the traffic control device.

Alteration of interim sticker an offence.

231

No person shall alter or deface an interim registration sticker or induce any person to believe that an interim registration sticker that has expired is in effect.

Improper use of dealer's vehicle.

232(1)

No dealer shall cause, authorize, or permit a dealer's motor vehicle to be driven on a highway in contravention of, or otherwise than as authorized by, section 14, or subsection 318(14).

Improper driving of dealer's motor vehicle.

232(2)

No person shall drive on a highway a dealer's motor vehicle in contravention of, or otherwise than as authorized by, section 14, or subsection 318(14).

"Dealer's motor vehicle" defined.

232(3)

In this section the expression "dealer's motor vehicle" means a motor vehicle that is equipped as required under subsection 14(1).

Cruelty to livestock prohibited.

233

No person, while transporting livestock or other animals in a motor vehicle, shall

(a) by negligence or ill-usage in the transportation thereof, cause or permit any damage or injury to be done to the livestock or other animals, or any of them; or

(b) transport the livestock or other animals in such a manner or position as to cause unnecessary suffering to them or any of them.

Removal of traffic tickets, etc., forbidden.

234

No person, other than the person having charge of a vehicle, shall remove therefrom any traffic offence notice or any other ticket or notice that has been placed thereon by a peace officer to notify the owner or person in charge thereof that it is alleged that a violation of a provision of this Act, or the regulations, or of a municipal by-law, has been committed with respect to, or by means of, the vehicle on which the ticket or notice was placed.

Offence respecting evidence of insurance.

235(1)

No person shall produce to a peace officer or the registrar a motor vehicle liability insurance card or a certificate of insurance purporting to show that at the time of its production it was in force if, in fact, it was not at that time in force.

Offences and penalty.

235(2)

Any person who contravenes, disobeys, or violates, or refuses, omits, neglects, or fails to observe, obey, or comply with, any provision of subsection (1) is guilty of an offence and is liable, on summary conviction, subject to subsection (3), to a fine of not less than $50.00 or more than $300.00; or to imprisonment for a term of not more than thirty days, or to both such a fine and such an imprisonment.

Penalty for corporation.

235(3)

Where the offender convicted of an offence against any provision of subsection (1) is a corporation, it is liable to a fine of not less than $200.00 or more than $1,000.00.

PARKING LOTS

Offences on parking lots.

236(1)

Notwithstanding section 74, any person who, in any place designed and intended, and primarily used, for the parking of vehicles, including the necessary passageways thereon, does any thing that, if done on a highway, would be a violation of any of the following provisions, or of any part thereof, that is to say,

(a) subsections 5(1) and (10);

(b) subsections 6(7) and (8);

(c) subsections 24(1) and (2), and subsection 27(12);

(d) sections 35, 36, 38, 41 to 45, 52, 57, 59, 61, 62, and 63;

(e) subsection 76(2);

(f) clause 95(3)(b);

(g) sections 124, 155, 174, 179, 182 to 188, 192, 199, 204, 208, 209, 211, 213, 217, 221, 224 and 233;

shall be deemed to have violated that provision, or the part thereof, and is guilty of an offence and is liable, on summary conviction, to the penalty herein provided for a violation of that provision or the part thereof.

Offences in "pay" parking lots.

236(2)

Notwithstanding subsection (1), where the owner or operator of any place to which that subsection applies makes a charge for the privilege of parking a vehicle therein or thereon, subsection (1) does not apply with respect thereto; but any person who, in or on that place, does any thing that, if done on a highway, would be a violation of any of the following provisions, or of any part thereof, that is to say,

(a) section 61;

(b) subsection 76(2);

(c) sections 124, 155, 174, 182 to 188, 192, 199, 204, 208, 209, 211, 213, 217, 224 and 233;

shall be deemed to have violated that provision or the part thereof, and is guilty of an offence and is liable, on summary conviction, to the penalty herein provided for a violation of that provision or the part thereof.

Where section not applicable.

236(3)

This section does not apply with respect to any place where vehicles are stored by the owners thereof, subject to payment of a charge therefor, with the intention and understanding, on the part of both the owner of any such vehicle and the owner or operator of the place, that the vehicle will not be removed for a period of two weeks or longer unless removed for the purpose of the sale thereof.

Sale of motor vehicle to person under 16 prohibited.

237(1)

No person shall

(a) sell or offer to sell a motor vehicle to any person who is under 16 years of age; or

(b) sell or offer to sell a motor vehicle to any person who is over 16 but under 18 years of age, unless the purchaser produces to the vendor the written consent of a parent or guardian of the purchaser or where the purchaser has no parent or guardian then the written consent of a responsible person in the community in which the purchaser resides.

Penalties.

237(2)

Any person who sells or offers to sell a motor vehicle contrary to the provisions of subsection (1) is guilty of an offence and is liable on summary conviction in the case of an individual, to a fine not exceeding $500.00 and in the case of a corporation, to a fine not exceeding $2,000.00.

DIVISION II

OFFENCES AND PENALTIES

Penalties.

238(1)

Any person who contravenes, disobeys, or violates, or refuses, omits, neglects, or fails, to observe, obey, or comply with any of the following provisions, that is to say,

(a) subsection 24(1), (2), (3) or (4);

(b) subsection 26(3);

(c) subsection 27(6);

(d) subsection 116(1), (2) or (3);

(e) section 134;

(f) subsection 135(1);

(g) subsection 137(2), (4) or (5);

(h) clause 170(1)(f);

(i) any provision of section 173 or clause 174(1) (a);

(j) section 183;

(k) subsection 190(2);

(l) clause 204(1)(b), (c), (e) or (f);

(m) section 209;

(n) section 214;

(o) subsection 292(1) or (2);

is guilty of an offence and is liable, on summary conviction, to a fine of not less than $20.00 or more than $200.00, and, in the discretion of the convicting judge or justice, to suspension of his licence for a term of not more than thirty days.

Penalty for speeding offences.

238(2)

Any person who contravenes or fails to comply with subsection 95(1), section 96, or subsection 98(5) or (7), is guilty of an offence and liable, on summary conviction, to a fine of not less than $1.00 or more than $5.00 for each kilometre per hour that the vehicle was driven over the maximum speed permissible at the place where the offence was committed.

Additional suspension.

238(3)

Where a person is convicted of an offence under subsection 95(1) or (2), or subsection 98(5) or (7), the convicting judge or justice may, in addition to any other penalty prescribed under this Act, suspend the licence of the person (a) for a first offence for a period of not more than three months; and (b) for a second or subsequent offence for a period of not more than one year.

General penalty for miscellaneous offences.

239

Any person who violates, contravenes, or disobeys or refuses, omits, neglects, or fails to observe, obey, or comply with

(a) any provision of this Act or of the regulations; or

(b) any municipal by-law duly passed under the authority of this Act; or

(c) any order of a peace officer, traffic authority, the traffic board, the transport board, or other authority or person, lawfully given by him or it under this Act, or indicated or conveyed by a traffic control device;

is guilty of an offence and, unless another penalty is prescribed therefor herein or in any such by-law or regulation, is liable, on summary conviction, to a fine of not more than $100.00 and, to suspension of licence for a term of Not more than thirty days.

Saving.

240

Nothing in section 238 or 239 restricts, limits, or affects the effect of any other provision herein authorizing or requiring the suspension or cancellation of a registration, licence, or permit or the disqualification of any person from holding a licence or making a registration.

PART VII

ENFORCEMENT PROVISIONS AND SUSPENSION OF REGISTRATION AND LICENCES

DIVISION I

ENFORCEMENT PROVISIONS

ARREST WITHOUT WARRANT

Note: Under The Interpretation Act "justice" includes a magistrate and a justice of the peace.

Arrest without warrant.

241(1)

A peace officer who, on reasonable and probable grounds, believes that a violation of any of the following provisions, that is to say,

(a) subsection 24(1);

(b) subsection 26(3);

(c) subsection 95(1) or (2);

(d) subsection 98(5) or (7);

(e) subsection 114(1);

(f) subsection 155(1), (2), (3), (4), or (5);

(g) clause 170(1)(a), (b), or (c);

(h) section 171 or 173;

(i) subsection 174(1) or (3);

(j) subsection 188(2);

(k) subsection 201(1);

(l) section 210, 213, 224 or 225;

of this Act, or any provision of section 233, 234, 235, 238, 239 or 295 of the Criminal Code, has been committed, whether it has been committed or not, and who, on reasonable and probable grounds, believes that any person has committed such a violation, may arrest that person without warrant whether he is guilty or not.

Assistance of peace officer.

241(2)

A person called upon to assist a peace officer in the arrest of a person suspected of having committed any offence mentioned in subsection (1), may assist if he believes that the person calling on him for assistance is a peace officer, and does not know that there are no reasonable grounds for the suspicion.

DETENTION OF VEHICLE

Detention of motor vehicle by a peace officer.

242(1)

A peace officer may detain a motor vehicle with which an offence has been, or is alleged to have been committed for not more than 3 juridical days; but the motor vehicle may be released sooner

(a) if security for its production is given to the satisfaction of a justice; or

(b) the justice is satisfied, by a certificate signed by a qualified mechanic, that the motor vehicle complies with the requirements set out in clauses 204(1)(a), (b), (d), (e) and (f).

Order for extending period of detention.

242(2)

Where a motor vehicle has been detained under subsection (1) and it is required

(a) as evidence in a prosecution for an alleged offence under this Act; or

(b) for further investigation related to an offence under this Act; or

(c) the owner has failed to furnish to a justice a certificate signed by a qualified mechanic as provided for in clause (1)(b);

a peace officer may apply to a justice for an order to continue the detention of the motor vehicle beyond the period prescribed in subsection (1), and the peace officer making the application shall furnish to the justice full particulars of the reasons for the continuance of detention of the motor vehicle.

Period of extension to be reasonable.

242(3)

The justice, in making an order under subsection (2), may order that the motor vehicle be detained for such further period as to him appears reasonable and just.

Notification of detention to owner.

242(4)

Where the owner of a motor vehicle was not present at the time when it was detained, the peace officer shall take all reasonable steps to notify the owner that his motor vehicle was detained, together with the reasons for its detention and of the place where it is detained or stored.

Personal property to be returned.

242(5)

Any personal property present in a motor vehicle which has been detained shall be returned to the owner thereof upon request, unless it is required as evidence in a prosecution or in connection with an investigation of an offence under this Act, in which case subsections (1), (2) and (3) apply mutatis mutandis.

Person arrested brought before a justice.

242(6)

A peace officer making an arrest shall, with reasonable diligence, take the person arrested before a justice to be dealt with according to law.

Disposal of vehicle detained.

242(7)

Where a motor vehicle is detained under this section,

(a) if repairs are necessary and immediately desired by the owner, it shall be taken to, and kept in, such repair shop or garage as the owner may select, for the purpose of having it repaired; or

(b) if repairs are not necessary or are not immediately desired by the owner, to such garage or storage place as the owner may select, unless otherwise required by the police, in which case the peace officer may direct it to be taken to a garage or storage place maintained by any police force or other public authority, if available, and otherwise to a garage or storage place designated by the peace officer.

Change of place of impoundment.

242(8)

Where, under subsection (7), a motor vehicle has been taken to a repair shop, garage, or storage place, selected by the owner, the chief constable, or the officer in command in Manitoba, of the police force of which the peace officer who detained the motor vehicle is a member, on receipt of a written application by the owner, may authorize the motor vehicle to be transferred to such other repair shop, garage, or storage place, as the applicant may select, and may give all necessary directions to that end; and shall in that case, give to the owner, operator, and manager or other person in charge of the repair shop, garage, or other storage place, to which the motor vehicle is transferred a notice as prescribed in subsection (9).

Notice to garage keeper.

242(9)

Where a motor vehicle detained under this section is placed in a repair shop, garage, or storage place, the peace officer detaining it shall notify the owner, operator, manager, or other person in charge, of the repair shop, garage, or storage place, in writing, on a form prescribed by the registrar, that the motor vehicle is detained and must not be removed or permitted to be removed or released from detainment except upon the order of a justice or of the chief constable or the officer in command in Manitoba of the police force of which the peace officer who detained the motor vehicle is a member.

No removal from detention.

242(10)

Subject to subsection (8), no person shall remove, or permit to be removed, from the place of detention, or release from detention, any motor vehicle detained under this section except upon the written order of a justice or of the chief constable or the officer in command in Manitoba of the police force of which the peace officer who detained the motor vehicle is a member.

Cost of moving and storage.

242(11)

Costs and charges incurred in moving or storing a vehicle, or both, under this section, are a lien on the vehicle that may be enforced under The Garage Keepers Act by the person who moved or stored the vehicle at the request of the peace officer.

Meaning of "owner".

242(12)

In subsections (7) and (8), the word "owner" includes any person who has sold the motor vehicle under the terms of a conditional sale agreement or lien note upon which all or part of the purchase price remains unpaid, or to whom a bill of sale by way of chattel mortgage thereon has been given, in respect of which all or part of the moneys secured thereby remain unpaid; and also includes an assignee of any such person.

UNLAWFULLY PARKED VEHICLES

Moving of vehicle unlawfully parked.

243(1)

Where a peace officer or any person duly authorized for the purpose by the traffic authority has reasonable and probable cause for believing that a vehicle is standing, or is parked,

(a) in violation of subsection 90(1), (3) or (9), section 93 or 230, or of any rule made under any of those provisions, or in violation of section 122, 123 or 222; or

(b) in a position that causes it to interfere with removal of snow from a highway by a person authorized to do so by the traffic authority; or

(c) in a position that causes it to interfere with fire fighting;

he may move the vehicle or cause it to be moved, or may require the driver or person in charge of the vehicle to move it to a position determined by the peace officer or other authorized person.

Removal of parked vehicle, etc.

243(2)

Where a peace officer has reasonable and probable cause to believe that an unattended vehicle is

(a) in violation of subsection 90(1), (3) or (9), section 93 or 230, or of any rule made under any of those provisions, or in violation of section 122, 123 or 222; or

(b) apparently abandoned on or near a highway; or

(c) a motor vehicle on a highway without proper registration plates;

he may take the vehicle into his custody and cause it to be taken to, and stored in, a suitable place.

Costs of moving and storage.

243(3)

Costs and charges incurred in moving or storing a vehicle or both, under subsections (1) and (2) are a lien on the vehicle that may be enforced under The Garage Keepers Act by the person who moved or stored the vehicle at the request of the peace officer or other authorized person.

PROCEDURE

Trial by justice of the peace.

244

A justice of the peace may hear, try, determine, and adjudge prosecutions, charges, matters, and proceedings in cases arising under this Act.

Limitation on prosecution for offence.

245

Subject as herein expressly otherwise provided, no proceedings against any person for an alleged offence under this Act shall be instituted more than six months after the time when the alleged offence was committed.

Oath not required on information.

246

An information laid by a peace officer for an alleged offence under this Act or the regulations, or under a municipal by-law passed pursuant to this Act, is not required to be taken under oath.

Admissibility of supplemental report.

247(1)

The fact that a supplemental report has been made as required by section 159 is admissible in evidence solely to prove compliance with that section, and the supplemental report or any part thereof or any statement contained therein, is not admissible in evidence in any trial, civil or criminal, arising out of the accident in respect of which the supplemental report was made.

Certificate of registrar as proof of facts.

247(2)

In a prosecution for violation of section 155, 156, or 159, a certificate purporting to be signed by the registrar that any report therein required has or has not been made is prima facie proof of the facts stated in the certificate.

Place of offence when report not made.

247(3)

In a prosecution for failure to make a report required by section 155, 156 or 159, in respect of an accident, the place where the accident occurred shall be conclusively deemed to be the place of the offence.

Application of section 5 of Summary Convictions Act.

248(1)

Section 5 of The Summary Convictions Act applies where an offence alleged to have been committed and indicated in a traffic offence notice is one of the following offences:

(l) An offence under subsection 5(1). ( Failure to register motor vehicle for current registration year).

(2) An offence under subsection 5(10). (Failure to notify change in address of owner).

(3) An offence under subsection 5(11). (Failure of driver to produce, or have possession of, registration card).

(4) An offence under subsection 6(1). (Failure to have number plates attached to and exposed on motor vehicle).

(5) An offence under subsection 6(2). (Failure to have number plate illuminated or to have number plate affixed in proper place).

(6) An offence under subsection 6(8). (Failure to keep number plates visible, legible and free from dirt).

(7) An offence under subsection 27(5). (Failure to notify change of name or address on driver's licence).

(8) An offence under subsection 27(12). (Failure to have driver's licence, chauffeur's licence, or instruction permit in possession or failure to produce it).

(9) An offence under subsection 35(1). (Failure to have proper lighting equipment or to have lighting equipment in working order).

(10) An offence under section 36. (Failure to have adequate lighting, beam indicator, or proper beams).

(11) An offence under subsection 57(2). (Failure to have frost shields when required).

(12) An offence under section 113. (Failure to use adequate lights or to use low beams when required).

(13) An offence under section 147. (Riding bicycle with more persons than it was designed to carry).

(14) An offence under subsection 182(3). (Permitting more than two passengers in front seat of a motor vehicle).

(15) An offence under subsection 221(1) or (3). (Standing or parking a motor vehicle unattended with engine running, key in ignition lock, and ignition unlocked, or standing or parking it on a grade without setting brakes).

(16) An offence under subsection 222(1). (Leaving, stopping, or parking vehicle on roadway).

(17) An offence under any regulation made or passed under the authority of this Act; but not including an offence under a municipal by-law duly enacted under this Act.

Description of offences.

248(2)

Where, in any clause of subsection (1), the description of the offence given therein differs in any way from the description of the offence set out in the provision to which reference is made in that clause, the offence meant to be described shall be deemed to be the offence in the provision to which reference is so made; and, if the description of the offence charged in the traffic offence notice is that set out in parentheses in a clause of subsection (1), the description shall be deemed to include any offence described in the provision to which that clause refers.

Benefit of fines.

249

A fine or penalty imposed by this Act enures to the benefit of the municipality in which the offence is committed if the prosecution is instituted by, or under the authority of, the municipality, or by officers appointed thereby; and in all other cases the fine or penalty enures to the benefit of Her Majesty in right of the province, and shall be transmitted by the convicting justice to the Minister of Finance.

Description of offence under 95(3) and 188(2).

250(1)

In describing an offence under subsection 95(3) or 188(2), it is sufficient to charge an accused person with driving carelessly, and the judge or justice may receive evidence for the prosecution showing what acts or circumstances constitute the offence charged; and the conviction of the judge or justice is sufficient if it sets forth that the accused did drive carelessly without setting forth the specific acts or circumstances that constituted the offence.

Description of speeding offence.

250(2)

In describing an offence under subsection 95(1) or section 96 or under subsection 98(5) or (7), it is sufficient to charge an accused person with exceeding the speed limit; and the judge or justice may receive evidence for the prosecution showing what acts or circumstances constituted the offence charged; and the conviction by the judge or justice is sufficient if it sets forth that the accused did exceed the speed limit without setting forth the specific acts or circumstances that constituted the offence.

Description of offence under subsec. 95(3).

250(3)

In describing an offence under subsection 95(3), it is sufficient to charge an accused with driving imprudently, and the judge or justice may receive evidence for the prosecution showing what acts or circumstances constitute the offence charged; and the conviction of the judge or justice is sufficient if it sets forth that the accused did drive imprudently without setting forth the specific acts or circumstances that constituted the offence.

Endorsement on conviction.

251(1)

Where a person is charged with a breach of

(a) subsection 95(1), (2) or (3);

(b) subsection 98(5) or (7);

(c) section 102;

(d) subsection 155(1), (2), (3), (4), or (5);

(e) clause 174(1)(b); or

(f) subsection 188(2);

and he admits that injury to property in excess of $300.00, or to any person, occurred in connection with the breach of the statute, the judge or justice making the conviction shall endorse upon the conviction that fact.

Judge to endorse conviction.

251(2)

If the person charged as provided in subsection (1) does not admit the injury, the judge or justice, either before or after making the conviction on the charge, shall inquire into the question of whether or not the injury was occasioned by the person charged; and if it is established that the injury was so occasioned, he shall make an endorsement upon the conviction of that fact giving the amount of damage caused, and in the case of injury to any person, the name of the person and the nature of the injury.

Information where injury caused.

251(3)

Where a person is charged as provided in subsection (1) it is not necessary for the information to state that the injury occurred in respect of the breach of the statute, and the matter shall be inquired into and determined by the judge or justice, whether or not it is so stated in the information.

Successive offences.

252

Where a penalty is provided in this Act for a first, second, third or subsequent offence, the words "first", "second", "third" or "subsequent" relate only to offences committed in the same period of thirty-six months; but this section does not apply to an offence under section 213 or 264.

Proceedings where previous convictions.

253

The proceeding upon an information for an offence against any provision of this Act, in a case where a previous conviction or previous convictions are charged, shall be as follows :

(a) The judge or justice shall, in the first instance, inquire concerning the subsequent offence, and if the accused is found guilty thereof he shall then be asked whether he was so previously convicted as alleged in the information, and if he answers that he was so previously convicted he shall be sentenced accordingly; but if he denies that he was so previously convicted, or does not answer the question, the judge or justice shall then inquire concerning the previous conviction or convictions.

(b) A certificate purporting to be under the hand of the convicting judge or justice, or of the Registrar of the Court of Queen's Bench or a deputy registrar of the Court of Queen's Bench to whose office a conviction has been returned, or the registrar, is admissible in evidence, without proof of the signature or official character of the person signing it or of the identity of the person charged with the person named in the certificate, if the name is the same, as prima facie proof of the previous conviction or convictions and of all the facts set forth in the certificate.

(c) In the event of a conviction for any second or subsequent offence becoming void or defective after the making thereof, by reason of any previous convictions being set aside, quashed, or otherwise rendered void, a judge of the court or the justice by whom the second or subsequent conviction was made shall summon the person convicted to appear at a time and place to be named, and shall thereupon, upon proof of the due service of the summons, if the person fails to appear, or on his appearance, amend the second or subsequent conviction, and adjudge such penalty or punishment as might have been adjudged had the previous conviction never existed; and the amended conviction shall thereupon be held valid to all intents and purposes as if it had been made in the first instance.

Reduction or penalty.

254(1)

In any prosecution for an offence against this Act other than an offence under section 68, 71 or subsection 86(2) if the judge or justice is satisfied from the evidence that the offence charged occurred through accident or under circumstances not wholly attributable to the fault of the accused, the judge or justice may, notwithstanding anything in this Act, instead of imposing the penalty in this Act provided for the offence, either acquit or reprimand the accused.

Acquittal where accused not at fault.

254(2)

In any prosecution under this Act, other than under section 71 or subsection 86(2), in respect of the operation of a truck, commercial truck, or public service vehicle for a weight in excess of the gross weight specified thereunder, if the judge or justice is satisfied that the weight is not in excess of the tolerance specified in regulations by reason of circumstances not wholly attributable to the accused, the judge or justice may acquit the accused and in the case of a prosecution under section 71, where the material being hauled consists of clay or mud obtained from an excavation of a highway or building, and no scales are available at the location of loading or within a reasonably close distance from the location of loading, if the judge or justice is satisfied from the evidence that the offence charged occurred under circumstances not wholly attributable to the fault of the accused, he may acquit or reprimand the accused.

EVIDENCE FROM MACHINES

Evidence from speed-timing devices.

255(1)

Where

(a) any person is charged with committing an offence under this Act by reason of driving a motor vehicle on a highway at any time at a speed that, at that time and on that highway, was unlawful under this Act;

(b) the speed at which the person was driving the motor vehicle, at the time and place charged, was determined by speed-timing device; and

(c) evidence of that speed is tendered to the judge or justice by way of the production of a recording made by the speed-timing device, or by the oral evidence of the peace officer operating the speed-timing device at the time the alleged offence was committed;

if the speed-timing device is of a type that has been approved by the Attorney-General as being suitable for determining the speed at which motor vehicles on the highway are travelling, and the judge or justice is satisfied that it was in good working order at the time that the recording was made, he may accept the recording or the testimony of the peace officer as evidence without requiring expert evidence respecting the functions and operation of the speed-timing device or of its efficiency for the purpose of determining the speed at which motor vehicles are being driven on highways.

Evidence of particulars of registration.

255(2)

A book or card, or other record or document, purporting to be issued by the registrar or caused to be prepared by, or at the request of, or under the authority of, the registrar,

(a) on which there is printed a notice stating that the book, card, record, or document is issued by or under the authority of the registrar; and

(b) containing all or some of the particulars furnished to the registrar on registration with him of one or more motor vehicles or trailers;

is admissible in evidence as prima facie proof of the details and particulars set forth therein respecting any motor vehicle or trailer therein designated or described and of the registration thereof.

Approval of speed-timing devices.

255(3)

For the purposes of subsection (1), the Attorney-General may, by regulation, approve types of speed-timing devices and prescribing forms for recording and reporting the accuracy of such timing devices.

Appointment of testers.

255(4)

The Attorney-General may appoint one or more qualified persons as testers of various types of speed timing devices approved under subsection (3); and a certificate certifying as to the accuracy of a speed timing device of a type approved under subsection (3) issued by a person so appointed as a tester of that type of speed timing device is admissible as prima facie proof of the accuracy of the speed timing device without proof of his signature or appointment.

Searches and extracts.

255(5)

The registrar may, upon request, cause searches to be made of the records maintained under his supervision, and may furnish extracts therefrom or copies thereof upon payment of the fee prescribed.

Definition of "speed-timing device".

255(6)

In this section "speed-timing device" does not include a speedometer.

Photographic copies.

256

In any proceeding under this Act a print from a photographic film of any record or document certified by the registrar to be a true copy of the original is admissible in evidence in all cases, and for all purposes, in or for which the original of the record or document would have been admissible.

Certificate as to timing lines on highway.

257

The Attorney-General may appoint one or more engineers employed by the government under the member of the Executive Council responsible for the construction and maintenance of provincial highways, for the purpose of certifying the accuracy of lines painted on the surface of a roadway for the purpose of determining the speed of motor vehicles by means of aircraft; and, a certificate issued certifying as to the accuracy of such lines and issued by a person so appointed is admissible as prima facie proof of the accuracy of those lines without proof of his signature or appointment.

Impounding of licence.

258

Except in the case of a suspension under section 239, where a licence or permit to drive has been, or is required to be, suspended or cancelled as the result of a conviction of a person under this or any other Act of the Legislature or of the Parliament of Canada, the judge or justice convicting the person shall impound, or direct a peace officer to impound, the licence or permit of that person and the judge, justice or peace officer by whom the licence or permit is impounded shall forward it to the registrar.

REPORTS OF CONVICTIONS AND JUDGMENTS

Certificate of conviction or order sent to registrar.

259(1)

Every judge or justice, with respect to

(a) each conviction made by him for an offence mentioned in section 264; and

(c) each order made by him cancelling or suspending a licence or the registration of a motor vehicle, or disqualifying any person from holding a licence;

shall forthwith send to the registrar a certificate, transcript, or certified copy of the conviction or order.

Certificate of orders sent to registrar.

259(2)

Every registrar, deputy registrar or clerk of a court, with respect to

(a) each order, judgment, or conviction for an offence mentioned in section 264;

(b) each order or judgment of the court cancelling or suspending a licence or the registration of a motor vehicle, or disqualifying any person from holding a licence;

(c) each order or judgment of the court in an action for damages resulting from bodily injury to, or the death of, any person or from damage to property exceeding $100.00 occasioned by, or arising out of, the ownership, maintenance, operation, or use, of a motor vehicle; or

(d) each order entered as a judgment of the court pursuant to subsection 13(3) of The Unsatisfied Judgment Fund Act;

shall forthwith send to the registrar a certificate, transcript or certified copy, of the order or judgment.

Fee for certificate.

259(3)

A judge, justice, Registrar, deputy registrar, clerk or other officer, charged with a duty under subsection (1) or (2) is entitled to collect and receive the prescribed fee for each certificate, transcript, or copy, forwarded to the registrar as in those subsections required; and the fee shall be paid as part of the costs, in the case of a conviction, by the person convicted, and in the case of an order or judgment, by the person for whose benefit the order or judgment is made.

Certificate as evidence.

259(4)

A certificate, transcript or copy, sent to the registrar pursuant to subsection (1) or (2), is admissible in evidence as prima facie proof of the conviction, order, judgment, appeal, or proceedings, to which reference is made therein.

Certificates respecting non-residents.

259(5)

Where a person convicted, or against whom an order is made, as mentioned in subsection (1) or (2), is not resident in the province but resides in another part of Canada or in a state or territory, or the District of Columbia, in the United States, the registrar shall forthwith send to the proper officer in charge of the registration of motor vehicles and the licensing of drivers in that part of Canada or in that state, territory, or district, a certificate, transcript, or certified copy, of the conviction, order, or judgment.

Notice to other jurisdictions of suspensions, etc., in Manitoba.

259(6)

Where under this Act, a person who is not a resident of the provinces loses, by suspension or cancellation, the privilege of driving a motor vehicle in the province, or of using or having in the province a motor vehicle registered in any province, territory, state, or country in his name, if the person resides in another part of Canada or in a state, territory, or the District of Columbia, in the United States, the registrar, if he has notice in writing of the suspension or cancellation, shall forthwith send to the proper officer in charge of the registration of motor vehicles and the licensing of drivers in that province or other part of Canada or in that state, territory, or district, a notice of the cancellation or suspension containing a brief statement of the reasons therefor.

Registration of motor vehicles of persons under suspension, etc.

260

Where it comes to the attention of the registrar that a motor vehicle, for the registration of which any person applies, is a motor vehicle that was involved in an accident in respect of which the licence of the driver, or the registration thereof in the name of any person, was suspended under this Act, if that licence or registration remains suspended, or if that driver or person is disqualified under this Act from holding a licence or from having a motor vehicle registered in his name, unless the registrar is satisfied that the application is not made with the intent of defeating any of the purposes of this Act, he shall not register the motor vehicle in the name of the applicant.

CONVICTIONS CERTIFIED TO REGISTRAR

Certificate of conviction to registrar.

261(1)

A judge or justice who convicts any person

(a) of an offence under this Act or under any other Act of the Legislature or of the Parliament of Canada committed in the operation of a motor vehicle; or

(b) of an offence under a municipal by-law passed pursuant to this Act, committed in the operation of a moving motor vehicle;

shall forthwith certify the conviction or judgment to the registrar in such form as the registrar may require, setting out the name, address, and description, of the person convicted or so adjudged, the nature and number of his licence, if any, the registration number of the motor vehicle with which the offence or violation was committed, the name of the Act or by-law, and the number of the section thereof, contravened, and the time the offence was committed.

Cancellation of registration or licence in certain cases.

261(2)

In the case of a conviction for an offence for which a motor vehicle may be impounded under this Act, the registration of the motor vehicle with which the offence was committed, if owned by the person convicted, or the licence of the person convicted, or both, may, in addition to any other penalties provided in this Act, be cancelled by the registrar; and, in the event of cancellation, the offender is not entitled to register a motor vehicle, or if his licence is cancelled, to a licence, for a period of two years thereafter.

Fee for certificate added.

261(3)

The judge or justice is entitled to add to the costs of conviction the amount of the prescribed fee for his costs of the certificate.

Certificate as evidence.

261(4)

A copy of the certificate, certified by the registrar, is admissible in evidence as prima facie proof of the conviction, and may be given in evidence without proof of the signature of the person certifying or of the convicting judge or justice or of his appointment to office.

Payment of storage charges where conviction quashed.

262

Where a conviction to which section 225 refers is quashed or set aside and the vehicle seized, impounded, or taken is, on an order of the court, delivered to the person convicted, the reasonable costs and charges for the care or storage thereof until the date of the order are chargeable to the Minister of Finance and shall be paid by him from the Consolidated Fund to the person providing the care or storage or, if they have been paid by or on behalf of the person convicted, to the person who paid them.

DISQUALIFICATION TO HOLD LICENCE

Disqualification on conviction while without a licence.

263(1)

A person found guilty of an offence against this Act or section 233, 234, 235, 238, 239 or 295 of the Criminal Code, who is shown by the evidence given at the hearing, or subsequently before sentence is passed, to have been, at the time the offence was committed, driving a motor vehicle without being licensed or permitted under this Act so to do, may be declared by the convicting judge or justice, when passing sentence, to be disqualified from holding a licence for such time as the judge or justice may state in so declaring.

Certificate to registrar.

263(2)

Forthwith after the conviction the judge or justice shall report accordingly, sending with his report a certificate of the conviction to the registrar.

Automatic suspension for certain offences.

264(1)

The licence and the right to have a licence of a person who is convicted of an offence under section 203, 204, 219, 233, 234, 234.1, 235, 236 or 238 of the Criminal Code, committed by means of a motor vehicle is hereby suspended

(a) in the case of a first conviction, for a period of 6 months except where injury to, or the death of, any person or damage to property exceeding $500.00 occurred in connection with the offence, in which case the period of suspension is one year; and

(b) in the case of a second or subsequent conviction, for a period of 5 years.

Definition of second or subsequent offence.

264(2)

For the purpose of subsection (1), a conviction for an offence under the sections mentioned therein shall not be deemed to be a second or subsequent conviction unless the offence for which a person is convicted occurred within 5 years after the date of the immediately preceding offence.

Further suspension of licence.

264(3)

In addition to the penalty provided under subsection 225(5), where a person is convicted of an offence under subsection 225(1) for driving a motor vehicle on a highway while his driver's licence is suspended under subsection (1), the licence and the right to have a licence of that person is automatically further suspended in accordance with clause (1)(a) or (b), as the case may require.

Consecutive suspensions.

264(4)

Where a person's licence and right to have a licence is suspended pursuant to subsection (1) as a result of his being convicted of an offence under subsection 238(3) of the Criminal Code, the suspension under subsection (1) of this section is consecutive to any suspension or disqualification in effect at the time the offence under section 238 of the Criminal Code was committed.

Determination of subsequent offences.

264(5)

For the purpose of determining, under subsection (1), whether a conviction of a person is upon a first, second, or third offence, any conviction of that person under section 234, 234.1, 235 or 236 of the Criminal Code for any of the offences mentioned in those sections, shall be deemed to be also a conviction of the others of those offences.

Certificate of registrar as evidence.

264(6)

In any prosecution or proceeding under this section a certificate purporting to be signed by the registrar as to

(a) the suspension or cancellation of the driver's licence issued to any person; or

(b) the disqualification of any person to hold a licence or register a motor vehicle under this Act;

is admissible in evidence as prima facie proof of the matters therein certified without proof of the signature of the registrar.

Impoundment of driver's licence.

264(7)

Where the licence and right to have a licence of any person is suspended or cancelled under this section, the judge or justice shall impound and send, or cause to be sent, to the registrar the driver's licence of the person convicted.

Stay of suspension.

264(8)

Where an appeal is taken against a conviction for any offence, and where the licence, permit, right to have a licence or the registration of a vehicle, is suspended or cancelled, or the person is disqualified from obtaining a licence, permit, or registration of a vehicle, pursuant to any provision of this Act, and by reason of the conviction, the judge, or a judge of the court, being appealed to may direct that the suspension, cancellation or disqualification be stayed pending the final disposition of the appeal or until otherwise ordered by the court.

Notice of stay to registrar.

264(9)

Where a stay is directed pursuant to subsection (8) of this section, the judge or judges of the court being appealed to shall cause a copy of the direction, together with a copy of any order made under subsection 225(6) of the Criminal Code, to be sent by registered mail to the registrar; and upon his receipt of the court's direction, the operation of this section, as the case may be, is stayed pending receipt by the registrar of notice as to the disposition of the appeal; and, where the appellant's driver's licence is in the registrar's possession, the registrar, upon application by the appellant, shall restore the driver's licence to the appellant.

Where appeal not allowed.

264(10)

Upon the disposition of the appeal, if the judgment of the court is that the appeal be not allowed, the judge or judges of the court shall, when delivering judgment, impound and send, or cause to be sent, to the registrar, the driver's licence of the appellant, together with formal notification of the disposition of the appeal; and the provisions of this Act stayed by the direction under subsection (8) shall become operative upon the receipt by the registrar of the formal notification of the disposition of the appeal.

Temporary licence.

264(11)

Subject to subsection (11), where a person is convicted of an offence and his licence, right to have a licence, or registration is suspended or cancelled under this Act by reason of the conviction, the convicting judge or justice

(a) may order that the suspension or cancellation be stayed for a period not exceeding forty-five days from the day on which the conviction was made; and

(b) upon making an order under clause (a), shall

(i) require the person convicted to surrender to the judge or justice his driver's licence, or permit, as the case may be, and send it or cause it to be sent to the registrar,

(ii) issue, or cause to be issued, to the person convicted a temporary licence in a form prescribed by the registrar valid for the period of the stay, except where the licence that is surrendered is due to expire before the expiration of the period of the stay, for such number of days as remain unexpired on the licence that was surrendered, and

(iii) record on the certificate of conviction that a temporary licence has been issued to the person convicted.

Further temporary licence.

264(12)

Where under clause (11)(a) the suspension of the licence of a person is stayed for 45 days and under sub-clause (11) (b) (ii) a temporary licence is issued for a period less than 45 days for reasons set out in that sub-clause, the person may apply to the registrar for a further temporary licence and upon payment of the prescribed fees for the temporary licence and insurance premiums payable under The Manitoba Public Insurance Corporation Act and regulations made thereunder, the registrar shall issue to the person a further temporary licence which shall be valid for a period representing the difference between 45 days and the number of days during which the first temporary licence was valid.

Limitation on temporary licences.

264(13)

A judge or justice shall not make an order under subsection (11) unless he is satisfied that

(a) the person convicted intends to appeal the conviction; or

(b) the person convicted intends to apply to the appeal board under section 279; or

(c) the person holds a valid and subsisting driver's licence issued under this Act and which is not suspended pursuant to other provisions of this Act.

Beginning of suspension after stay.

264(14)

Where a judge or justice orders under subsection (11) that the suspension or cancellation of the licence, right to have a licence, or registration of a person be stayed, the period of the suspension or cancellation begins on the expiry of the period for which a temporary licence is issued to the person under subsection (11).

Suspension.

264(15)

Notwithstanding anything in this Act, where a person is convicted of an offence mentioned in subsection (1), the convicting judge or justice may suspend the licence and the right to have a licence for a period not exceeding 5 years, but in making the order the judge or justice shall not suspend the licence or the right to have a licence for a period shorter than the period prescribed by subsection (1).

Reinstatement of licence of person suspended for life.

264(16)

Where the licence or right to have a licence has been previously suspended under subsection (1) for life, and 5 or more years have elapsed from the date when the suspension became effective, the person whose licence or right to have a licence was suspended for life, may apply to the registrar for reinstatement of his licence to drive; and the registrar may issue the licence if the person is otherwise qualified under the Act to obtain and hold a licence and has not been convicted of any further offence mentioned in subsection (1) during the 5 year period immediately preceding the date of his application.

Request for surrender of driver's licence at roadside.

265(1)

Where, upon demand of a peace officer made under section 234.1 of the Criminal Code (Canada), the driver of a motor vehicle provides a sample of his breath which, on an analysis by an approved roadside screening device as defined in that section, registers "WARN" or "AVERTISSEMENT" or "FAIL" or "POSITIF", the peace officer shall request the driver to surrender his licence.

Request for surrender of driver's licence after breathalyzer test.

265(2)

Where, upon demand of a peace officer made under subsection 235(1) of the Criminal Code (Canada), the driver of a motor vehicle or a person who has the care or control of a motor vehicle provides a sample of his breath which, on analysis by an instrument approved as suitable for the purposes of section 237 of the Criminal Code (Canada), indicates that the proportion of alcohol in his blood is 50 milligrams or more of alcohol in 100 millilitres of blood, the peace officer shall request the driver to surrender his licence.

Calibration of roadside screening device.

265(3)

For the purposes of subsection (1),

(a) the roadside screening device shall not be calibrated to register "WARN" or "AVERTISSEMENT" when the proportion of alcohol in the blood of the person whose breath is being analyzed is less than 50 milligrams of alcohol in 100 millilitres of blood; and

(b) the roadside screening device shall not be calibrated to register "FAIL" or "POSITIF" when the proportion of alcohol in the blood of the person whose breath is being analyzed is less than 100 milligrams of alcohol in 100 millilitres of blood.

Presumption respecting roadside screening device.

265(4)

It shall be presumed, in the absence of proof to the contrary, that any roadside screening device used for the purposes of subsection (1) has been calibrated as required under subsection (3).

Surrender of licence.

265(5)

Upon a request being made under subsection (1) or (2), the driver shall forthwith surrender his licence to the peace officer.

Suspension of licence ipso facto.

265(6)

Upon a request being made under subsection (1) or (2), whether or not the driver surrenders his licence to the peace officer, his licence is, ipso facto, suspended and invalid for any purpose

(a) where the roadside screening device referred to in subsection (1) registers "WARN" or "AVERTISSEMENT" or the analysis referred to in subsection (2) indicates that the proportion of alcohol in the driver's blood is 50 milligrams or more of alcohol in 100 millilitres of blood but is less than 100 milligrams of alcohol in 100 millilitres of blood, for a period of 6 hours from the time the request is made; and

(b) where the roadside screening device referred to in subsection (1) registers "FAIL" or "POSITIF" or the analysis referred to in subsection (2) indicates that the proportion of alcohol in the driver's blood is 100 milligrams or more of alcohol in 100 millilitres of blood for a period of 12 hours from the time the request is made.

Duties of peace officer.

265(7)

Where, under this section, the licence of a driver is suspended, the peace officer who requested the surrender of the licence under subsection (1) or (2) shall

(a) keep a written record of the licence suspended with the name and address of the driver and the date and time of the suspension;

(b) provide the driver whose licence is suspended with a written statement of the time from which the suspension takes effect and the length of the period during which his licence is suspended;

(c) where the driver surrenders his licence give the driver a receipt therefore; and

(d) notify the registrar in writing of the suspension of the licence giving the name and address shown on the licence and the number of the licence.

Early termination of suspension.

265(8)

Where a driver whose licence is suspended under this section

(a) forthwith requests and voluntarily submits to a test at a place designated by the peace officer and the test indicates that the proportion of alcohol in the driver's blood is less than 50 milligrams in 100 millilitres of blood; or

(b) obtains and produces to the peace officer a certificate from a duly qualified medical practitioner stating that the proportion of alcohol in the blood of the driver as tested by the medical practitioner subsequent to the commencement of the suspension is not 50 milligrams or more in 100 millilitres of blood;

the suspension and invalidity of the licence is thereupon terminated and the peace officer shall return the driver's licence, if it has been surrendered to the peace officer, to the driver.

Return of licence.

265(9)

Upon the termination of the suspension of the licence under this section, the licence shall, if it was surrendered to a peace officer, be returned to the driver by registered or certified mail to the address shown on the licence or to any other address requested by the driver unless the driver calls for the licence in person.

Removal of vehicle.

265(10)

Where, under this section, the licence of a driver is suspended, if the motor vehicle which the driver was driving at the time is in a location from which, in the opinion of the peace officer who requested the surrender of the licence, it should be removed, and there is no person with a licence easily available to remove the motor vehicle with the consent of the driver, the peace officer may remove the motor vehicle or cause it to be removed to a nearby area where parking is permitted and notify the driver of its location.

Costs of moving and storage.

265(11)

Where a peace officer requests assistance to remove a motor vehicle under subsection (10), the costs and charges incurred in moving or storing the vehicle, or both, are a lien on the vehicle that may be enforced under The Garage Keepers Act by the person who moved or stored the vehicle at the request of the peace officer.

Use of written record.

265(12)

The written record kept under clause (7) (a) and the notice given to the registrar under clause (7) (d) shall not be used and is not admissible in any prosecution except a prosecution for driving while the driver's licence is suspended.

Young offenders

266

Where a person is adjudged to have committed an offence under the Young Offenders Act (Canada), as amended from time to time, for an offence to which subsection 264(1) applies, he shall, for the purposes of section 264 be deemed to be a person to whom subsection 264(1) applies; and all the provisions of that section apply to the case.

Suspension for liquor offences.

267

Notwithstanding anything in any other Act of the Legislature, a judge or justice who convicts any person of a breach of The Liquor Control Act, with respect to liquor had or kept or carried in a motor vehicle that is operated for compensation, may suspend, for a period of not less than six months and not more than twelve months,

(a) the licence of the driver thereof; and

(b) the registration of the vehicle, unless it appears to the satisfaction of the convicting magistrate, that the person convicted is not the owner thereof.

Temporary permit on suspension of licence.

268(1)

Where any person is convicted of an offence under any provision of this Act or the Criminal Code, and, by reason thereof, his licence is suspended under any provision of this Act, or by the convicting judge or justice pursuant to any provision of this Act, a judge or justice or the registrar may issue to the person convicted, in a form prescribed by the registrar, a permit authorizing him to drive a motor vehicle in the province during a period of twenty-four hours beginning at the time the permit is issued.

Effect Of temporary permit.

268(2)

Notwithstanding any other provision of this Act, a person to whom a permit is issued under subsection (1) may, during the period stated in the permit, drive in the province any motor vehicle that the licence suspended authorized him to drive; and the suspension of the registration of the motor vehicle, if any, is stayed for the same period as stated in the permit.

DIVISION II

SUSPENSION OF REGISTRATION AND LICENCE SUSPENSION FOR CERTAIN CONVICTIONS

Cancellation of licences, etc., where cheque dishonoured.

269(1)

Where payment of any fee prescribed for the registration of a vehicle, or for a licence of any class of licence, or a permit, or of any insurance premium prescribed under The Manitoba Public Insurance Corporation Act or regulations made thereunder, is made to the registrar by cheque, if the cheque is dishonoured, the registrar shall suspend the registration card, the number plates, the licence or permit, issued under this Act, and the suspension imposed shall remain in force until all fees and premiums required to be paid in respect thereof are fully paid.

Effect of indebtedness to corporation.

269(2)

Where an applicant for the registration of a motor vehicle or a driver's licence of any class, or a learner's certificate or a permit

(a) is indebted to the Manitoba Public Insurance Corporation for a premium or additional premium or surcharge assessed in the current or any preceding year; or

(b) is indebted to the Corporation for any other debt arising from the insuring of the applicant's motor vehicle or the issuance of a driver's licence; and

(c) the registrar has been given notice of the indebtedness by the Corporation; the registrar or the transport board or the Taxicab Board, as the case may be, shall suspend the registration of any motor vehicle registered in that person's name and his driver's licence; and shall refuse to register any vehicle in that person's name or issue a licence or permit to that person until the amount of the indebtedness had been fully paid to the Corporation.

Payment of indebtedness.

269(3)

Where an application for a driver's licence, permit or registration of a vehicle is made by any person whose registration, licence or permit is suspended under subsection (1) or (2), unless the application is accompanied by sufficient moneys to pay for the registration, licence or permit for which the application is made and also to pay all indebtedness owing to The Manitoba Public Insurance Corporation and the registrar, the registrar shall deny the application, and the fees and insurance premiums paid by the applicant in respect of that application shall be applied firstly towards the payment of any indebtedness owing to The Manitoba Public Insurance Corporation or the registrar, or both, as the case may be, in respect of fees, insurance premium, additional premium or surcharge for the current or any preceding registration or driver licence year, and if there is a balance of any fees and premiums paid by the applicant after the indebtedness is paid, that balance shall be fully refunded to the applicant.

SUSPENSION FOR FAILURE TO SATISFY A JUDGMENT

Suspension for judgments in Canada or U.S.A.

270(1)

The registrar shall suspend the licence of each driver, and the registration of every motor vehicle registered in the name of each person, who fails within thirty days to satisfy a judgment rendered against him by any court in Canada or the United States, in an action for damages resulting from bodily injury to, or the death of, another, or damage to property in an amount exceeding $500.00 exclusive of costs, occasioned by, or arising out of, the ownership, maintenance, operation, or use, of a motor vehicle by that driver or person.

Where suspension not required.

270(2)

The registrar is not required to suspend, under subsection (1), the licence of a judgment debtor and the registration of motor vehicles registered in his name if he is satisfied that the judgment debtor is insured under a policy of automobile insurance whereby the insurer is obligated to pay the amount of the judgment on which the suspension is based at least to the extent, and for the amounts, mentioned in sub-clause (5)(a)(iv), but has not done so.

Subsequent suspension.

270(3)

Where, pursuant to subsection (2), the registrar has not suspended a licence or registration, if subsequently it is determined by a final judgment or order that the insurer is not obligated to pay the amount of the judgment, the registrar shall forthwith suspend the licence and registration as required under subsection (1).

When suspension made.

270(4)

A suspension pursuant to subsection (1) shall be made by the registrar upon the expiration of the thirty days and upon receipt by him of

(a) a certificate of the judgment issued by the proper officer of the court in which the judgment was rendered; and

(b) evidence satisfactory to the registrar of the identity of the judgment debtor.

Period of suspension.

270(5)

Subject to subsection (7), every licence and every registration suspended pursuant to subsection (1) shall remain so suspended, and shall not thereafter be renewed, nor shall any new licence be thereafter issued to, or registration for the same or any other vehicle be permitted to be made by, or in the name of, the person liable on the judgment, until

(a) in the case of one or more judgments resulting from

(i) bodily injury to, or the death of, one or more persons; or

(ii) loss of, or damage to, property; in one accident, or from both the causes stated in sub-clauses (i) and (ii);

(iii) it is, or they are, discharged (otherwise than by a discharge in bankruptcy); or

(iv) if not discharged, the total amount or total of the amounts owing thereunder is satisfied to the extent of $180,000.00 in the case of a judgment or judgments arising from bodily injury or death, if any, and at least $20,000.00 in the case of a judgment or judgments arising from damage to property, if any, and in any event, to the extent of at least $200,000.00; and

(b) in every case, the person so liable gives proof of financial responsibility.

Payment of judgment in instalments.

270(6)

A judgment debtor to whom this section applies, if the judgment was recovered in a court in the province, on due notice to the judgment creditor, may apply to that court for the privilege of paying the judgment in instalments; and the court may, in its discretion, so order and fix the amounts and times of payment of the instalments.

Restoration of licence.

270(7)

Where an order has been made by the court pursuant to subsection (6), while the judgment debtor is not in default in payment of the instalments he shall, for the purposes of this section, be deemed not to be in default in payment of the judgment; and if he has given proof of financial responsibility, the registrar may restore the licence and registration or privilege of that judgment debtor, or any one or more of them, until he makes default in paying the instalments; and thereafter as often as default happens shall suspend, and as often as the default is remedied may restore, the licence and registration or privilege or any one or more of them.

SUSPENSION IN CASE OF ACCIDENT

Suspension for serious accidents.

271(1)

Subject to subsections (2), (3), and (6), where bodily injury to, or the death of, any person or damage to property in an amount apparently exceeding $500.00, results from an accident on a highway in which a motor vehicle is in any manner, directly or indirectly, involved, if the motor vehicle is, or is required to be, registered under this Act, the registrar, on receipt by him of notice in writing of the accident, shall suspend the licence of the driver and the registration of every motor vehicle registered in the name of the owner and of the driver.

Revocation of suspension.

271(2)

Where the owner of the motor vehicle involved in the accident whose registration is subject to suspension under this section satisfies the registrar that

(a) at the time of the accident the motor vehicle was a stolen motor vehicle or had been taken by a person contrary to section 281 of the Criminal Code; or

(b) the accident was caused by a person having committed a violation of section 209 with respect to the motor vehicle; or

(c) the only damage resulting from the accident is to the owner or driver, or to the motor vehicle, or to property owned by the owner or driver of the motor vehicle;

if the suspension has not already become effective, the registrar shall not suspend the registration, and, if it has become effective, he shall reinstate the registration; and, where the driver of the motor vehicle involved in the accident whose licence or registration is subject to suspension under this section satisfies the registrar that

(d) the accident was caused by a person having committed a violation of section 209 with respect to the motor vehicle; or

(e) the only damage resulting from the accident is to the driver or to the motor vehicle or to property owned by the owner or driver of that motor vehicle; or

(f) at the time of the accident he was unaware that the vehicle was uninsured and furnishes proof of insurance coverage under his driver's licence;

if the suspension has not already become effective, the registrar shall not suspend the licence or registration, and, if it has become effective, he shall reinstate the licence or registration, or both.

Suspension for serious accident.

271(3)

Where a person whose licence or registration is subject to suspension under this section produces to the registrar a motor vehicle liability insurance card or a financial responsibility card in respect of the motor vehicle involved in the accident and issued prior to the accident, if the suspension has not already become effective the registrar shall not suspend the licence or registration, and if it has become effective he shall reinstate the licence or registration or both so suspended.

Period of suspension.

271(4)

Subject to subsections (2) and (3), every licence and every registration suspended under subsection (1) shall remain suspended, nor shall a licence be thereafter issued to the person whose licence has been suspended, or registration for the same or any other motor vehicle be permitted to be made by the person the registration of whose motor vehicle has been suspended, until

(a) the person

(i) gives security sufficient, in the opinion of the registrar, to satisfy any judgment that may thereafter be recovered against that person as a result of the accident, or any sum that may be agreed upon as liquidated damages, but subject to the limits as to amount stated in section 162; or

(ii) produces to the registrar proof satisfactory to the registrar that he has satisfied all claims against him for damages for bodily injury to, or the death of, any person, or for damage to property in an amount exceeding $500.00, resulting from the accident, up to the limits as to amount stated in section 162; and

(b) in the case of a person the registration of whose motor vehicle has been suspended, gives proof of financial responsibility, whether he has given security or produced proof of satisfaction of claims as provided in clause (a).

Termination of suspension, etc., after six months.

271(5)

Where

(a) six months have elapsed since the date of an accident and the owner or driver, respectively, of a motor vehicle in any manner, directly or indirectly, involved therein

(i) has neither paid nor agreed to pay any sum as damages in respect of bodily injury to, or the death of, any person, or any sum exceeding $500.00 for damages to property, resulting from the accident;

(ii) has not been named as defendant in an action for damages as a result of the accident; and

(iii) is not required to give proof of financial responsibility under another section of this Act;

or where

(b) judgment in an action for damages resulting from the accident brought against the owner or driver has been given in his favour, and he is not required to give proof of financial responsibility under another section of this Act;

the owner or driver, as the case may be, shall not thereafter be required to maintain proof of financial responsibility, and the registrar shall return to him any security given by him under subsection (4), and the suspension of his licence or registration, or both, is thereupon terminated.

No suspension re parked vehicle.

271(6)

This section does not authorize the suspension of the licence of any person, or of the registration of a motor vehicle owned by any person, in respect of an accident in which the motor vehicle driven or owned by that person, is involved which at the time of the accident was parked in a place where parking was at that time permitted.

SUSPENSION BY MINISTER

Suspension of non-resident's privileges.

272(1)

The minister may, subject to subsection (2), suspend any privilege granted to a non-resident under subsection 13(1) or 33(1), or under an agreement made pursuant to subsection 13(5),

(a) if the non-resident is guilty of a breach of any provision of this Act; or

(b) if the non-resident held a driver's licence or chauffeur's licence issued under this Act, that has been suspended or cancelled and if suspended, the suspension of which has not been removed, and if no new licence under this Act has subsequently been issued to him; or

(c) for any other cause deemed by the minister to be reasonable.

Removal of vehicle from province.

272(2)

Where the privilege mentioned in subsection 13(1) has been suspended with respect to a motor vehicle, it may, if it has not been impounded and notwithstanding any suspension effected pursuant to subsection (1), be removed from the province by any person by driving it, as directly and quickly as is reasonable and lawful, from the place where it is, at the time the privilege mentioned in subsection 13(1) is suspended, to the boundary of the province, on such day and over such highway as the registrar may direct.

Notice and hearing.

272(3)

The minister shall not suspend any privilege under subsection (1) without giving to the non-resident ten days notice in writing and an opportunity to be heard; and subject to subsection (4), the notice shall be the same as that which the registrar is required to send under subsection 273(2), and shall be served as mentioned in that section.

Submission of reasons in writing and by mail.

272(4)

Where the minister deems that a non-resident would suffer undue hardship or expense in appearing personally before him, and further deems that it is practicable for the non-resident to submit his case to the minister in writing, and that it is reasonable and just in the circumstances to permit him to do so, the minister may, in the notice sent as provided in subsection (3), advise the nonresident that he may, if he wishes, submit in writing and by mail, within such time as is specified in the notice, a statement of the reasons why the privilege should not be cancelled.

SUSPENSION BY REGISTRAR

Cancellation, etc., for cause.

273(1)

In addition to every other provision or cause for cancellation or suspension of a licence or registration,

(a) upon a driver or owner to whom the registrar has issued a licence or instruction permit or a registration card for a motor vehicle or trailer, failing to comply with any provision of this Act, or the regulations, or any restrictions or conditions to which the instruction permit is subject; or

(b) for any other reasonable cause;

and after giving at least ten days notice in writing to the driver or owner, and giving him an opportunity to be heard, the registrar may, subject to the right of the driver or owner to apply to the appeal board as herein provided,

(c) cancel or suspend the licence or instruction permit issued to, or refuse to issue a new licence or instruction permit to, the driver; or

(d) cancel or suspend the registration of any motor vehicle registered in the name of, or refuse to register any motor vehicle in the name of, the owner; either absolutely or for a specified period of time.

Contents of notice.

273(2)

A notice given under subsection (1) shall

(a) state briefly the reasons for the proposed suspension or cancellation;

(b) state the date on which, and the time and place at which, the hearing will be held;

(c) state that if the driver or owner satisfies the registrar that it is impossible, or will be inconvenient or difficult, for him to attend on the date, or at the time, so fixed, the registrar will, on application, fix another date or time, or both; and

(d) be personally served on the driver or owner or mailed to him, by registered or certified mail, addressed to him at his address last known to the registrar.

Suspension and cancellation of certain permits.

274(1)

After giving at least ten days notice in writing to a person to whom he has issued a permit under section 19 or 34 and giving the permittee an opportunity to be heard, the registrar may suspend or cancel the permit for non-compliance with, or infraction of, any provision of this Act or of the regulations by the permittee or by any of his employees, or for any other reason appearing to the registrar to be sufficient.

Contents of notice.

274(2)

A notice given under subsection (1) shall

(a) state briefly the reasons for the proposed suspension or cancellation;

(b) state the date on which, and the time and place at which, the hearing will be held; and

(c) be personally served on the permittee or mailed to him, by registered mail, addressed to him at his address last known to the registrar.

Suspension of registration of unfit motor vehicle on report from police.

275(1)

Where

(a) the officer in command in Manitoba of the Royal Canadian Mounted Police Force; or

(b) the chief constable of any city, town, or village in the province;

gives to the registrar a written statement setting out that he has reason to believe that a motor vehicle or trailer described in the statement is mechanically or otherwise unfit to be driven or operated on the highway, or is not equipped or constructed as required by this Act, or is in a condition that is likely to cause injury to persons or property, the registrar may suspend the registration of the motor vehicle or trailer and order the owner thereof to return to him the number plates issued therefor; and the owner shall comply with the order.

Condition of revocation of suspension.

275(2)

Where a registration is suspended under subsection (1), the registrar shall not cancel the suspension or return the number plates unless he is satisfied, by a certificate signed by a qualified mechanic, that the motor vehicle or trailer is mechanically fit to be driven or operated on the highway and is equipped and constructed as required by this Act and is not in a condition that is likely to cause injury to persons or property.

Notification of suspension or cancellation.

276(1)

Where the registration of a motor vehicle, or a licence or permit, has been suspended or cancelled under this Act, the registrar shall

(a) forthwith, in the case of a cancellation or suspension made by him; and

(b) as soon as he is aware of the fact, in the case of a cancellation or suspension not made by him;

give notice to the person in whose name the registration was made or the licence or permit was issued of the fact of the suspension or cancellation.

Manner of giving notice.

276(2)

The notice referred to in subsection (1) shall be in writing and shall either be served upon him personally or mailed to him by registered or certified mail addressed to the person at his last recorded address as shown by the records maintained by the registrar and in either case shall be deemed to be sufficient and conclusive proof of notice.

Registered or certified mailing of notice deemed conclusive service.

276(3)

The mailing of a notice by registered or certified mail under subsection (2) shall be deemed to be conclusive proof of the service of the notice on the person to whom it is addressed.

SURRENDER OF REGISTRATION AND LICENCES

Return of registration card, etc., on suspension.

277(1)

Where the registration, licence or permit of an owner or a driver has been suspended or cancelled in accordance with this Act, he shall immediately deliver his registration card and number plates where his registration has been suspended or cancelled and his licence or permit where his licence or permit has been suspended or cancelled

(a) to the judge or justice by whom the registration, licence or permit was suspended or cancelled, or by whom he was convicted of an offence for which the registration, licence or permit is required by the Act to be suspended or cancelled; or

(b) to the registrar, when requested by the registrar.

Recovery of licence, etc., by peace officer.

277(2)

Where any person fails to comply with subsection (1), the registrar may cause a peace officer or a person authorized for that purpose by the registrar to recover possession of the driver's licence, permit, registration card, and number plates or other means of identification or proof of registration issued to that person.

LICENCE SUSPENSION APPEAL BOARD

Establishment of appeal board.

278(1)

There is hereby established a board which shall be known as: "The Licence Suspension Appeal Board".

Membership of board.

278(2)

The appeal board shall be composed

(a) of 9 persons appointed by order of the Lieutenant Governor in Council; and

(b) such further members appointed by the Lieutenant Governor in Council to act solely under subsections (9) and (10) in respect of that part of the province lying north of the fifty-third parallel of north latitude;

and each member shall hold office for such term as may be fixed in the order appointing him and thereafter until his successor is appointed.

Chairman.

278(3)

The Lieutenant Governor in Council shall, by order in council, appoint one of the members of the appeal board to be the chairman thereof.

Vice-chairman, etc.

278(4)

The Lieutenant Governor in Council may, by order in council, appoint one of the members of the appeal board

(a) to be vice-chairman thereof; or

(b) to be acting chairman thereof for such period or periods, or without limitation as to time, as may be stated in the order in council appointing him;

to act, in either case, as chairman on the request of the chairman or the minister during the illness or absence of the chairman or during his inability from any cause to discharge his duties.

Quorum.

278(5)

Three members of the appeal board constitute a quorum thereof.

Rules of procedure.

278(6)

The appeal board may make rules not inconsistent with any Act or law to regulate its procedure.

Remuneration of members.

278(7)

Each member of the appeal board may be paid by the Minister of Finance such remuneration for his services as a member of the board as may be fixed by order of the Lieutenant Governor in Council; and, in addition, may be repaid the amount of such reasonable travelling and other out-of-pocket expenses necessarily incurred by him in discharging his duties as a member of the board, as may be approved by the Minister of Finance.

Powers and duties.

278(8)

The appeal board has such further powers, privileges, rights, duties, and functions as may be conferred or charged on it, vested in it, under section 279 or any other provision of this Act or of any other Act, or under regulations authorized by, and made under, this Act or any other Act.

Inquiries by single members.

278(9)

The appeal board, or the chairman thereof, may authorize one or more of the members of the board to make inquiry and to report to the board upon any question or matter arising in connection with the business of the board; and that member, when so authorized, has all the powers of the appeal board for the purpose of taking evidence or acquiring the necessary information for the purpose of the report; and upon the report being made to the board, it may adopt it as an order of the appeal board or otherwise deal with it in the discretion of the board; and a person appointed under clause (2)(b) has, in respect of taking evidence and acquiring information in that part of the province lying north of the fifty-third parallel of north latitude the same powers as a person authorized under this subsection.

Hearing of applications, etc., by one or more members.

278(10)

One or more members of the appeal board may hear an application, appeal, complaint, or other matter over which the board has jurisdiction under this Act or any other Act of the Legislature; and, after the hearing, the member shall report thereon fully to the appeal board with his recommendations, if any, and the board may thereupon deal with the application, appeal, complaint, or other matter, as if the hearing had been before the full appeal board.

Restoration of licence, etc., by appeal board.

279(1)

Subject to subsection (3), where

(a) the licence and right to have a licence of any person; or

(b) the registration of a motor vehicle registered in the name of any person; or

(c) the licence and right to have a licence, and also such a registration, of any such person; or

(d) an application of any person for a permit under section 19 or 34, or a permit issued under either of these sections; or

(e) an application of any person for a licence under section 24, or a licence issued under that section;

has or have been suspended, cancelled, or refused, as the case may be, under any provision of this Act except a suspension under section 239, notwithstanding any other provision of this Act the appeal board, on application by that person within six months after the suspension or cancellation takes effect, and upon hearing the applicant or his counsel, and also the Attorney-General or the registrar if either of them desires to be heard, or counsel on behalf of either or both of them, may, by order,

(f) revoke the suspension or cancellation in whole or in part; or

(g) direct the permit or licence to be issued;

as the case may be; and upon the making of such an order,

(h) the suspension or cancellation shall be conclusively deemed to be revoked to the extent stated in the order; and

(i) subject to the person complying with any requirements imposed by the registrar under section 28, or subsection 31(6) or 31(9), shall issue the licence or permit;

as the case may be.

Terms and conditions.

279(2)

Where the appeal board revokes a suspension or cancellation of a licence or registration or directs a licence or permit to be issued, it may make the revocation of the suspension or cancellation or order that the permit or licence be issued, subject to such terms, conditions and restrictions as it deems advisable, and it may make the terms, conditions and restrictions extend beyond the period for which the licence or registration was originally suspended or cancelled.

Temporary licence from appeal board.

279(3)

Notwithstanding any other provisions of this Act, where a person

(a) to whom a temporary licence has been issued, and who has filed an appeal from the suspension of a licence to drive, and a temporary licence has, or is about, to expire; or

(b) has not been granted a temporary licence by the convicting judge or justice, the chairman of the appeal board, or a person designated by him, may

(c) temporarily revoke the suspension and issue a further temporary licence for a period not exceeding 45 days; or

(d) where no temporary licence was issued by the convicting judge or justice, order the temporary revocation of the suspension and issue a temporary licence for a period not exceeding 45 days;

and the chairman shall cause to be furnished to the registrar a copy of the order temporarily revoking the suspension showing the period for which the temporary licence was issued.

Removal of conditions, etc.

279(4)

Where a suspension or cancellation of a licence or registration of an applicant is revoked or a licence or permit has been issued to an applicant pursuant to a direction made under this section, and terms, conditions or restrictions were imposed under subsection (2) on the revocation or direction, as the case may be, if after a period of 3 years the applicant has not been convicted of any further offence under the Criminal Code of Canada, or this Act, making him liable to further suspension, the board may, upon further application, remove all or some of the terms, conditions and restrictions imposed on the revocation or direction.

Time within which appeals may be heard.

279(5)

Notwithstanding subsection (1), where the appeal board deems that, in the circumstances of the case, it is reasonable and just so to do, it may receive an application under subsection (1) at any time and act thereon as in this section provided; but where the appeal board has, under this section, dealt with an application by any person and refused to revoke a suspension or cancellation or order the issue of a permit or licence, it shall not again receive and act on an application in respect of that suspension or cancellation or application for a permit or licence unless three years have elapsed since the disposal of the last previous application in respect thereof.

Limitation on orders.

279(6)

The appeal board shall not make an order under subsection (1), unless

(a) it is satisfied, in the case of a suspension, cancellation, or disqualification,

(i) that exceptional hardship will result if the suspension or cancellation and the consequent disqualification remains in effect, and

(ii) that, in all cases, the remission of the suspension or the cancellation and the consequent disqualification is not contrary to the public interest; and

(b) the applicant has paid to the board the prescribed fee;

and every fee paid under clause (b) shall be forwarded by the appeal board to the Minister of Finance; but the appeal board, in any case in which it deems it unreasonable or unjust that a fee should be paid or deems that undue hardship would result from the payment thereof, may waive payment of any fee or may recommend to the minister that the amount of the fee be remitted pursuant to The Financial Administration Act.

Remission of permanent cancellation.

279(7)

Where the cancellation and right to have a licence, or a registration, in respect of which an application is made under subsection (1), is permanent, if the application was refused, the appeal board may, on further application by the applicant, not earlier than 3 years after the most recent refusal of the application, and upon hearing the applicant and the Attorney-General or counsel, as in the case of an application under subsection (1), by order revoke the cancellation as in an application under subsection (1), and the order has the same effect as an order made under subsection (1).

Further application for revocation.

279(8)

Notwithstanding subsection (5), (7) or (10), where an application for revocation of a suspension, cancellation or disqualification has been refused on the grounds that the applicant failed to prove exceptional hardship, or that it is not contrary to the public interest, if, upon further application to the board made not earlier than 1 year following the date of the suspension, cancellation or disqualification, the board is satisfied that the applicant's circumstances have changed or new evidence is available showing that it would not be contrary to public interest to revoke the suspension, cancellation or disqualification, the board may, hear the application for revocation of the suspension, cancellation or disqualification, and subsection (6) applies mutatis mutandis to that further application.

Failure of applicant to appear at hearing.

279(9)

Where an applicant fails or neglects, without reasonable justification, to attend a hearing of his application on the date fixed by the board on two or more occasions, the board may refuse to hear the application, in which case the fee paid by the applicant shall be forfeited.

Further hearings.

279(10)

In any case to which subsection (7) applies, upon application as in that subsection provided, not earlier than three years after the making of an order under that subsection, the appeal board may, as provided therein, again hear the application and make an order with like effect and it may in the same manner hear an application and make an order after the lapse of each period of three years from the making of a previous order under this section.

Revocation of suspension or cancellation.

279(11)

Notwithstanding any other provision of this Act, where the licence of a person has been suspended or cancelled or the person is disqualified from holding a licence for more than 5 years

(a) if at least 5 years from the date of suspension, cancellation or disqualification have expired and the person during that period was not convicted of an offence under this Act or an offence mentioned in section 264; and

(b) if the board is satisfied that it is not contrary to public interest;

the board may revoke the suspension, cancellation or disqualification either absolutely or subject to such conditions as it may deem advisable and proper.

Variation of order by appeal board.

279(12)

Where the appeal board makes an order requiring the registrar to issue a conditional licence or permit or registration and subsequent to the issuance of the licence, permit or registration, as the case may be, the circumstances of the appellant have changed, the appeal board may, upon an application made to it for the purpose, vary the order in such manner as seems just to the appeal board.

Submission of appeal by mail.

279(13)

Where the board deems that an applicant would suffer undue hardship or expense in appearing personally before it, and further deems that it is practicable for the applicant to submit his case to the board in writing and by mail, and that it is reasonable and just in the circumstances to permit him to do so, it may by order direct that the applicant may so submit a statement of the reasons on which his application is based in writing and by mail within such time as is specified in the order.

PUBLIC SERVICE AND COMMERCIAL VEHICLES

Definitions.

280

In this Part,

"certificate" means authority to operate a public service vehicle under this Part;

"motor carrier" means a person operating a public service vehicle or a commercial truck;

"designated commodity" means a commodity designated by the board under subsection 289(1);

"property" includes goods, merchandise, liquids, gravel, sand, building material, poultry, horses, cattle, sheep, pigs, and livestock generally;

"toll" "gain", or "compensation" means the fee or rate charged or collected by any person for the carriage of passengers or property by a motor vehicle, and includes remuneration of any kind, paid or promised, directly or indirectly payable, whether for the use of all or part of the vehicle or for the services of the driver operating the vehicle.

Supervision of transport board over motor carriers.

281(1)

The transport board has a general supervision over motor carriers and operators of public service vehicles and commercial trucks in their relations to the public, the railways, and to one another; and, except as otherwise provided in this Act, may

(a) in matters within its jurisdiction, require every motor carrier to comply with the laws of the province and regulations made under this Act, and any municipal by-law affecting the carrier or his vehicle, in respect of transportation by him upon the highway of persons or property;

(b) require every motor carrier who engages to transport persons or property for others to furnish adequate, safe, sanitary, and proper service and to keep and maintain his motor vehicle and equipment in such condition as will enable him to do so;

(c) specify the routes and the nature of the routes over which public service vehicles and commercial trucks may operate, and assign the district or territory to be served by public service vehicles, and determine the number of such vehicles that may be permitted to serve in any district or area or along a route or highway, and specify by name the motor carriers who may operate those vehicles;

(d) classify public service vehicles and commercial trucks, and determine the proper class of each;

(e) fix the maximum and minimum tolls, fares, or charges to be made by motor carriers for gain or compensation, and fix the tolls or tariff of tolls that such carriers in a given class or classes may lawfully charge, and the commission upon, and the manner of recording and accounting for, cash on delivery shipments and moneys paid therefor;

(f) regulate and supervise operating schedules and services of motor carriers;

(g) hear and adjust complaints against motor carriers and, in inquiries to the observance of this Part or the regulations or orders made thereunder, summon and examine persons;

(h) direct and supervise the kind of equipment and the maintenance and method of operating public service vehicles and commercial trucks;

(i) prescribe the passenger and load capacity of public service vehicles and the maximum weight and kinds of express or other freight or property that may be carried by them, and the size and weight of packages;

(j) require, where deemed necessary, the establishment and maintenance of depots for passengers and freight and determine the suitability of the location thereof, and licence and regulate the depots and require all motor carriers or certain classes thereof to discharge and take on all their passengers or freight or express or certain classes thereof only at those depots, and by order allocate amongst the motor carriers using a depot the costs and expenses of erecting the building and the maintenance and supervision thereof, and require payment of those costs and expenses by such motor carriers;

(k) require the filing by motor carriers of returns, reports, and other information relative to highway transportation;

(l) require all drivers or persons proposing to become drivers of public service vehicles and commercial trucks, or either, to furnish a medical certificate of fitness to drive such vehicles or trucks, and require all such drivers or persons to submit to such driving and other tests as the board may prescribe, notwithstanding that any driver or person holds a chauffeur's or driver's licence issued under section 24;

(m) co-ordinate motor carrier services with railway services, and to that end co-operate with any other body having federal or provincial jurisdiction, over railway or motor carrier services; and

(n) generally, have and exercise like powers, duties, authority, and jurisdiction over motor carriers and their motor vehicles, in respect of highway transportation as are vested in the board under The Public Utilities Board Act over public utilities and their owners, including the imposition of penalties for the violation of orders made thereunder.

Single trip certificate for non-residents.

281(2)

Upon payment of the fee prescribed under this Act or the regulations, and the insurance premium prescribed under The Manitoba Public Insurance Corporation Act and the regulations made thereunder, the transport board may issue a single trip certificate to a non-resident owner of a motor vehicle that is duly registered for the current year in the province, territory, state or country of which the owner is a resident; and the certificate authorizes the motor vehicle described therein to be driven within the province on the date, or during the period, specified in the certificate subject to such conditions as the board may impose and indicate on the certificate.

Single trip certificate for residents.

281(3)

Upon payment of the fee prescribed under this Act and the regulations, and the insurance premium prescribed under The Manitoba Public Insurance Corporation Act and the regulations made thereunder, the transport board may issue a single trip certificate

(a) to a resident owner of a motor vehicle that is registered for the current year under section 5; or

(b) to a dealer or repairer to whom a permit has been issued under section 14; or

(c) to a dealer to whom an "in transit" marker has been issued under section 15;

and the certificate authorizes the motor vehicle specified therein to be driven within the province on the date or during the period specified in the certificate subject to such conditions as the board may impose and indicate in the certificate.

Tariff of fees not otherwise prescribed.

282(1)

Subject to the approval of the Lieutenant Governor in Council, the transport board may prescribe a tariff of the fees which shall be paid to the board by any person who is a party to, or interested in, matters coming before the board in respect to which no fee is otherwise prescribed.

Registration for quarter of year.

282(2)

Subject to subsection (3), any person applying to the transport board for authority to operate a public service vehicle or a commercial truck may elect to obtain the authority for one-quarter of the registration year at any time, and pay to the board the tariff of fees prescribed for each quarter in the regulations and the insurance premiums prescribed under The Manitoba Public Insurance Corporation Act and the regulations made thereunder.

Late registration.

282(3)

Where application is made for authority to operate a public service vehicle or commercial truck on or after the first day of December in any registration year, and the vehicle had not been previously registered for that registration year, the fee payable shall be the appropriate fee set out for that vehicle in the regulations.

Meaning of "one-quarter of year".

282(4)

For the purposes of this section and the tariff of fees set out in the regulations, "one-quarter of the registration year" means

(a) the period of March, April and May of any year; or

(b) the period of June, July and August of any year; or

(c) the period of September, October and November of any year; or

(d) the period of December in any year and January and February of the next following year.

Quarterly payments not refundable.

282(5)

Notwithstanding any other provision of this Act other than subsection (6), but subject to subsection (6), any fee paid to the registrar in respect of authority to operate a public service vehicle or a commercial truck for any quarter of the registration year is not refundable.

Application of subsection (5).

282(6)

Subsection (5) does not apply to a person to whom the registrar has issued authority to operate a public service vehicle or a commercial truck if he dies before or during the quarter of the registration year for which he has paid the fees.

Separate number plates or validation stickers for each quarter.

282(7)

Where the board grants authority to operate a public service vehicle for a quarter of the registration year, the registrar shall issue in respect of each separate quarter of the registration year separate distinctive number plates or a validation sticker and a separate certificate or licence, as the case may be.

Separate plates or validation stickers for commercial trucks.

282(8)

Where the registrar grants authority to operate a commercial truck for a quarter of the registration year, the registrar shall issue in respect of each separate quarter of the registration year separate distinctive number plates or a validation sticker and a separate certificate or licence, as the case may be.

Deposit or cost or inquiry.

282(9)

The transport board may also require that, before it begins any investigation or inquiry on the complaint or request of any person, the person complaining or making the request shall deposit with it such sum as may be deemed necessary to make the investigation or inquiry; and the deposit shall be returned in whole or in part to the person complaining or making the request if, upon investigation or inquiry, the complaint or inquiry is found to be justified or partly justified, or to be less costly to investigate or make than was deemed necessary when the deposit was made, as the case may be; otherwise it shall be forfeited to the transport board.

Payment of insurance premium.

282(10)

Before the registrar issues a certificate, permit or other authority for the operation of a motor vehicle under this Part, the owner of the motor vehicle shall pay to the registrar any insurance premium that is prescribed in respect thereof under The Manitoba Public Insurance Corporation Act and the regulations made thereunder.

Audit of accounts.

282(11)

The accounts of the transport board are subject to audit by the Provincial Auditor; and all moneys to the credit of the transport board in the accounts shall be paid into the Consolidated Fund at the end of each fiscal year of the province, or at such other time or times as the Lieutenant Governor in Council may order.

Appeal.

283

An appeal lies to The Court of Appeal from any final order or decision of the transport board upon any question involving the jurisdiction of the board or upon any point of law; and section 58 of The Public Utilities Board Act except clause 58(1)(c) thereof applies, mutatis mutandis, to any appeal taken.

No p.s.v. to be operated without certificate.

284(1)

Except as provided in this Part, no person, firm, or corporation by himself or by an agent or employee shall operate a public service vehicle upon a public highway in the province for the transportation of persons or property for compensation without holding a certificate approved by the transport board and issued by the registrar, authorizing the operation of the vehicle during the registration year for which it is issued.

Operator deemed owner.

284(2)

Every person who operates for compensation, whether as a common or contract carrier, a vehicle not registered under this Act, as being owned by a person other than himself or his employer, shall, notwithstanding the definition of "owner" in section 1, be conclusively deemed to be the owner thereof while the vehicle is in his possession.

Leasing of certain drive-yourself trucks.

285(1)

No person shall lease or rent a truck to another person, having a registered gross weight in excess of 12,700 kilograms, and which has been registered under The Taxicab Act as a drive-yourself truck, unless the transport board has issued a permit to the lessee, subject to such conditions or terms as the board may deem necessary in the public interest.

Compliance with conditions of permit.

285(2)

No person shall operate a truck in respect of which a permit has been issued under subsection (1) contrary to any conditions or terms imposed by the transport board and stated in the permit.

Production of permit to peace officer.

285(3)

The driver of the truck, or the person who leased or rented the truck, in respect of which a permit was issued under subsection (1) shall, on demand made by a peace officer produce the permit issued for that truck.

Delegation of authority to issue permits.

285(4)

The transport board may authorize any person engaged in the business of leasing or renting drive yourself trucks to issue, for and on behalf of the transport board, permits under this section in accordance with rules and directives prescribed by the board.

Applicant to furnish information.

285(5)

An application for a permit under subsection (1) shall be made on a form prescribed by the transport board, and the applicant shall furnish to the board the following information:

(a) The purpose for which the truck is proposed to be leased or rented.

(b) The contractual arrangements, if any, between the lessee and lessor.

(c) The nature and ownership of goods or property to be transported together with the point of origin and destination of the goods or property to be transported.

(d) The period for which the truck will be leased or rented.

(e) Where the driver of the truck will be a person other than the lessee, the name of the driver and the name of the person by whom the driver is employed.

Transport board may refuse to grant permit.

285(6)

The transport board may deny any application for permit made under this section if it is satisfied that it is not in the interest of the public.

Offence and penalty.

285(7)

Every person who contravenes or fails to comply with any provision of this section is guilty of an offence and liable, on summary conviction to a fine of not less than $100.00 or more than $500.00 or to imprisonment for a term not exceeding 60 days.

Registration of commercial trucks and p.s.v. trucks.

286

The owner of a commercial truck or of a public service vehicle that is a truck, upon complying with the requirements of the registrar and paying the prescribed fee for that purpose may have the vehicle registered as a truck or a farm truck.

Suspension of permit or certificate etc., of registration.

287

Where the permit of a commercial truck is suspended, revoked, or cancelled, or the certificate of a public service vehicle is suspended, revoked, or cancelled, the registration of the truck or vehicle under section 5 is, ipso facto, suspended, revoked, or cancelled as the case may be.

Exemption from holding certificate on conditions.

288(1)

The transport board may make an order exempting any person operating a motor vehicle that is a public service vehicle within the meaning of this Act, from the necessity of holding a certificate and filing a liability insurance policy or bond with the board, upon such terms and conditions as to it may seem meet.

Revocation, etc., of exemption.

288(2)

The transport board may suspend, revoke, or cancel any exemption granted.

Non-resident motor carrier licences, etc.

288(3)

Where a motor carrier who resides or has a place of business in another province or a state has registered in that province or state, a motor vehicle owned by him as a public service vehicle or commercial truck, or in the classification that, in that province or state, is equivalent thereto, the transport board may, subject to subsection (4), issue a certificate or licence, as the case may be, to the motor carrier in respect of that motor vehicle, without fee or on payment of such fee as may be fixed by the transport board, not exceeding the maximum fee payable by a person operating a public service vehicle or a commercial truck and residing and carrying on business in the province.

Requirements for validity of certificate or licence.

288(4)

A certificate or licence shall not be issued under subsection (3), or if issued has no validity or effect, unless

(a) the laws of the other province or state in which the motor vehicle is registered grant to a motor carrier who resides, or who has a place of business, in Manitoba and has registered in Manitoba a motor vehicle owned by him as a public service vehicle or commercial truck, privileges in respect of that motor vehicle similar to those that may be granted under subsection (1); and

(b) the motor vehicle is constructed, equipped, and operated, in compliance with Part III.

Definition of "province or state".

288(5)

In subsections (3) and (4) the expression "province or state" includes any province or territory of Canada and any state or territory of the United States and the District of Columbia in the United States.

Designating commodities.

289(1)

The transport board may, after a public hearing, by order designate a commodity as a commodity for the transportation of which a certificate may be issued to an applicant who is otherwise qualified, without further findings under subsection 290(2).

Certificates for designated commodities.

289(2)

The transport board may authorize the issue by the registrar of a certificate for the transportation of a designated class of commodities or specified designated commodities.

Applications for certificates.

290(1)

Application for a certificate shall be made to the transport board in such form, containing such information, setting forth such facts, and in such manner, as the board may require; and the applicant shall, before the certificate is issued, pay to the registrar the fee prescribed.

Issue of certificates for operation of p.s.v.'s.

290(2)

Where the transport board finds, from the evidence and its consideration of the matter, that the existing facilities for transportation are insufficient, or that public convenience will be promoted by the establishment or continuance from year to year of the proposed transportation service, or a part thereof, the board may grant a certificate to the applicant allowing the operation of public service vehicles under this Part on the route or routes determined by it when set out in the certificate.

Conditions attached to certificates.

290(3)

A certificate may be conditioned for

(a) the observance of this Act;

(b) the maintenance of the vehicle in adequate condition of fitness;

(c) the payment of moneys owing by the motor carrier in respect of damages or claims by persons carried, or for whom property is transported by him; and

(d) the observance of such other conditions as may be prescribed by the transport board;

or a certificate may be issued for a limited time or a designated purpose.

Details of certificate as to passengers and weight.

290(4)

The certificate shall fix the number of passengers which the public service vehicle may carry or specify the gross weight of the vehicle as the case may be; and no such vehicle shall at any time carry more passengers than the number so fixed, or be operated when the gross weight thereof is in excess of that so specified.

Period for which certificate valid.

290(5)

Every such certificate as approved by the transport board shall be issued by the registrar, and, subject to being cancelled or revoked as in this Part provided, is operative and continues in force, if renewed from time to time, as hereinafter provided.

Termination of validity for non-user.

290(6)

Unless exercised within a period of thirty days from the issuance thereof, or within such further period as the transport board may on application allow, the authority conferred by a certificate terminates and the certificate shall be deemed to be cancelled.

Certificate not to create monopoly rights.

290(7)

A certificate conferring rights for the operation of a public service vehicle does not preclude the granting of a certificate for the operation of any similar vehicle on the same highway or portion thereof where it appears to the transport board to be necessary in the public interest to grant such a further certificate to enable passengers or property to be carried.

Offence and penalty.

290(8)

Every person who contravenes or fails to comply with any provision of this section is guilty of an offence and liable, on summary conviction (a) for a first offence, to a fine of not less than $25.00 or more than $100.00;

(b) for a second offence, to a fine of not less than $50.00 or more than $200.00; and

(c) for a third or subsequent offence, to a fine of not less than $100.00 or more than $500.00;

and in addition his certificate, if any, may be suspended for any period not exceeding six months, and he is also liable to imprisonment for a term not exceeding sixty days.

Tolls and charges in respect of p.s.v.'s.

291(1)

No tolls or charges shall be charged in respect of a public service vehicle unless a tariff of tolls has been filed with, and approved by, the transport board; nor shall any tolls be charged under any tariff or portion thereof disallowed by the transport board; nor shall any person charge, levy, or collect any tolls for any service as a motor carrier except under this Part.

Idem

291(2)

A tariff of tolls that has been approved by the transport board may be revised by the board at any time; and thereafter no tolls shall be charged except in accordance with the tariff so revised.

Standard tariffs to govern.

291(3)

Where the transport board establishes a standard tariff of tolls, that tariff shall, with respect to a motor carrier, be deemed to be the tariff of tolls filed by him and approved by the transport board.

False statements to obtain lower charges.

292(1)

No person by himself, his servant, or agent shall, by false billing, false classification, false weighing, false representation of the contents of a package, or by false report of weight, or by any other means or device, whether with or without consent or connivance of the carrier, his servant, or agent, obtain or attempt to obtain transportation of goods at less than the tolls authorized with respect thereto.

False statements by motor carrier prohibited.

292(2)

No motor carrier by himself, his servant or agent shall, by false billing, false classification, false weighing, false representation of the contents of a package, or by false report of weight, or by any other means or device, or otherwise, transport or attempt to transport goods at less than the tolls authorized with respect thereto.

Opening of packages.

292(3)

The motor carrier and any inspector may open and examine any package, box, case, or shipment, for the purpose of ascertaining whether this section is being violated.

Capitalization or sale of rights prohibited.

293(1)

No right, privilege, or certificate held under or obtained under this Part shall be capitalized; and it shall not be sold, assigned, leased or transferred, except with the approval of the transport board had and obtained in writing.

Revision of tariffs.

293(2)

Where a motor carrier holding a certificate sells, transfers, or assigns his business rights and assets, he may transfer the certificate to the purchaser with the approval of the transport board endorsed on the certificate; and the certificate so endorsed is as effective as though originally issued to the purchaser.

Through services after consolidation.

293(3)

Where there is a consolidation of certificates by reason of such a purchase, and if a through service will be beneficial to the public, the transport board may authorize such a through service.

Application for renewal of motor carrier certificate.

294(1)

On or before the last day of February in each year, or within such further period as the transport board allows, every motor carrier, operating under a certificate and desiring to operate in the ensuing registration year, shall make application to the registrar for a certificate to continue to operate in that registration year and a motor vehicle liability insurance card issued under The Manitoba Public Insurance Corporation Act or the regulations made thereunder.

Refusal of renewal.

294(2)

The certificate may be given unless the transport board, after hearing parties interested, has reason to be dissatisfied with the service that has been rendered by the motor carrier.

Insurance required for motor carrier.

295(1)

No certificate shall be issued by the registrar to a motor carrier unless the motor carrier has filed with the transport board, and maintains during the currency of the certificate

(a) subject to subsection (3), a liability insurance policy or bond, satisfactory to the transport board, or an insurer authorized to carry on business in the province, in such amount as the board deems necessary, or as is prescribed under the regulations, to protect his passengers, consignors and public, due regard being had to the number of persons and the amount and value of property carried or that might be carried; and

(b) fidelity insurance covering legal liability for moneys collected for consignors.

Insurance for residents.

295(2)

Where a certificate is issued under this Part to a motor carrier who is resident of the province, the motor carrier shall be conclusively deemed to be insured under a motor vehicle liability insurance policy issued under The Manitoba Public Insurance Corporation Act or the regulations made thereunder, and the insurance shall be deemed to continue during the period that the certificate is valid and subsisting.

Liability of insurer or obligor.

295(3)

A liability insurance policy or bond issued under clause (1)(a) binds the insurer or obligor thereunder to make compensation for loss or damages for the death of, or bodily injury to, persons and for loss of, or damage to, property, including property carried in or on the vehicle, resulting from the business and operation by a motor carrier of a public service vehicle.

Where insurance or bond in another jurisdiction acceptable.

295(4)

Where a motor carrier who operates a public service vehicle inter-provincially or internationally files with the transport board evidence that a policy of insurance, or bond, in an amount required under this Act, and otherwise complying with clause (1) (a) and with subsection (3) has been deposited with the proper authority in another province or state for the purpose of insuring against loss, including loss arising by reason of the operation of the public service vehicle in Manitoba, the board may relieve the motor carrier from compliance with clause (1) (a) and subsection (3); but the motor carrier shall pay to the transport board an insurance premium prescribed under The Manitoba Public Insurance Corporation Act and the regulations made thereunder.

Where evidence not provided.

295(5)

Where a motor carrier operates a public service vehicle inter-provincially or internationally and he has not filed with the transport board the evidence mentioned in subsection (4), the motor carrier shall pay to the transport board the proper proportion of the insurance premium the carrier would otherwise be liable to pay under The Manitoba Public Insurance Corporation Act and the regulations made thereunder in respect of the public service vehicle.

Notice of cancellation of policy required.

296

Where an insurer proposes to cancel an insurance policy or bond that has been filed with the transport board, the insurer shall give the board at least ten days' notice thereof.

Duties of inspectors.

297(1)

Each inspector appointed for the purposes of this Part under section 4 of The Highways Department Act shall enforce this Part, take all necessary measures to see that the operation of public service vehicles is in compliance with this Part and the regulations, and shall perform such other duties as the transport board may from time to time require.

Inspection by inspector or peace officer.

297(2)

A peace officer or inspector may enter any place where public service vehicles or commercial trucks are kept, stored, or repaired and inspect any such vehicle found therein.

Authority to order out of use unsafe vehicles.

297(3)

Any public service vehicle or commercial truck may be ordered out of service by a peace officer or inspector if it is found unsafe for use on the highway, or if it does not comply in all respects with this Act or the regulations; and any such vehicle after being so ordered out of service shall not be driven on the highway until it has been inspected and approved by an inspector.

Inspection on highway.

297(4)

The peace officer or inspector may, on a highway at any time, inspect any motor vehicle and the load being carried by it for the purpose of ascertaining whether the motor vehicle is being operated as a public service vehicle or a commercial truck; and the driver of the motor vehicle shall render such reasonable assistance, and give such reasonable information, as the peace officer or the inspector may require.

Certificate, licence, cab card, or permit carried by driver.

298

The driver of a public service vehicle or commercial truck, while the vehicle is being driven upon the highway, shall have the certificate, licence, cab card issued pursuant to an agreement under subsection 13(5), or permit, in his possession, and shall exhibit it to a peace officer or inspector upon request to do so.

Abandonment of service prohibited.

299(1)

No motor carrier operating under a certificate shall abandon or discontinue any service established under this Part without the authority of the transport board therefor.

Termination of certificate on abandonment of a service.

299(2)

If a motor carrier abandons or discontinues, in whole or in part, any service established by virtue of a certificate, without the authority of the transport board therefor, the abandonment or discontinuance terminates the certificate.

Suspension or revocation of certificate.

300(1)

The transport board may, for cause, suspend, and after at least ten days' notice to the holder of a certificate and the granting to him of an opportunity to be heard, revoke, alter, or amend a certificate issued under this Part, and the board shall give notice to the registrar of any order or ruling made under this section.

Failure to comply with conditions.

300(2)

Failure to observe or comply with a condition to which a certificate is subject is a cause for which the certificate may be suspended, revoked, altered, or amended as provided in subsection (1); but nothing in this subsection restricts the generality of subsection (1).

Suspension of right to use highway.

300(3)

Where a motor carrier operates a public service vehicle without holding a certificate therefor, the transport board, after notifying him to cease operating it until the certificate has been issued, may, by order, suspend his authority to use the highways for a period not exceeding thirty days at one time, and direct the removal of the number plates of the vehicle during that period; and a peace officer may thereupon remove the registration plates.

Revocation of certificate for failure to provide service.

300(4)

Upon the finding of the transport board that a motor carrier does not give convenient, efficient, and sufficient, service in the opinion of the board, the motor carrier shall be given a reasonable time, being not less than ten days, to provide the service before any existing certificate is cancelled or revoked, or a certificate is granted to another motor carrier for the operation of public service vehicles over the same route.

Removal of number plates on revocation of certificate.

300(5)

Where the transport board suspends or cancels a certificate, the registrar may direct the removal, and a peace officer may remove, from the vehicle covered by the certificate, the number plates issued by the registrar and the certificate.

Storage of motor vehicle.

300(6)

Where the registrar directs the removal of the number plates and certificates, the peace officer removing them may detain the motor vehicle and store it in a suitable place; and all costs and charges for the care, towing, or storage thereof are a lien upon the motor vehicle and may be enforced in the manner provided in The Garage Keepers Act.

Fees for certificates.

301(1)

Every applicant for a certificate to operate a public service vehicle or a licence to operate a commercial truck, and for the registration of each such motor vehicle, or for the renewal of such certificate, licence or registration, for a registration year or a part thereof, shall pay to the registrar the fees prescribed with respect to the class of vehicle affected and the insurance premium prescribed under The Manitoba Public Insurance Corporation Act and the regulations made thereunder; but, where the application is made during the last quarter of any registration year in respect of a vehicle for which a fee is prescribed, and the vehicle has not been previously registered for any quarter of that registration year, the fee payable therefor shall be the fee set out in the regulations.

Annual statement of motor carriers.

301(2)

Every motor carrier shall, on or before the last day of February in each year, file with the secretary of the transport board a statement, on a form furnished by the board and duly certified by the motor carrier as to its correctness, containing such information, including a statement of gross and net earnings, as may be prescribed in the form, respecting the operation of the motor carrier during the last preceding year.

Failure to comply with subsec. (2).

301(3)

Where a motor carrier fails, refuses or neglects to comply with subsection (2) within the time prescribed by the transport board, the board may refuse to authorize the issue of a new certificate or the renewal thereof by the registrar until the motor carrier complies with that subsection to the satisfaction of the board.

Designation of p.s.v. routes in municipalities.

302(1)

The council of any municipality through which a public service vehicle is authorized to operate by virtue of a certificate issued under this Part may, with the approval of the transport board, designate, by by-law, the streets within the municipality over which the motor carrier holding the certificate may operate his public service vehicle; but, subject to the foregoing, a motor carrier operating under a certificate may operate his public service vehicle in and through any municipality covered by the certificate without holding a licence or permit under any by-law of that municipality, except where he takes on passengers or property within the limits of an urban municipality and discharges them, or some of them, or the property or a portion thereof, within the limits of that municipality.

Effect of subsec. (1).

302(2)

Subsection (1) has effect, notwithstanding any provision of The Municipal Act or a city charter or other special Act to the contrary.

No municipal fees.

302(3)

Subject to subsection (1), notwithstanding any provision of The City of Winnipeg Act, no city, town, village, or rural municipality shall impose any fee or charge on a motor carrier operating under this Part.

Indication of truck routes.

302(4)

The council of the municipality shall cause the streets designated in a by-law passed under subsection (1) to be indicated or made known to drivers by traffic control devices adequate for the purpose; and where a street is so indicated or made known every driver shall comply with the by-law.

Markings, etc., required by board to be displayed.

303(1)

Every motor carrier shall attach to the sides of the public service vehicle operated by him under a certificate, in such manner as to be plainly visible, any distinctive mark or sign the transport board may require; and no motor carrier shall operate or have under his control or in his charge any public service vehicle on any highway unless such a distinctive marking or sign is attached thereto.

Board remains owner of markings, etc.

303(2)

Any distinctive mark or sign issued by the transport board remains the property of the transport board; and it may be removed from the public service vehicle to which it is attached by a peace officer, on advice in writing from the board that the certificate to operate the vehicle has been suspended or revoked.

Condition of p.s.v.'s.

304

Every public service vehicle shall be maintained in a safe and sanitary condition at all times, and shall be at all times subject to the inspection of the transport board, and its duly authorized representatives, and of peace officers or officers of the department.

Fire extinguishers on passenger p.s.v.'s.

305

Every public service vehicle for passenger transportation shall be equipped with a fire extinguisher which shall be of a kind approved by the transport board; and the extinguisher shall be kept in a satisfactory operating condition at all time.

Requirements for p.s.v. drivers.

306

The driver of each public service vehicle shall

(a) be at least eighteen years of age;

(b) be of good moral character;

(c) hold a licence of a class prescribed in the regulations authorizing him to operate a motor vehicle of a class which he is driving or proposes to drive, or, where he is not a resident of Manitoba, hold a licence issued by the competent authority of the province, state or territory of Canada or United States of which he is a resident authorizing him to drive a motor vehicle of the class which he is driving or proposes to drive; and

(d) meet the medical standards prescribed under the regulations in respect of the class of licence he is required to hold under clause (c);

and, where he is not a resident of Manitoba, he shall comply with the requirements of the province, territory or state of Canada or the United States of which he is a resident and with the provisions and requirements of this Act.

Obligation of passenger p.s.v.'s to carry passengers.

307

No driver or operator of a public service vehicle for passenger transportation shall refuse to carry any person offering himself at any regular stopping place for carriage, and who tenders the regular fare to any regular stopping place on the route of the vehicle or between the termini thereof, unless at the time of the offer the seats of the vehicle are fully occupied; but the driver or operator of a public service vehicle may refuse transportation to any person who is in an intoxicated condition or conducting himself in a boisterous or disorderly manner or is using profane or obscene language.

Carriage of passengers in trucks.

308(1)

No person shall carry any passenger in a truck that is a public service vehicle or a commercial truck, except where the conveyance is of

(a) employees of the owner of the truck whose assistance is necessary in loading or unloading the truck; or

(b) employees of any person who has hired the truck; or

(c) the owner or members of the family of the owner of the truck, or of the owner, or employees of the owner, of any livestock being transported in the truck;

unless permitted to do so by a chief constable of The City of Winnipeg where the owner resides in The City of Winnipeg, or by a member of the Royal Canadian Mounted Police Force where the owner does not reside in The City of Winnipeg.

Definition of "employees of the owner of the truck".

308(2)

In this section "employees of the owner of the truck" means

(a) in the case of public service vehicles, persons in the regular employ of the registered owner and who are registered with the transport board as drivers; and

(b) in the case of commercial trucks, persons in the regular employ of the registered owner and who are the holders of chauffeurs' licences.

Passengers allowed on seats only.

309(1)

No driver or operator of a public service vehicle for passenger transportation shall allow passengers to ride on the running-boards, fenders, or any part of the vehicle other than the seats thereof.

Restriction as to front seat passengers.

309(2)

No driver or operator of a public service vehicle for passenger transportation shall permit or allow on the front seat of the vehicle more passengers than the seat is designed to carry, exclusive of the driver, or permit or allow any passenger to occupy any other portion of the vehicle forward of the back of the driver's seat.

Sitting on left of driver in left-hand drive prohibited.

309(3)

No passenger shall be allowed to sit on the front seat to the left of the driver in a left-hand drive public service vehicle, or to the right of the driver in a right-hand drive public service vehicle.

Limit on number of persons in front seat of p.s.v.'s.

309(4)

No more than three persons shall occupy the front seat of any public service vehicle or commercial truck.

Emergency exit.

309(5)

Unless the regulations otherwise provide, every public service vehicle for passenger transportation shall have in addition to the regular passenger exit another exit at the rear or upon the opposite side, for use in cases of emergency.

Attachment of trailers to passenger p.s.v.'s prohibited.

310(1)

Except where specially authorized by the transport board, no public service vehicle for passenger transportation shall be operated or driven with any trailer or other vehicle attached thereto, except where a vehicle becomes disabled while on a trip and is unable to run under its own power, in which case the disabled vehicle may be towed to the nearest point where repair facilities are available.

Towing of passenger p.s.v.'s.

310(2)

No public service vehicle for passenger transportation shall, under any circumstances, be towed at a greater rate of speed than 30 kilometres an hour, or towed at all unless its brakes are in proper working order.

Restriction re carriage of baggage.

311

A public service vehicle for passenger transportation shall not carry or transport any luggage, baggage, package, trunk, crate, or other load that extends beyond the outside limits of the vehicle, except that it may be carried on the roof thereof.

Permit for solicitation of passenger traffic.

312(1)

No person other than the holder of a public service vehicle certificate shall, without a special permit for the purpose issued by the transport board, by advertising or otherwise, solicit the transportation of passengers or property where the transportation is to be upon the highways outside of a city, town, or village.

Sale of tickets, etc., by holders of certificates only.

312(2)

No person not the holder of such a certificate shall operate a travel bureau or place for soliciting or advertising, or for the sale of tickets for the transportation of persons on highways outside of a city, town, or village, without a special permit for the purpose issued by the transport board.

Bill of lading, etc.

313(1)

Every person owning or operating a public service vehicle for the transportation of property shall use a bill of lading in the prescribed form, or such other document as may be approved by the transport board for the purpose; and any peace officer may require the driver of the vehicle to produce for his inspection the bill of lading or other document.

Contents of bill of lading re cattle.

313(2)

In case a bill of lading or other document relates to cattle, it shall contain a note of any brands, tags, or other distinguishing marks on the cattle to which the bill or other document relates.

Number of p.s.v. certificate or permit to be shown.

314(1)

Subject to section 5, every public service vehicle or commercial truck shall, while being operated on the highway, have attached thereto, and exposed in a conspicuous position on the front and rear of the vehicle, a plate issued by the registrar or the transport board showing, in plain figures, the number of the public service vehicle certificate or commercial truck permit issued for the current year.

Signs on p.s.v.'s and c.t.'s.

314(2)

In addition every such vehicle shall have painted thereon, on each side of the vehicle, in a conspicuous place and manner, a sign showing the name and address of the registered owner.

Size and colour of lettering.

314(3)

The sign required under subsection (2) shall have letters and figures that are not less than 50 millimetres in height and width and that are of a colour contrasting with the background on which they are painted; and the sign shall be easily legible.

Semi-trailer trucks.

314(4)

In the case of a semi-trailer truck, the signs required under subsection (2) shall be painted on both the truck tractor portion and the semitrailer portion thereof.

Action for unpaid charges.

315(1)

When the person liable therefor refuses or neglects to pay to any operator of a public service vehicle, on demand, any lawful tolls or charges, or any part thereof, the tolls or charges may be recovered from him in any court of competent jurisdiction.

Seizure of goods for unpaid charges.

315(2)

The operator of a public service vehicle may, instead of proceeding as aforesaid for the recovery of the tolls or charges, seize the goods for, or in respect whereof, the tolls or charges are payable; and he may detain the goods until payment thereof, and in the meantime the goods are at the risk of the owners thereof.

Sale of goods seized.

315(3)

Where the tolls or charges on live animals, or goods liable to deteriorate or perish while in the possession of the operator of the vehicle, are not paid forthwith on demand, or where the tolls or charges on other goods are not paid within four weeks after demand, the operator may, without further notice to the consignor or owner, advertise and sell the whole or any part of the goods and, out of the moneys realized from the sale, retain the tolls or charges payable and all reasonable charges and expenses of the seizure, detention, advertisement, and sale.

Disposal of surplus from sale.

315(4)

The operator shall pay or deliver the surplus, if any, or such of the goods as remain unsold, to the person entitled, and may recover the deficiency, if any, by action in any court of competent jurisdiction.

Offence and penalty.

316

Any person who

(a) drives a public service vehicle without holding a valid and subsisting licence as required under section 306; or

(b) operates a public service vehicle without holding a certificate therefor;

is guilty of an offence and is liable, on summary conviction, to a fine of not less than $200.00 or more than $1,000.00.

Violation of Act or certificate by holder or employee an offence.

317

The holder of a certificate issued by the transport board under this Part who, or whose employee,

(a) in connection with the operation of the vehicle, violates any provision of this Act; or

(b) either in connection with the operation of the vehicle or otherwise, violates any condition of the certificate;

is guilty of an offence and, in addition to any other penalty to which he may be liable, and whether or not the transport board cancels or suspends the certificate because of the violation, is liable, on summary conviction, to a fine of not more than $2,000.00.

Licence from transport board for commercial truck.

318(1)

The owner of a commercial truck, before causing it to be driven upon a highway in any year, shall, in addition to registering it, obtain a licence from the registrar authorizing its operation as a commercial truck.

Form of licence and application.

318(2)

The form of the licence and application therefor shall be prescribed by the registrar and the application shall contain information verified by affidavit, relating to the nature of the proposed operations of the vehicle.

Fees and insurance premium.

318(3)

An applicant for a licence to operate a commercial truck or commercial trailer shall pay

(a) the prescribed fees, which may vary for different classes of commercial trucks; and

(b) the insurance premium prescribed in respect thereof under The Manitoba Public Insurance Corporation Act and the regulations made thereunder.

Licence to specify gross weight.

318(4)

The licence shall specify the gross weight of the commercial truck; and the truck shall not be operated when the weight is in excess of that specified in the licence.

Driver to carry licence.

318(5)

While the vehicle is being driven upon a highway, the licence shall be in the possession of its driver or carried in the vehicle, and is subject to inspection by a peace officer.

No operation without licence.

318(6)

No person shall operate, or cause to be operated, a commercial truck upon a highway without having first obtained the licence required by this section; and no person shall operate, or cause to be operated, a commercial truck upon a highway during the period his licence is suspended, cancelled, or revoked.

Exemption.

318(7)

The transport board may, in its discretion, exempt or partially exempt a vehicle from the application of this section.

Temporary commercial truck permit.

318(8)

Notwithstanding any other provision of the Act, the motor transport board may authorize the registrar to issue a temporary commercial truck permit in respect of

(a) a truck owned by a non-resident which is being used in the province for commercial purposes and which has been properly registered for the current registration year by the jurisdiction of which the owner is a resident; or

(b) a truck owned by a resident which is being used for commercial purposes and has been registered under section 5 for the current registration year.

Information to be furnished.

318(9)

The applicant for a temporary commercial truck permit under subsection (8), shall furnish to the registrar such information as may be required by the motor transport board and pay such fees for the permit as may be prescribed in the regulations and such insurance premiums therefor as may be prescribed under The Manitoba Insurance Corporation Act and regulations made thereunder.

Period of validity of permit.

318(10)

The temporary commercial truck permit issued shall be valid for such period as is stated thereon and shall be affixed to the lower right hand corner of the windshield of the truck and is valid only if the truck is also displaying number plates issued under section 5, or, in the case of a truck owned by a nonresident, the number plates issued for that truck by the jurisdiction of which the owner is a resident.

Where no insurance payable.

318(11)

Upon production by a non-resident of a valid and subsisting insurance policy in the amount prescribed by section 160 of the Act, covering the truck in respect of which application for a temporary commercial truck permit is being made, and if the insurance policy is not due to expire before expiry of the period during which the temporary commercial truck permit would be valid, no insurance premium is payable by the non-resident.

Suspension and cancellation of licence.

318(12)

The transport board may, for cause, suspend and, after at least ten days' notice to the licensee and after giving him an opportunity to be heard, revoke or cancel his licence; and where the suspension, cancellation, or revocation of a licence is ordered, the board may direct the removal of the number plates and licence from the vehicle, and a peace officer may thereupon remove them.

Detention of motor vehicle.

318(13)

Where the transport board directs the removal of the number plates and licence, the peace officer removing them may detain the motor vehicle and store it in a suitable place; and all the costs and charges for the care, towing, and storage thereof are a lien upon the motor vehicle which may be enforced in the manner provided in The Garage Keepers Act.

Permit to drive dealer's commercial truck or p.s.v.

318(14)

Unless he has obtained from the transport board a permit for the purpose and paid therefor the fee prescribed, no person shall use or drive, or cause, authorize, or permit to be driven, on a highway a commercial truck or public service vehicle that is a dealer's motor vehicle for the purpose of transporting merchandise or other goods and chattels.

Offence and penalty.

318(15)

A person who violates any provision of this section is guilty of an offence and is liable, on summary conviction, for the first offence to a fine of not less than $25.00 and not more than $50.00, and, for the second offence, to a fine of not less than $50.00 and not more than $100.00, and in addition his licence, if any, may be suspended for any period not exceeding thirty days; and for any subsequent offence he is liable to a fine of not less than $100.00 and not more than $200.00, and in addition his licence, if any, may be suspended for any period not exceeding six months, and he is also liable to imprisonment for any term not exceeding sixty days.

PART IX

REGULATIONS AND ORDERS

Regulations.

319(1)

For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make such regulations, not inconsistent with any other provision of this Act,

(a) prescribing forms and the contents thereof to be used under this Act;

(b) prescribing the fees payable in respect of any matter in connection with which a fee is authorized or required to be paid and in respect of any request for a search to be made of records maintained by the registrar or the transport board, or for furnishing particulars of vehicles or any class of drivers' licences, or for furnishing abstracts of driving records of drivers and owners, but not in any case where the relevant fee is set out in the regulations or elsewhere herein;

(c) fixing the times at which, and the persons to whom, returns shall be made, except where provisions to that effect is specifically made herein;

(d) prescribing the design and position of lamps and reflectors used on vehicles, and any other requirements and standards with respect to those lamps and reflectors with regard to which no specific provision is herein made;

(e) prohibiting, controlling, or regulating the transportation or carrying in a vehicle on highways in the whole or any specified part of the province, of gasoline, fuel oil, other liquid material that is inflammable or explosive, radio-active material, or other material or things that is or are, or may be, dangerous;

(f) prescribing the equipment that shall be used on a vehicle that is carrying any material or thing mentioned in clause (e) on the highways in the whole or any specified part of the province;

(g) generally regulating or prescribing the manner in which any material or things mentioned in clause (e) shall be carried in vehicles on highways in the whole or any specified part of the province, or fixing the conditions or restrictions under which any such material or things may be so carried;

(h) prescribing any equipment and the type and use thereof on motor vehicles;

(i) notwithstanding anything in this Act, but subject to subsection (2), authorizing the issue of interim registrations of motor vehicles, interim certificates of public service vehicles, and interim licences of commercial trucks, or any one or more of them, for the period from the first day of March to the fifteenth day of May, both days inclusive, in any year, and prescribing the fees payable with respect thereto, and the terms and conditions upon which they may be issued and under which motor vehicles so registered or public service vehicles or commercial trucks so authorized, as the case may be, may be operated;

(j) providing for transit permits and temporary licences for any period not exceeding two months;

(k) prescribing the information to be shown in records required to be kept by dealers and wreckers;

(l) prescribing the information to be given in returns to be made by dealers and wreckers;

(m) prescribing the information that must be included in returns made, as required herein, by persons engaged in the business of renting motor vehicles;

(n) fixing the tolerances allowable in the gross weight of public service vehicles, commercial trucks, and trucks for the purposes of subsection 254(2);

(o) specifying powers and duties to be exercised and discharged by the registrar for the proper administration and enforcement of this Act;

(p) prescribing the charges that may be made by the owner, operator, manager, or other person in charge, of a garage or storage place for the storage of a motor vehicle impounded and placed in storage under this Act; and, if deemed advisable, providing that those charges may vary, as specified in the regulations, in different parts of the province;

(q) prescribing the kinds or types of partitions that must be used to separate different kinds, classes, types, or sizes, of livestock being carried in or upon a truck;

(r) prescribing that vehicles travelling in a particular direction stated in the regulations on any highway, or part of a highway, in unorganized territory designated in the regulations, shall yield the right of way to vehicles travelling in the opposite direction; or prescribing the types and kinds of vehicles that, on any such highway or part of a highway, shall have the right-of-way over other vehicles;

(s) prescribing the tests or examinations that any applicant for a licence of any class or for a permit, or persons who are required by the Act or the registrar to undergo, must pass, or prescribing vision and medical standards applicants for, or holders of, any specified class of licence or permit must meet;

(t) designating any highway or portion thereof as a highway or portion of a highway upon which no person shall drive a motor vehicle at a rate of speed greater than 50 kilometres per hour;

(u) providing for the licensing of, and prescribing the requirements, rules, and conditions that must be observed by, the owners of motor vehicles operated in connection with schools for the instruction of persons in the proper methods of operating motor vehicles;

(v) providing for the issue by the registrar of permits for instruction, and for schools for the instruction, of persons in the proper methods of operating motor vehicles of one or more classes and prescribing qualifications of, and examination for, applicants for such permits;

(w) providing for restrictions on the areas or streets within or on which persons may be instructed in the proper methods of operating motor vehicles;

(x) governing the conduct of the business of dealing in, renting, storing, or wrecking motor vehicles, or of the garage business;

(y) governing

(i) the width of the wheels of tractors, and the use of cleats, spikes, and other protuberances thereon, and the rate of speed of tractors driven on a highway, and

(ii) the size and nature of tires to be used on vehicles other than motor vehicles and trailers;

(z) governing

(i) the dimensions of trailers, and

(ii) the type and construction of trailers;

(aa) prescribing reports to be made respecting motor vehicles or trailers of non-residents;

(bb) limiting the gross weight of any vehicle or class of vehicles, the gross weight of any axle of any vehicle or class of vehicles, and the gross weight for each 10 millimetres of the width of tire of any vehicle or class of vehicles that may be driven over or on any highway or any portion thereof;

(cc) limiting the rate of speed at which any vehicle or class of vehicles may be driven over or on any bridge, causeway, or viaduct;

(dd) prescribing the days and hours within which any vehicle or class of vehicles may not be operated on any highway or any portion thereof;

(ee) prohibiting at certain times, or at all times, the operation of any vehicle or class of vehicles upon any specified highway or any portion thereof;

(ff) classifying any highway as a class A highway, class B highway, or class C highway;

(gg) designating areas of the province for the purposes of section 327, and to which that section applies;

(hh) fixing the periods in each year during which vehicles are required to be inspected as provided in subsection 327(2);

(ii) prescribing the period during which a certificate of approval is valid;

(jj) prescribing the parts of vehicles required to be inspected as provided in section 327;

(kk) authorizing the use on a traffic offence notice of any word, expression, or abbreviation, to designate an offence under this Act or under a regulation or by-law made or passed under the authority of this Act regulating traffic;

(ll) respecting any matter deemed necessary to provide for the use of traffic offence notices;

(mm) without restricting the generality of any other provision of this subsection, but subject to subsection (2), prescribing the standards to which

(i) lamps and other lighting equipment or reflectors,

(ii) brakes and brake fluids,

(iii) tires and rims,

(iv) horns and other warning devices,

(v) trailer hitches and safety chains,

(vi) bumpers,

(vii) recreational trailers, house trailers and school buses,

(viii) mufflers and other exhaust systems,

(ix) windshield wipers and washers,

(x) safety glass or safety glazing material,

(xi) seat belts and other passenger restraint devices,

(xii) equipment designed to convert snowmobiles to travel upon wheels,

(xiii) vehicles designed and intended for off-highway use,

(xiv) splashguards for various types and classes of vehicles,

(xv) mirrors,

(xvi) frost shields,

(xvii) studs for pneumatic tires,

(xviii) any other equipment on or for a motor vehicle or trailer, and

(xix) air brake systems for motor vehicles;

shall conform and by regulating or prohibiting the sale or use of any such equipment, device, vehicle or substance that does not meet the requirements of any such standard;

(nn) prescribing the lights and other traffic control devices, and the lines or other markings on the surface of roadways, required to designate a pedestrian corridor;

(oo) prescribing warning devices that are to be carried by school buses;

(pp) prescribing the amount of the liability insurance policy or bond to be furnished to the transport board by a motor carrier before a certificate is issued to him under Part VIII;

(qq) prescribing diseases and disabilities that are a bar to a person suffering therefrom holding a class of driver's licence and to such a person being permitted to take an examination for such a licence;

(rr) respecting the registration of, and the driving upon the highway of, driveaway units and the motor vehicles or trailers, comprised therein, and the issuing of number plates therefor;

(ss) respecting the qualifications of applicants for permits for salesmen, the bonding of salesmen, and the conduct of salesmen;

(tt) approving types of portable scales for determining the gross weight transferred to the roadway through any point or points of contact of a vehicle with the road;

(uu) prescribing diseases and disabilities that make a person suffering therefrom ineligible to obtain or to hold a licence of a designated class;

(w) prescribing classes of licence required to operate a specified class or type of motor vehicle or more than one class or type of motor vehicle and prescribing fees for examinations for various classes of licences;

(ww) prescribing standards for school buses and equipment thereon;

(xx) prescribing the manner of and the position for affixing of validation stickers to number plates;

(yy) prescribing standards for motorcycles which may be registered under this Act and, without limiting the generality of the foregoing, prescribing minimum heights, minimum speed capabilities and required equipment for motorcycles which may be registered under this Act;

(zz) designating remote communities which are not connected with the provincial highway system for the purpose of a reduced registration fee;

(aaa) fixing the amount to be paid to the boards of trustees of school districts, school areas and school divisions, or to the board of directors or managers of other organizations for the purpose of assisting in the training of school pupils and others in the safe and proper method of operating a motor vehicle on highways;

(bbb) prescribing standards for bicycles operated on highways, and without limiting the generality of the foregoing, prescribing required equipment to which bicycles and their equipment shall conform, and regulating or prohibiting the sale or use of any such equipment, device, bicycle or substance that does not meet the prescribed standard;

(ccc) prescribing times within when persons are prohibited from operating bicycles on any highway or portion thereof and specifying highways or parts thereof on which the operation of bicycles is prohibited at all times;

(ddd) prescribing the equipment that is required by a tow truck, respecting the classification of tow trucks by size of load which they are equipped to tow, respecting the inspection of tow trucks and their equipment prescribing minimum insurance to be carried by tow trucks according to their classification, and prescribing rules governing the operation of tow trucks at the scene of an accident;

(eee) prescribing the fees payable in respect of any matter in connection with which a fee is authorized or required to be paid in respect to licensing of drivers, replacement of drivers licences, motor vehicle inspector's licence, driver examinations, registration of all motor vehicles and vehicles which are required to be registered, registration of vehicles in remote communities and for temporary commercial truck permits, temporary registration of motor vehicles, transit permits, replacement of registration, transfer registration, registration of public service vehicles, commercial trucks, drive-away service units, taxicabs, u-drive vehicles, recording change in authorized weight of trucks and trailers, reserving number plates, well-drilling machine or permanently mounted apparatus on motor vehicle chassis, single trip certificates for vehicles, special permits for vehicles and special mobile machines, registration of delivery cars, permits for manufacturers and dealers, wreckers permit, interim registration sticker, permit to operate a commercial driving school and driver instructors, certificate of conviction forwarded by a justice, transcript or certified copy of conviction or order, inter-municipal livery motor vehicle or snow vehicle, chartered bus certificate, chartered passenger bus operations and vehicles registered in remote communities;

(fff) prescribing the words to be used to identify highway traffic inspection stations;

(ggg) respecting the securing of loads of logs, lumber, cordwood, or pulpwood on vehicles;

(hhh) decreasing the maximum rate of speed on all highways, designated highways or portions thereof;

(iii) designating types or classes of motor vehicles which may be used as school buses and prescribing equipment with which each type or class shall be equipped and prescribe standards for such equipment;

(jjj) prescribe standards and procedures for the purpose of determining whether a vehicle is a moped;

(kkk) governing the conduct of dealers in motor vehicles, and respecting the qualifications of applicants for dealers' and salesmen's permits, the bonding of dealers and salesmen and the conduct of dealers and salesmen;

(lll) prescribing standards for tank-trailers designed and used for the transportation of hazardous commodities and motor vehicles used to tow such tank-trailers, the number of such tank-trailers that may be towed, the maximum speed at which tank-trailers may be driven, prohibiting the towing of tank-trailers when loaded with any hazardous commodity upon certain highways within any city, town or village and prescribing the manner and conditions respecting towing of such tank-trailers;

(mmm) designating certain commodities as hazardous commodities for the purpose of section 181;

(nnn) prescribing the type of documents new applicants for a driver's licence are required to produce as proof of date of birth and identity;

(ooo) prescribing the fee and number of registration years during which the registration card and number plates issued in respect of semi-trailers shall remain valid;

(ppp) adopting the provisions of the Transportation of Dangerous Goods Act (Canada) or any part thereof, or any regulation made thereunder, as a regulation under this Act applying to and in respect of any matter, situation or circumstance within the jurisdiction of the Legislature;

(qqq) requiring the operators of motorcycles to have the headlights of the motorcycles on at all times while the motorcycles are in operation on a highway;

(rrr) exempting certain persons, classes of persons or members of certain groups or organizations from the requirements of part or all of the provisions of section 186 or 187.

Standards.

319(2)

The standards for vehicles or bicycles or equipment for vehicles or bicycles prescribed under this section, may be those approved by the Canadian Standards Association, American Association of Motor Vehicle Administrators, or under the Motor Vehicle Safety Act (Canada) and the regulations made thereunder, or as may be otherwise specified in the regulations; and the Lieutenant Governor in Council may, by regulation adopt by reference and constitute as regulations with respect to any standards for vehicles or bicycles, or equipment for vehicles or bicycles

(a) any relevant codes, rules or standards prepared and published by the Canadian Standards Association, American Association of Motor Vehicle Administrators, or Department of Transport (Canada); or

(b) any such codes, rules or standards with the exception of any specified provisions thereof, or with or without modification or amendment; or

(c) any specified provisions of any such codes, rules or standards;

and in any case, may prescribe for the certification of compliance by the manufacturer of vehicles or bicycles, or equipment for vehicles or bicycles, with any standard code or rule that may be prescribed; but unless herein otherwise expressly permitted, no standard so prescribed, and no code, rule or standard, or part thereof so adopted and constituted as regulations, shall conflict with any requirement of this Act.

Extension of registration year.

320(1)

Notwithstanding any provision of this Act, The Taxicab Act, or The Manitoba Public Insurance Corporation Act, or any regulation made under any of those Acts, the Lieutenant Governor in Council may make regulations extending any registration year for a period prescribed in the regulations.

Effective date of regulation.

320(2)

Notwithstanding The Regulations Act, a regulation made under subsection (1) takes effect on the day that it is made.

Validity of licences etc., continued.

320(3)

Any registration card, certificate of insurance, motor vehicle liability insurance card, number plates, validation sticker, certificate, licence, permit, or other evidence of registration or insurance under this Act, The Taxicab Act, or The Manitoba Public Insurance Corporation Act, or any regulation made under this Act, or either of those Acts, valid and subsisting on the last day of February of a registration year which has been extended by a regulation made under subsection (1), shall, for all purposes, but subject to subsection (4), continue to be valid and subsisting with respect to the motor vehicle or trailer to which it relates until the expiration of the last day of that registration year as extended by that regulation.

Beginning of year following extended year.

320(4)

For the purpose of determining the amount of any registration or other fee payable to the registrar, transport board, or The Taxicab Board, or any insurance premium payable under The Manitoba Public Insurance Corporation Act and the regulations made thereunder, a registration year immediately following a registration year that has been extended by regulation made under subsection (1) shall be deemed to have begun on the first day of March.

Approval of equipment by registrar.

320(5)

Notwithstanding any other provisions of this Act, the registrar may approve equipment of vehicles with which vehicles are required to be equipped if that equipment is listed as being approved by the Canadian Standards Association or the American Association of Motor Vehicle Administrators, or the equipment complies with any applicable standard prescribed by regulations made under the Motor Vehicle Safety Act (Canada); but no equipment shall be approved that is of the type or design that it would conflict with any requirements of this Act or the regulations made thereunder.

PART X

APPOINTMENTS AND MISCELLANEOUS

Order extending powers of local government district.

321(1)

The Lieutenant Governor in Council, by order in council, may order that a local government district, designated in the order, or such portion thereof as is so designated, shall be deemed to be a municipality for the purposes of this Act, or such portion thereof as is stated in the order.

Exercise of powers conferred.

321(2)

Upon the coming into force of an order in council made under subsection (1), the local government district, or the portion thereof, designated in the order shall be deemed to be a municipality for the purposes of this Act, or such portion thereof as is stated in the order; and the resident administrator of that local government district may thereafter, by by-laws applicable to the whole of the local government district or the designated portion thereof, exercise the powers conferred, under this Act or the portion thereof stated in the order, upon the council of a municipality, including the powers conferred upon it as a traffic authority.

RECORDS

Records of accidents and convictions.

322(1)

The registrar shall, for the purpose of driver improvement, maintain adequate records respecting drivers who

(a) have been involved in accidents; or

(b) have been convicted of a violation of any provision of this Act or of the Criminal Code; or

(c) have been adjudged to have committed an offence under the Young Offenders Act (Canada), as amended from time to time, for an offence mentioned in clause (b); or

(d) have been convicted of an offence in any province or territory of Canada, in any state of the United States or in the District of Columbia, the tenor of which the registrar deems to be analogous to an offence under this Act or the Criminal Code of Canada.

Search of records.

322(2)

Subject to subsection (3), the registrar may, upon request, cause a search to be made of any records maintained by him and furnished to any person

(a) particulars of motor vehicles registered under this act or of drivers' or chauffeurs' licences and instruction permits issued under this act; or

(b) a certified abstract of the driving records of drivers required to be maintained by him;

and the person making the request shall pay for each search or certified abstract furnished to him the fee prescribed in the regulations.

Limitation on furnishing information.

322(3)

The registrar shall not, without written authorization given to him by the person about whom the inquiry is being made, or by order of a justice, furnish to any person information

(a) contained in a supplementary report of an accident required by the registrar to be made; or

(b) contained in a report of an offence under the Young Offenders Act (Canada); or

(c) contained in a report furnished to the registrar by a duly qualified medical practitioner or optometrist; or

(d) furnished by drivers in confidence to the registrar.

Registrar may disclose medical information on appeal.

322(4)

Notwithstanding subsection (3), where a person makes an appeal under section 157 or 279 and the registrar has medical information furnished to him by a duly qualified medical practitioner or optometrist, the registrar may furnish that information to The Licence Suspension Appeal Board, the Medical Review Committee or a judge of a court of competent jurisdiction, as the case may require without the consent of the person who is the subject of the medical information.

Application to Rate Appeal Board.

322(5)

Where, by reason of the registrar recording a conviction of the type mentioned in clause (1)(d), a driver is assessed an additional premium in respect of automobile insurance under The Manitoba Public Insurance Corporation Act and the regulations made thereunder, the driver may apply to the Rate Appeal Board established under that Act for an exemption from the additional premium; the Rate Appeal Board, after considering the evidence submitted on the application by the driver, the corporation and the registrar, may

(a) exempt the driver from the additional premium in respect of the conviction; or

(b) vary the additional premium;

and order the Registrar to remove the conviction from the appellants record; or

(c) refuse to exempt the driver from the additional premium;

and the corporation shall comply with the decision of the Rate Appeal Board.

APPOINTMENT OF OFFICERS

Appointment of staff.

323(1)

An officer of the department, who shall be known as: "Registrar of Motor Vehicles", one or more deputy registrars, a Director of Highway Safety, an Assistant Director of Highway Safety, a secretary of the transport board, inspectors, and such other permanent, special, or temporary officers as may be necessary for enforcing and carrying out this Act may be appointed as provided in The Civil Service Act; and every person so appointed shall,

(a) as may be prescribed by the Lieutenant Governor in Council, discharge the duties of, and hold, any office authorized by law; and

(b) be paid a salary or other remuneration as provided by law.

Duties of secretary of traffic board.

323(2)

Without restricting the generality of subsection (1), the secretary of the transport board has the same duties and powers in matters under the jurisdiction of the board as the secretary of The Public Utilities Board has under The Public Utilities Board Act.

Duties of registrar.

323(3)

The registrar has charge of the administration of this Act; and, without restricting the generality of the foregoing, he has such powers, and is charged with such duties, for the proper administration and enforcement of this Act as may be specified in this Act and in the regulations.

Delegation of authority or duty.

323(4)

Where under this Act or any other Act of the Legislature, the registrar is authorized, empowered or required

(a) to issue any licence, registration or permit; or

(b) to suspend or cancel any licence, registration or permit; or

(c) to order any person to comply with any provision of this Act; or

(d) to order any person to remedy any defect or to do or to cease doing anything; or

(e) to hold a hearing in respect of any matter; or

(f) to examine any person for any purpose;

the registrar, with the written approval of the minister, may in writing delegate that authority, power or duty to any person employed by the government in the administration of this Act or of any provision of this Act; and any authority, power or duty exercised or performed by a person to whom it has been delegated under this subsection is as validly exercised or performed as if it had been exercised or performed by the registrar.

Discharge of departmental duties.

323(5)

Where by this Act powers are conferred, or duties are charged, upon the department, those powers may be exercised, and those duties discharged, by the registrar.

Supervision of officials.

323(6)

The officers appointed pursuant to this section are under the direction and control of the minister or, with respect to such duties as may be specified in the order in council, such other member of the Executive Council as the Lieutenant Governor in Council, by order in council, directs; and their salaries, allowances, and expenses, are payable out of moneys authorized by an Act of the Legislature to be paid and applied for the purposes of this Act.

Personal liability of officials limited.

323(7)

Neither the registrar, nor any person appointed under subsection (1), nor any person acting under the instructions of any of them or under the authority of this Act or the regulations, is personally liable for any loss or damage suffered by any person by reason of anything in good faith done or omitted to be done by him or them pursuant to, or in the exercise or supposed exercise of, the powers given to him or to them or any of them under this Act or the regulations.

Certificate of registrar as proof.

324

A certificate purporting to be signed by the registrar and certifying as to any matter of record in his office is admissible in evidence in any action or proceedings in any court, or in any matter before any board, commission, or other body, as prima facie proof of the matter therein certified, without proof of the signature of the registrar.

Authority to act for minister.

325

The minister may authorize any officer to exercise and perform in his place any of the powers granted to, and the duties imposed upon, him under this Act.

TRANSPORT BOARD

Establishment of transport board.

326(1)

There is hereby established a board which shall be known as: "The Motor Transport Board".

Composition of transport board.

326(2)

The transport board shall be composed of 3 or more persons appointed by order of the Lieutenant Governor in Council; and each member shall hold office for such term as may be fixed in the order appointing him, and thereafter until his successor is appointed.

Chairman.

326(3)

The Lieutenant Governor in Council shall, by order in council, appoint one of the members of the transport board to be the chairman thereof.

Vice-chairman, etc.

326(4)

The Lieutenant Governor in Council may, by order in council, appoint one or more of the members of the transport board

(a) to be vice-chairman thereof; or

(b) to be acting chairman thereof for such period or periods, or without limitation as to time, as may be stated in the order in council appointing him;

to act, in either case, as chairman on the request of the chairman or the minister or during the illness or absence of the chairman or during his inability, from any cause, to discharge his duties.

Members to devote time as directed.

326(5)

The chairman and such other members of the transport board as may be designated by order of the Lieutenant Governor in Council shall devote such part of their time to their duties under this Act as may be directed by order of the Lieutenant Governor in Council.

Quorum.

326(6)

Three members thereof constitute a quorum of the transport board.

Completion of meeting where member dies, etc.

326(7)

Where a quorum exists at the commencement of a hearing by the transport board, and thereafter a member thereof dies, resigns or for any reason becomes incapable of acting, the remaining members may complete the hearing or any adjournment thereof; and any decision with respect to that hearing made by a majority of the remaining members shall be deemed to be a decision of the board as if a quorum had been present.

Divisions of board.

326(8)

The transport board may sit in two divisions if a quorum of three members is present.

Powers of divisions.

326(9)

Each division of the transport board has all the powers and authority, and may discharge any of the duties, of the whole board.

Majority decisions.

326(10)

The decision of a majority of the members present at a sitting of the whole transport board, or of a division thereof, is the decision of the transport board.

Holding of joint meetings.

326(11)

Notwithstanding any other provision of the Act, where the board decides to hold a hearing jointly with a board of another jurisdiction the board may designate and empower one of its members to hear an application for authority to operate a public service vehicle jointly with a member or members of another jurisdiction or jurisdictions and in all such cases the decision of the single member shall be deemed to be a decision of the board.

Additional powers of transport board.

326(12)

For the purpose of making inquiries, hearing applications or complaints, and otherwise for carrying on and discharging its duties under this Act or any other Act of the Legislature, the transport board and, subject as herein provided, members thereof have the powers of commissioners appointed under Part V of The Manitoba Evidence Act; and that Part with the exception of sections 87, 88, 95, and 98 thereof apply to the transport board.

Exemption from personal liability.

326(13)

The members of the transport board are not personally liable for any loss, injury or damage suffered by any person by reason of anything done or omitted to be done by them, in good faith, in the performance of their duties under this Act or the regulations.

Inquiries by single members.

326(14)

The transport board, or the chairman thereof, may authorize a member thereof to make inquiry and to report to the board upon any question or matter arising in connection with the business of the board; and that member, when so authorized, has all the powers of the transport board for the purpose of taking evidence or acquiring the necessary information for the purpose of the report; and upon the report being made to the board, it may adopt it as an order of the transport board or otherwise deal with it in the discretion of the board.

Hearing of applications, etc., by single members.

326(15)

A single member of the transport board may hear an application, complaint, or other matter over which the board has jurisdiction under this Act or any other Act of the Legislature; and, after the hearing, the member shall report thereon fully to the transport board with his recommendations, if any, and the board may thereupon deal with the application, complaint, or other matter, as if the hearing had been before the full transport board.

Coming into force of orders.

326(16)

Notwithstanding The Regulations Act, an order of the transport board which is a regulation within the meaning of The Regulations Act has effect only on, from, and after, a date one week after the date of The Manitoba Gazette in which it is published, or on, from, and after, such later date as is fixed in the order.

Rules of procedure.

326(17)

The transport board may make rules not inconsistent with any Act or law to regulate its procedure.

Payment of expenses.

326(18)

The Minister of Finance shall repay to each of the members of the transport board the amount of the reasonable out-of-pocket expenses that are necessarily incurred by him in discharging his duties as a member of the board and are approved by the Minister of Finance.

Salaries and remuneration.

326(19)

The Minister of Finance, if so directed by order of the Lieutenant Governor in Council, shall pay to each member of the transport board, as remuneration for his services as a member, such amount, if any, as is fixed by order of the Lieutenant Governor in Council; and each member of the transport board who devotes his whole time to his duties as a member of the board shall be paid such salary as is fixed by order of the Lieutenant Governor in Council.

Experts.

326(20)

The Lieutenant Governor in Council may, with or without the recommendation of the transport board, appoint one or more experts, or persons having technical or special knowledge of the matter in question, to inquire into and report to the transport board and to assist it in an advisory capacity in respect of any matter before it.

Assistance from government departments.

326(21)

For the purpose of any inquiry or examination conducted by it or in the performance of any of the other duties assigned to it under this or any other Act of the Legislature or by order of the Lieutenant Governor in Council, the transport board may, with the consent of the minister in charge of a department of the Government of Manitoba, avail itself of the services of any officer or other employee of that department.

Payment of experts, etc.

326(22)

Wherever the Lieutenant Governor in Council or the transport board, acting within its jurisdiction, appoints or directs any person, other than a member or one of the staff of the transport board, to perform any service under or required by this Act, that person and such experts and other persons as may be appointed under subsection (20) shall be paid out of the Consolidated Fund such sum for services and expenses as the Lieutenant Governor in Council may, upon the recommendation of the transport board, determine.

Vehicle inspection required.

327(1)

The registrar may, by written notice sent to the owner by certified mail, require the owner of a motor vehicle that is registered under the Act for the current registration year to present the motor vehicle for inspection at such time and at such place as is indicated in the notice.

Penalty for failure to comply with notice.

327(2)

If the owner of a motor vehicle fails to present the motor vehicle for inspection as required by the registrar under subsection (1), the registrar may cancel the registration issued in respect of the motor vehicle.

Procedure on inspection.

327(3)

Upon a motor vehicle being presented for inspection in accordance with a notice given under subsection (1), the registrar shall

(a) cause an inspection to be made of such parts of the motor vehicle as are specified in the regulations;

(b) if the parts inspected are found to be in good working order and are approved, cause an inspection certificate of approval to be affixed to the motor vehicle;

(c) if any parts or system of a motor vehicle inspected are found to be defective or not in good working order and, for that reason, are not approved, cause a notice of rejection to be issued to the owner of the motor vehicle; and

(d) keep a record of each inspection of each motor vehicle inspected and the result thereof.

Re-inspection after rejection.

327(4)

Where a rejection is issued on an inspection made under this section, there shall be indicated on the rejection certificate a period within which the motor vehicle to which it refers is required to be presented at an inspection station for further inspection.

Re-examination after rejection.

327(5)

The owner of a motor vehicle in respect of which a rejection certificate has been issued under this section shall present the motor vehicle at an inspection station for further inspection within the period indicated on the rejection certificate.

Suspension of registration on inspection.

327(6)

Where a vehicle has been rejected under subsection (3) and repairs have not been carried out within the time prescribed, the registrar may suspend the registration issued for that vehicle.

Establishment of inspection stations.

327(7)

The minister may establish, at such places in the province as he may select, temporary inspection stations for the inspection of motor vehicles.

Inspection of dealers vehicles.

327(8)

Where a motor vehicle

(a) is owned by a dealer; or

(b) is in possession of and being offered for sale by a dealer;

the registrar may, by written notice served on the dealer or sent to the dealer by registered mail, require the dealer to present the motor vehicle for inspection at such time and place as the registrar may direct.

Nature of unfitness of vehicle.

327(9)

Where the inspection discloses that a vehicle owned by a dealer or in his possession for sale, does not comply with this Act or the regulations and is unsafe to be operated on a highway, the registrar shall cause to be affixed to the vehicle a notice that the vehicle is unfit to be operated upon a highway.

Suspension of dealer's permit.

327(10)

Where a dealer fails or refuses to submit any vehicle owned by him or in his possession for sale the registrar may suspend the dealer's permit, providing the dealer is given an opportunity to be heard as provided under section 273.

Inspection of unsafe vehicles and trailers.

327(11)

Where the registrar receives information showing that a motor vehicle or trailer is not in a safe condition to be operated upon a highway he may require the owner of the motor vehicle or trailer to submit it for inspection by a qualified mechanic or a person who operates a garage or other repair facility for motor vehicles or trailers and furnish to the registrar, on a form provided by him, a report setting out the findings of the inspection.

Cancellation of registration for failure to comply with notice.

327(12)

Where the owner of a motor vehicle or trailer fails to present the motor vehicle or trailer for inspection as required by the registrar under subsection (11) within such time as is prescribed in the notice, the registrar may cancel the registration issued in respect of the motor vehicle or trailer, as the case may require, until the owner complies with the request.

Cancellation of registration following inspection report.

327(13)

Where a report furnished under subsection (1) shows that the motor vehicle or trailer or equipment required by the Act or regulation are defective or not in good working order, the registrar shall cancel the registration issued in respect of that motor vehicle or trailer unless the defective parts or equipment is repaired or replaced, and the motor vehicle or trailer is otherwise in safe condition to be operated upon a highway.

Grants for driver education.

328(1)

Subject to subsections (3) and (4), from and out of the Consolidated Fund, with moneys authorized by an Act of the Legislature to be so paid and applied, the Minister of Finance, on the requisition of the minister, shall in each year pay to

(a) the boards of trustees of such school districts, and school divisions; and

(b) the boards of directors or managers of such other organizations;

as are specified in the requisition, such amounts as are stated therein, for the purpose of assisting in the training in that year of school pupils and others in the safe and proper method of operating motor vehicles on highways.

Payment of general administrative expenses, etc.

328(2)

From and out of the Consolidated Fund, with moneys authorized by an Act of the Legislature to be so paid and applied, the Minister of Finance, on the requisition of the minister, shall pay

(a) the cost, as certified to be correct by the minister in the requisition, of training such instructors as may be required to carry out the program of training to which reference is made in subsection (1), and, without restricting the generality of the foregoing,

(i) the cost of establishing and maintaining a school for the training of such instructors, or

(ii) the cost of training such instructors at schools established outside the province, including their necessary travelling and living expenses while attending such a school; and

(b) such other amounts as the minister may deem it necessary or advisable to expend in payment of all or part of the cost of salaries of instructors or other persons administering the program of training, or for other expenses incidental to the operation of the program of training including, without restricting the generality of the foregoing, the cost of prizes awarded to persons completing the program of training with exceptionally high standing.

Conditions as to grants.

328(3)

No payment shall be made under subsection (1) unless the board of trustees, or other board mentioned in that subsection, to which the payment is to be made satisfies the minister

(a) that the training program to be provided is adequate for the purpose;

(b) as to the cost of that training program for each person trained; and

(c) that each person trained will pay therefor such amount or such share of the cost as may be prescribed by the Lieutenant Governor in Council.

Maximum grant.

328(4)

The amounts payable under subsection (1) shall be calculated in accordance with the regulations.

DECLARATIONS AND AFFIDAVITS

Taking of declarations or affidavits.

329

Declarations or affidavits required for any purpose under this Act may be taken before any person having authority to administer oaths or before any person specially authorized for that purpose by the Lieutenant Governor in Council; but any person so specially authorized shall not charge any fee therefor.

Method of giving notice.

330

Where, under this Act, notice of anything is required or authorized to be given to any person, the notice shall be in writing, and, unless otherwise specifically provided herein, the person required or authorized to give it shall do so by serving a copy thereof on the person to whom the notice is required or authorized to be given, or by mailing the copy to that person, by registered mail, addressed to him at his address last known to the person giving the notice.

FEES

Fees.

331

Subject as herein otherwise specifically provided, the fees payable under this Act are the fees set out in the Schedules; and where any fee required to be paid under this Act is not specifically set out in the Schedules or elsewhere, the fee to be paid in that case is, subject to section 282, the fee prescribed in the regulations.

INTERNATIONAL DRIVING PERMIT

International driving permit.

332(1)

The minister may authorize any person or association to issue, to a person holding a valid and subsisting driver's licence issued under this Act, an International Driving Permit within the meaning of the United Nations 1949 Convention on Road Traffic.

Terms of authority to issue.

332(2)

The authorization of the minister referred to in subsection (1) shall be in accordance with the terms of the said convention and may be granted subject to such other terms and conditions as the minister deems appropriate.

Registration of antique cars, trucks or motorcycles.

333(1)

Notwithstanding any other provision herein, the owner of a motor vehicle that is more than thirty years old may, upon payment of the prescribed fee, and the premium prescribed under The Manitoba Public Insurance Corporation Act and the regulations made thereunder, in lieu of registering the motor vehicle under section 5, register the motor vehicle as an antique car, truck or motorcycle; and the registrar may register the motor vehicle as an antique car, truck or motorcycle and issue to the owner a permanent number plate of a design, type and material prescribed by him, for the antique car, truck or motorcycle.

Transfer of registration.

333(2)

Upon application to the registrar, the registration of an antique car, truck or motorcycle may be transferred by the owner thereof to another motor vehicle that is not less than thirty years old, but it is not transferable to another person.

Use of antique car, truck or motorcycle.

333(3)

The owner of a motor vehicle registered as an antique car, truck or motorcycle shall not drive it or permit it to be driven on a highway except

(a) for the purpose of taking it to be repaired or serviced; or

(b) for displaying it to the public in a parade or procession and for taking it to or from such a parade or procession; or

(c) for driving in an antique car, truck or motorcycle rally authorized by the registrar.

Merit marks.

334(1)

Subject to subsections (2) and (3), where a person has not been assessed any demerit points in respect of accidents or convictions for offences committed with a vehicle and has not been assessed an additional insurance premium as a result of two or more accidents, during a period of 2 full years applicable for that person if the person held a valid and subsisting driver's licence, other than a learner's licence, during that period, the registrar shall award a merit mark on his driver's record for that period, and an additional merit mark for each ensuing 2 year period thereafter during which demerit points have not been assessed up to a maximum of 5 merit marks.

Merit marks after demerit points.

334(2)

Where a person has been assessed demerit points which have not been expunged from the person's record, merit marks shall not be awarded until after the end of a 2 year period commencing on the date the demerit points were due to be expunged from the driver's record.

No merit marks where licence suspended, etc.

334(3)

No merit marks shall be awarded to any person during any 2 years if during those years his driver's licence has been suspended or cancelled for any cause whatsoever, or he has been prohibited from driving.

Non-application of subsection (3).

334(4)

Subsection (3) does not apply to a person whose driver's licence has been suspended or cancelled for not more than 3 months under section 28, 31, subsection 238(3), section 269 or 270.

Certificate of merit.

334(5)

Upon being awarded the maximum of 5 merit marks, a person who has not been assessed any demerit points for a further period of 2 years, during which he held a valid and subsisting driver's licence the minister may cause to be issued to the person a certificate of merit.

Removal of merit marks.

334(6)

Where a person who has been awarded 1 or more merit marks is assessed demerit points, 1 merit mark shall be removed from his driver's record, for every 2 demerit points which he has been assessed.

Removal of demerit points.

334(7)

Where a person has been awarded 1 or more merit marks, 2 demerit points shall be deducted from the demerits he has been assessed for each merit mark awarded to him.

Definition of "demerit point".

334(8)

In this section "demerit point" means a demerit point assessed against a person under the regulations made under The Manitoba Public Insurance Corporation Act or a demerit point assessed against a driver by the registrar on the basis of an accident in which the driver was involved and for which the registrar, in his absolute discretion, feels the driver was wholly or partly responsible.

Reference in Continuing Consolidation.

335

This Act may be referred to as chapter H60 of the Continuing Consolidation of the Statutes of Manitoba.

Repeal.

336

The following Acts and parts of Acts are repealed:

(l) The Highway Traffic Act, being chapter H60 of the Revised Statutes.

(2) An Act to amend The Highway Traffic Act, being chapter 12 of the Statutes of Manitoba, 1970.

(3) An Act to amend The Highway Traffic Act (2), being chapter 70 of the Statutes of Manitoba, 1970.

(4) An Act to amend The Highway Traffic Act (1), being chapter 24 of the Statutes of Manitoba, 1971.

(5) An Act to amend The Highway Traffic Act (2), being chapter 71 of the Statutes of Manitoba, 1971.

(6) Section 58 of The Statute Law Amendment Act, 1971, being chapter 82 of the Statutes of Manitoba, 1971.

(7) An Act to amend The Highway Traffic Act, being chapter 79 of the Statutes of Manitoba, 1972.

(8) An Act to amend The Highway Traffic Act (1), being chapter 4 of the Statutes of Manitoba, 1973.

(9) An Act to amend The Highway Traffic Act, being chapter 20 of the Statutes of Manitoba, 1974.

(10) An Act to amend The Highway Traffic Act (2), being chapter 61 of the Statutes of Manitoba, 1974.

(11) Section 23 of The Statute Law Amendment Act (1975), being chapter 42 of the Statutes of Manitoba, 1975.

(12) An Act to amend The Highway Traffic Act, being chapter 26 of the Statutes of Manitoba, 1976.

(13) An Act to amend The Highway Traffic Act (2), being chapter 62 of the Statutes of Manitoba, 1976.

(14) Section 24 of The Statute Law Amendment Act (1976), being chapter 69 of The Statutes of Manitoba, 1976.

(15) An Act to amend The Highway Traffic Act, being chapter 19 of the Statutes of Manitoba, 1977.

(16) An Act to amend The Highway Traffic Act (2), being chapter 32 of the Statutes of Manitoba, 1977.

(17) An Act to amend The Highway Traffic Act (3), being chapter 34 of the Statutes of Manitoba, 1977.

(18) An Act to amend The Highway Traffic Act (4), being chapter 49 of the Statutes of Manitoba, 1977.

(19) Section 18 of The Statute Law Amendment Act (1977), being chapter 57 of the Statutes of Manitoba, 1977.

(20) Section 5 of The Statute Law Amendment Act (1977) (2), being chapter 61 of the Statutes of Manitoba, 1977.

(21) An Act to amend The Highway Traffic Act, being chapter 4 of the Statutes of Manitoba, 1978.

(22) An Act to amend The Highway Traffic Act (2), being chapter 22 of the Statutes of Manitoba, 1978.

(23) An Act to amend The Highway Traffic Act (3), being chapter 23 of the Statutes of Manitoba, 1978.

(24) Sections 52, 123, 125 and 127 of The Statute Law Amendment Act (1978), being chapter 49 of the Statutes of Manitoba, 1978.

(25) An Act to amend The Highway Traffic Act, being chapter 15 of the Statutes of Manitoba, 1979.

(26) An Act to amend The Highway Traffic Act (2), being chapter 29 of the Statutes of Manitoba, 1979.

(27) Section 7 of The Statute Law Amendment Act (1979) (2), being chapter 49 of the Statutes of Manitoba, 1979.

(28) Section 1 of An Act to amend The Highway Traffice Act and The Tortfeasors and Contributory Negligence Act, being chapter 19 of the Statutes of Manitoba, 1980.

(29) An Act to amend The Highway Traffic Act, being chapter 36 of the Statutes of Manitoba, 1980.

(30) An Act to amend The Highway Traffic Act (2), being chapter 74 of the Statutes of Manitoba, 1980.

(31) An Act to amend The Highway Traffic Act, being chapter 18 of the Statutes of Manitoba, 1980-81.

(32) An Act to amend The Highway Traffic Act (2), being chapter 19 of the Statutes of Manitoba, 1980-81.

(33) Section 7 of The Statute Law Amendment Act (1981) (2), being chapter 38 of the Statutes of Manitoba, 1980-81.

(34) An Act to amend The Highway Traffic Act, being chapter 30 of the Statutes of Manitoba, 1982.

(35) Section 11 of The Statute Law Amendment Act (1982), being chapter 51 of the Statutes of Manitoba, 1982.

(36) An Act to amend The Highway Traffic Act, being chapter 10 of the Statutes of Manitoba, 1982-83-84.

(37) An Act to amend The Highway Traffic Act (2), being chapter 51 of the Statutes of Manitoba, 1982-83-84.

(38) Section 21 of An Act to amend Various Acts of the Legislature to facilitate the Reorganization and Expansion of the Court of Queen's Bench, being chapter 85 of the Statutes of Manitoba, 1982-83-84.

(39) An Act to amend The Highway Traffic Act, being chapter 6 of the Statutes of Manitoba, 1984-85.

Commencement of Act.

337

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