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An Act to amend The Highway Traffic Act

S.M. 1985-86, c. 12

An Act to amend The Highway Traffic Act

(Assented to July 11, 1985)

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

Definition of "dealer" am.

1

The definition of the word "dealer" as set out in section 1 of The Highway Traffic Act, being chapter H60 of the Continuing Consolidation of the Statutes of Manitoba is amended by adding thereto, at the end of sub-clause (vii) thereof the words "or of utility trailers which have a gross weight of 910 kilograms or less,".

Subsec. 5(22.1) added.

2

Section 5 of the Act is amended by adding thereto, immediately after subsection (22) thereof, the following subsection:

Classification where sufficient compliance.

5(22.1)

Notwithstanding subsection (22), if a mobility vehicle complies sufficiently with the requirements of the Act and the regulations, the registrar may classify the vehicle as a mobility vehicle if he considers it reasonable to do so.

Subsec. 9(9) am.

3

Subsection 9(9) of the Act is amended by adding thereto, immediately after the word "licence" in the 1st line thereof, the words "or renewal thereof is subject to refusal or".

Subsec. 25(3) am.

4

Subsection 25(3) of the Act is amended

(a) by adding thereto, at the end of clause (b) thereof, the word "or"; and

(b) by adding thereto, immediately after clause (b) thereof the following clause:

(c) by the holder of an instructor's permit issued by the registrar under the regulations.

Subsec. 25(4) added.

5

Section 25 of the Act is further amended by adding thereto, immediately after subsection (3) thereof the following subsection:

Cancellation of learner's licence issued to a person under 16.

25(4)

Where a class 7 licence has been issued under subsection 25(1), the registrar may cancel the licence if the person to whom it has been issued

(a) fails to satisfactorily complete the required 16 hours of practical instruction; or

(b) fails to attend a minimum of 20 hours of classroom instruction; or

(c) fails to successfully complete all required course examinations.

Subsec. 31(6) am.

6

Subsection 31(6) of the Act is amended by striking out all of the words of the subsection immediately after the word "registrar" where it appears for the 3rd time therein and substituting therefor the words "may cancel the licence issued to him and shall refuse to renew the licence or issue any further driver's licence to the person".

Subsec. 31(9) am.

7

Subsection 31(9) of the Act is amended by striking out the words "shall cancel the driver's licence of the person" in the last line thereof and substituting therefor the words "may cancel the licence issued to him and shall refuse to renew the licence or any further driver's licence to the person".

Subsec. 37(14) rep. and sub.

8

Subsection 37(14) of the Act is repealed and the following subsection is substituted therefor:

When emergency lamps may be operated.

37(14)

The lamps to which subsection (13) applies shall not be lighted intermittently or put into a flashing operation except when the motor vehicle is coming to a stop or standing on a highway or travelling at a speed less than 40 kilometres per hour when it is necessary to do so for safe operation; and when the vehicle is again put in motion or resumes a speed in excess of 40 kilometres per hour the lamps shall no longer remain lighted intermittently or in flashes.

Subsec. 38(3) am.

9

Subsection 38(3) of the Act is amended

(a) by adding thereto, at the end of clause (i) thereof, the word "or"; and

(b) by adding thereto, immediately after clause (i) thereof, as amended the following clause:

(j) a vehicle owned by a volunteer member of a municipal ambulance or rescue service and is used by that member to respond to emergency ambulance or rescue calls;

and

(c) by renumbering clause (j) and (k) thereof as clauses (k) and (1) respectively.

Subsec. 108(3) and (4) added.

10

Section 108 of the Act is amended by adding thereto, immediately after subsection (2) thereof, the following subsections:

Compliance with overhead lane direction signals.

108(3)

Where a traffic authority has placed above a traffic lane a lane direction signal of a form approved by the Highway Traffic Board, displaying a downward pointing green arrow, a driver facing the signal is permitted to drive in the traffic lane over which the signal is located.

Compliance with overhead lane direction signals.

108(4)

Where a traffic authority has placed above a traffic lane, a lane direction signal of a form approved by the Highway Traffic Board, displaying a red "X", a driver facing the signal shall not drive or continue to drive in the traffic lane over which the signal is located.

Subsec. 157(3) am.

11

Subsection 157(3) of the Act is amended by striking out all the words of the subsection immediately after the word "section" therein.

Subsec. 157(4) am.

12

Subsection 157(4) of the Act is amended by adding thereto, immediately after the word "of" in the 3rd line thereof the words "not less than".

Subsec. 157(5.1) added.

13

Section 157 of the Act is further amended by adding thereto, immediately after subsection (5) thereof, the following subsection:

Vice-chairman.

157(5.1)

The minister may appoint one member of the medical review committee

(a) to be vice-chairman thereof; or

(b) to be acting chairman thereof;

for any period of time to act on behalf of the 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.

Subsec. 157(8.1) added.

14

Section 157 of the Act is further amended by adding thereto, immediately after subsection (8) thereof, the following subsection:

Waiver of appeal fee.

157(8.1)

Notwithstanding subsection (8), where the registrar believes that it is unreasonable or unjust or that undue hardship would result to the appellant, the registrar may waive the payment of the fee or where the appellant has already paid the fee, recommend that the fee be remitted to the appellant pursuant to The Financial Administration Act.

Subsec. 225(5.1) added.

15

Section 225 of the Act is amended by adding thereto, immediately after subsection (5) thereof, the following section:

Defence of accused.

225(5.1)

In any prosecution for a violation of subsection (1), (2) or clause (4)(b), the accused has a defence if he can prove on a balance of probabilities

(a) that when he drove the motor vehicle he had a reasonable belief that the licence or registration was not suspended or cancelled, or that he was not otherwise disqualified from holding a driver's licence or from registering that motor vehicle, as the case may be; or

(b) that before he drove the motor vehicle he took all reasonable steps to ascertain that the licence or registration was not suspended or cancelled or that he was not otherwise disqualified from holding a driver's licence or from registering that motor vehicle, as the case may be.

Subsec. 269(1) am.

16

Subsection 269(1) of the Act is amended by striking out all the words of the subsection immediately after the word "registrar" and substituting therefor the following words "may suspend the registration card, the number plates, the licence or permit, issued under this Act and shall refuse to register any vehicle in that person's name or issue any licence or permit or any renewal thereof to that person".

Subsec. 269(2) am.

17

Subsection 269(2) of the Act is amended

(a) by striking out the word "shall" where it occurs for the 1st time in the subsection and substituting therefor the word "may"; and

(b) by adding thereto, immediately after the word "permit" where it occurs for the 2nd time in the subsection the words "or any renewal thereof".

Subsec. 269(3) am.

18

Subsection 269(3) of the Act is amended by adding thereto, immediately after the word "permit" in the 3rd line thereof the words "or renewal thereof is subject to refusal or".

Subsec. 276(1) am.

19

Subsection 276(1) of the Act is amended by adding thereto, immediately after the word "registrar" in the 2nd line thereof, the words "or a person acting under the authority of the registrar".

Subsecs. 276(2) and (3) rep. and sub.

20

Subsections 276(2) and (3) of the Act are repealed and the following subsection is substituted therefor:

Manner and effect of giving notice of suspension.

276(2)

The notice referred to in subsection (1) shall be in writing and shall be served upon the person to be served

(a) either personally; or

(b) by mailing it to the person by registered or certified mail addressed to the person at the person's last recorded address as shown in the records maintained by the registrar;

and when sent to the person as mentioned in clause (b), there is a rebuttable presumption that the notice was received by the person.

Commencement of Act.

21(1)

This Act, except sections 3, 6, 7, 15, 16, 17, 18, 19 and 20, comes into force on the day it receives the royal assent.

Proclamation.

21(2)

Sections 3, 6, 7, 15, 16, 17, 18, 19 and 20 come into force on a day fixed by proclamation.