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An Act to amend The Highway Traffic Act

S.M. 1986-87, c. 14

An Act to amend The Highway Traffic Act

(Assented to September 10, 1986)

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

Definition of "axle group" added.

1

The definition of "axle group" in section 1 of The Highway Traffic Act, being chapter H60 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following definition of "axle group" is added thereto, immediately after the definition of "axle assembly":

"axle group" means 2 or more axle assemblies which are articulated from a common attachment to the vehicle or are designed to automatically distribute the load so that the weight of each axle assembly does not exceed that which is prescribed in the regulations for a single axle and where

(i) in the case of 2 adjacent axle assemblies in the group, the distance between the centres of the axle assemblies does not exceed 2. 00 metres,

(ii) in the case of 3 or more adjacent axle assemblies in the group, the distance between the centres of the leading axle assembly and rear axle assembly does not exceed 3. 00 metres;.

Definition of "moped" am.

2

The definition of "moped" in section 1 of the Act is amended

(a) by striking out therefrom the figures "410" and substituting therefor the figures "250";

(b) by striking out therefrom the figures "700" and substituting therefor the figures "650"; and

(c) by striking out sub-clause (iii) of the definition and substituting therefor the following sub-clause:

(iii) is capable of being driven at all times by pedals only if so equipped, by motor only, or by both pedals and motor, and.

Subsec. 5(12) rep. and sub.

3

Subsection 5(12) of the Act is repealed and the following subsection is substituted therefor:

Registration of motor vehicles registered elsewhere.

5(12)

A person who becomes a resident of the province and owns

(a) a motor vehicle of the private passenger car type; or

(b) a truck that has a gross weight, including its load, not exceeding 3700 kilograms and is not being used for a commercial purpose; 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 12 months, a resident shall, within 3 months after the person becomes a resident, register it for the balance of the current registration year with the registrar and pay to the registrar the prescribed fee for the registration.

Subsec. 6(3) am.

4

Subsection 6(3) of the Act is amended by striking out therefrom the word "semi-trailers".

Subsec. 24(7) am.

5

Subsection 24(7) of the French version of the Act is amended by striking out clause b) thereof and substituting therefor the following clause:

b) qui

(i) d'une part, a été titulaire d'un permis probatoire délivré en application du présent article et annulé en vertu du paragraphe (13),

(ii) d'autre part, n'a pas été titulaire d'un permis délivré en application du présent paragraphe, pendant un an sans interruption.

Subsec. 24(9) am.

6

Sub-clauses 24(9)(c)(iii) and (iv) of the Act are repealed and the following sub-clauses are substituted therefor:

(iii) to a person who is prohibited from driving by the Court during the prohibition, or

(iv) to a person who is a mentally disordered person within the meaning of The Mental Health Act or who is suffering from alcoholism or drug addiction or who has an alcohol or drug related problem and that condition is not under control, or

(v) to a person who declines to take, or fails any examination that the person is required to take under this Act; or

(vi) to a person who declines or fails to complete an impaired driver's course that the person is required to take under this Act.

Subsec. 28(1) am.

7

Subsection 28(1) of the Act is amended by striking out all the words immediately after the word "alcoholic" therein and substituting therefor the following words "or a drug addict or has an alcohol or drug related problem, the registrar may require the person to produce a report from any recognized agency engaged in the diagnosis or treatment of persons suffering from alcoholism or drug addiction".

Subsec. 28(1.1) added.

8

Section 28 of the Act is further amended by adding thereto, immediately after subsection (1) thereof, the following subsection:

No right of action against physician or agency.

28(1.1)

No person has a right of action against

(a) the Alcoholism Foundation of Manitoba or other recognized agency; or

(b) a duly qualified medical practitioner;

for any injury or damage suffered by the person as a result of a report submitted by the physician or agency under subsection (1), unless the physician or agency was negligent in the preparation and submission of the report.

Subsec. 31(13) added.

9

Section 31 of the Act is amended by adding thereto, immediately after subsection (12) thereof, the following subsection:

Reinstatement requirement regarding alcohol and drug dependency.

31(13)

The registrar may require any person who has been convicted of an offence pursuant to section 237, 238 or 239 of the Criminal Code to complete an impaired drivers' course offered by the Alcoholism Foundation of Manitoba or a recognized agency or person engaged in the diagnosis or treatment of persons suffering from alcoholism or drug addiction.

Subsec. 55(1) am.

10

Subsection 55(1) of the Act is amended by striking out therefrom the word "gross" and substituting therefor the words "registered gross".

Subsec. 68(1) rep. and sub.

11

Subsection 68(1) of the Act is repealed and the following subsection is substituted therefor:

Definitions.

68(1)

In this section

"class Al highway" means a provincial trunk highway, unless otherwise classified by order of the Lieutenant Governor in Council, and any highway that is designated as such

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

(ii) by by-law of the council of The City of Winnipeg, or the municipality that is the traffic authority in respect thereof;

"class Bl highway" means a provincial road, unless otherwise classified by the Lieutenant Governor in Council, and any highway that is designated as such

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

(ii) by by-law of the council of The City of Winnipeg, or the municipality that is the traffic authority in respect thereof;

"class A highway" means any highway under jurisdiction of The City of Winnipeg and any highway that is designated as such

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

(ii) by by-law of the council of the municipality that is the traffic authority in respect thereof;

"class B highway" means 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 and any highway that is designated as such

(i) by order of the Lieutenant Governor in Council, in the case of a provincial trunk highway or a provincial road, or

(ii) by by-law of the council of a municipality that is the traffic authority in respect thereof to repeal a by-law made before the 21st day of November 1966 that then classified its highways as class B which, subject to subsection (11) are now deemed to be class C;

"class C highway" means subject to subsection (11), any highway in a municipality that is classified as a class B highway by a by-law before the 21st day of November, 1966 and any highway that is designated as such

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

(ii) by by-law of the council of a municipality that is the traffic authority in respect thereof, except for The City of Winnipeg;

"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 and Transportation Department Act;

"provincial road" means a highway that is a provincial road within the meaning of The Highways and Transportation 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.

Subsec. 68(3) am.

12

Subsection 68(3) of the Act is amended

(a) by striking out the words and letters "A, B or C highway" in the 2nd line thereof and substituting therefor the words "of highways"; and

(b) by striking out the words and letters "class A, B or C" in the 1st line of clause (e) thereof and substituting therefor the words "any class of.

Subsec. 68(4) am.

13

Subsection 68(4) of the Act is amended by striking out therefrom the letters and words "a class A, B or C" and substituting therefor the words "any class of.

Subsec. 68(7) rep. and sub.

14

Subsection 68(7) of the Act is repealed and the following subsection is substituted therefor:

Classification by municipality.

68(7)

With the approval of the traffic board, the council of any municipality may classify any highway with respect to which it is the traffic authority to any highway classification, except in the case of The City of Winnipeg which may classify highways with respect to which it is the traffic authority as being a class A1, class A, or B1highway.

Subsec. 68(8) rep. and sub.

15

Subsection 68(8) of the Act is repealed and the following subsection is substituted therefor:

Reclassifying by L. G. in C.

68(8)

The Lieutenant Governor in Council may, by order in council, reclassify any highway with respect to which the minister is the traffic authority.

Subsec. 68(15) added.

16

Section 68 of the Act is further amended by adding thereto, immediately after subsection (14) thereof the following subsection:

Raising and lowering axle assembly mechanism.

68(15)

No person shall drive upon a highway a motor vehicle equipped with a mechanism designed for the raising and lowering of any axle assembly which can be controlled or operated by

(a) the driver of the vehicle; or

(b) any passenger in the vehicle; from within the cab of the vehicle.

Subsec. 77(1) rep. and sub.

17

Subsection 77(1) of the Act is repealed and the following subsection is substituted therefor:

Erection of traffic control devices.

77(1)

The traffic authority shall erect and maintain such traffic control devices as are reasonably necessary to make known to drivers of motor vehicles the maximum rate of speed permissible on any part of a highway; and the traffic control devices shall be erected and maintained in such a way that they face traffic

(a) entering the section of highway where the maximum rate of speed begins; and

(b) at intervals, over the length of highway to which they apply.

Cl. 125(l)b) am.

18

Clause 125(l)b) of the French version of the Act is amended by striking out the words "d'un feu "arrêt"" and substituting therefor the words "d'un signal de freinage".

Subsec. 157(8.1) am.

19

Subsection 157(8.1) of the Act as enacted by chapter 12 of the Statutes of Manitoba, 1985-86 is amended by striking out the brackets and figures "(8.1)" therein and substituting therefor the brackets and figure "(9)".

Subsec. 179(1) am.

20

Subsection 179(1) of the French version of the Act is amended by striking out the words "Défence civile" in the last line thereof and substituting therefor the words "Protection civile".

Subsec. 185(1) am.

21

Subsection 185(1) of the Act is amended by adding thereto, immediately after the word "moped" therein, the words "or a mobility vehicle".

Subsec. 185(2) rep. and sub.

22

Subsection 185(2) of the Act is repealed and the following subsection is substituted therefor:

Exception.

185(2)

Subsection (1) does not apply to an operator of a moped or a mobility vehicle crossing a Provincial Trunk Highway on which the speed limit is greater than 80 kilometres per hour if the crossing is made at an intersection and in the most direct route.

Subsec. 219(1) am.

23

Subsection 219(1) 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) in respect of a towing vehicle equipped with a fifth wheel type of hitch towing a gooseneck type trailer which may tow a second vehicle if the combined weight of the towed vehicles does not exceed twice the registered gross vehicle weight of the towing vehicle.

Subsec. 225(1) rep. and sub.

24

Subsection 225(1) of the Act is repealed and the following subsection is substituted therefor:

Driving while disqualified or prohibited.

225(1)

No person shall drive a motor vehicle on a highway while the driver's licence of that person is suspended or cancelled or the person is disqualified from holding a driver's licence or is otherwise prohibited from driving a motor vehicle on a highway.

Subsec. 225(4) am.

25

Subsection 225(4) of the Act is amended by adding thereto, immediately after the word "licence" in the 3rd line of clause (a) thereof the words "or prohibited from driving".

Subsec. 241(1) am.

26

Subsection 241(1) of the Act is amended by striking out therefrom the figures "234, 235, 238, 239" and substituting therefor the figures"236, 237, 238, 239, 242".

Subsec. 259(1) am.

27

Subsection 259(1) of the Act is amended by striking out clause (c) of the English version thereof and clause (b) of the French version thereof and substituting therefor the following clause:

(b) each order made by the justice cancelling or suspending a licence or the registration of a motor vehicle, or disqualifying any person from holding a licence, or prohibiting any person from driving a motor vehicle;.

Subsec. 259(2) am.

28

Subsection 259(2) of the Act is amended by adding thereto, at the end of clause (b) thereof, the words " or prohibiting any person from driving a motor vehicle".

Subsec. 263(1) am.

29

Subsection 263(1) of the Act is amended by striking out therefrom the figures "234, 235, 238, 239" and substituting therefor the figures " 236, 237, 238, 239, 242".

Subsec. 264(1) am.

30

Subsection 264(1) of the Act is amended by striking out therefrom the figures and word "234, 234.1 235, 236, or 238" and substituting therefor the figures and word "236, 237, 238, 239 or 242".

Subsec. 264(4) rep.

31

Subsection 264(4) of the Act is repealed.

Subsec. 264(5) am.

32

Subsection 264(5) of the Act is amended by striking out therefrom the figures and word "234, 234.1, 235 or 236" and substituting therefor the figures and word "237, 238 or 239".

Subsec. 264(7) rep. and sub.

33

Subsection 264(7) of the Act is repealed and the following subsection is substituted therefor:

Impoundment of driver's licence.

264(7)

Where, under this section, a judge or justice

(a) suspends or cancels the licence of a person; or

(b) suspends or cancels the right of a person to have a licence; or

(c) prohibits a person from driving a motor vehicle; the judge or justice, as the case may be, shall impound the licence and send or cause the licence to be sent to the registrar.

Subsec. 264(8) am.

34

Subsection 264(8) of the Act is amended by adding thereto, immediately after the word "suspension" therein, the word " prohibition".

Subsec. 264(9) am.

35

Subsection 264(9) of the Act is amended by striking out therefrom the word and figures "subsection 225(6)" and substituting therefor the word and figures "section 243.1".

Subsec. 264(11) am.

36

Subsection 264(11) of the Act is amended by striking out therefrom the figures "(11)" and substituting therefor the figures "(13)".

Subsec. 264(13) am.

37

Subsection 264(13) of the Act is amended

(a) by striking out the word "he" therein and substituting therefor the words "the judge or justice";

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

(c) by adding thereto, immediately after clause

(c) thereof, the following clause:

(d) the person is not prohibited from operating a motor vehicle.

Subsec. 265(1) am.

38

Subsection 265(1) of the Act is amended by striking out therefrom the figures "234.1" and substituting therefor the figures "238".

Subsec. 65(2) am.

39

Subsection 265(2) of the Act is amended

(a) by striking out therefrom the figures "235(1)" and substituting therefor the figures "238(3)"; and

(b) by striking out therefrom the figures "237" and substituting therefor the figures "241".

Subsec. 265(3) am.

40

Subsection 265(3) of the French version of the Act is amended by striking out the words "dispositif de dépistage" in clause b) thereof and substituting therefor the words " l'alcool test".

Subsec. 269(2) am.

41

Subsection 269(2) of the Act is amended

(a) by adding thereto, immediately after the word "Where" in the 1st line thereof, the words "the holder of, or";

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

(c) 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. 279(1) am.

42

Subsection 279(1) of the Act is amended

(a) by striking out the words and figures "under section 239" in the 11th line thereof and substituting therefor the words "for non payment of a fine"; and

(b) by striking out the figures and word "31(6) or 31(9)" in clause (i) thereof and substituting therefor the figures and words "31(6), (9) or (13), or subsection 19(1) of The Summary Convictions Act".

Subsec. 303(2) am.

43

Subsection 303(2) of the French version of the Act is amended by striking out the word "symoble" in the 1st line thereof and substituting therefor the word "symbole".

Subsec. 313(2) rep. and sub.

44

Subsection 313(2) of the Act is repealed and the following subsection is substituted therefor:

Contents of bill of lading relating to livestock.

313(2)

A bill of lading or other document relating to livestock, shall contain a note of brands, tags or other distinguishing marks on the livestock to which the bill or other document relates.

Sec. 316 am.

45

Section 316 of the French version of the Act is amended

(a) by striking out the word "ou" at the end of the clause (b) thereof; and

(b) by adding thereto, at the end of clause (d) thereof, the word "ou".

Sec. 317 am.

46

Section 317 of the Act as amended by chapter 13 of the Statutes of Manitoba, 1985-86 is amended by adding thereto, at the end of clause (c) thereof the word "or".

Sec. 317 am.

47

Section 317 of the French version of the Act is amended

(a) by striking out the word "ou" at the end of the clause (b) thereof; and

(b) by adding thereto, at the end of clause (c) thereof, the word "ou".

Cl. 319(1)(ff) rep. and sub.

48

Clause 319(1)(ff) of the Act is repealed and the following clause is substituted therefor:

(ff) classifying any highway in accordance with subsection 68(1) or (8) or both.

Cl. 319(1)(hh) am.

49

Clause 319(1)(hh) of the Act is amended by striking out therefrom the word and figures "subsection 327(2)" and substituting therefor the word and figures "section 327".

Cl. 322(3)(d) am.

50

Clause 322(3)(d) of the Act is repealed and the following clauses are substituted therefor:

(d) contained in a report furnished to the registrar by the Alcoholism Foundation of Manitoba or a recognized agency or person engaged in the diagnosis and treatment of persons suffering from alcoholism or drug addiction; or

(e) furnished by drivers in confidence to the registrar.

Cl. 326(4)(a) am.

51

Clause 326(4)(a) of the French version of the Act is amended by striking out therefrom the word " ce" and substituting therefor the word "de".

Subsecs. 327(1) and (2) am.

52

Subsections 327(1) and (2) of the Act are amended by striking out therefrom the word "motor" wherever it appears in those subsections.

Subsec. 327 (1.1) added.

53

Section 327 of the Act is further amended by adding thereto, immediately after subsection (1) thereof, the following subsection:

Safety inspection for commercial vehicle.

327(1.1)

The Registrar may require the owner or operator of any vehicle having use of a highway to have the vehicle inspected to determine its safe condition and whether or not it complies with the requirements of the Act and the Regulations.

S.M. 1985-86, c. 12 am.

54

Section 17 of An Act to amend The Highway Traffic Act, being chapter 12 of the Statutes of Manitoba 1985-86 is repealed.

Commencement of Act.

55

This Act, except section 16, comes into force on the day it receives the royal assent and section 16 comes into force on a day fixed by proclamation.