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An Act to amend The Highway Traffic Act

S.M. 1987-88, c. 23

An Act to amend The Highway Traffic Act

(Assented to July 17, 1987)

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

Subsec. 6(2) rep. & sub.

1

Subsection 6(2) of The Highway Traffic Act being chapter H60 of the Continuing Consolidation of the Statutes of Manitoba is repealed and the following subsection is substituted therefor:

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 tractor other than a farm tractor and every truck tractor shall carry one number plate on the front thereof, to which the validation sticker required under subsection (3) is affixed;

(b) every other motor vehicle and every trailer, other than a semi-trailer, shall carry one number plate on the back thereof, to which the validation sticker required under subsection (3) is affixed;

(c) every semi-trailer shall carry one number plate on the back thereof, with the year of issue indicated thereon; and

(d) every number plate affixed to the rear of a motor vehicle other than a motorcycle, moped, mobility vehicle, truck or 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.

Subsec. 6(6) rep. & sub.

2

Subsection 6(6) of the Act is repealed and the following subsection is substituted therefor:

Replacement of lost or stolen number plates.

6(6)

Where a number plate issued for a vehicle is lost or stolen, the registered owner of the vehicle may forward to the registrar

(a) the registration card respecting that vehicle;

(b) the remaining number plate if the plate was issued as a set; and

(c) the prescribed fee for a new number plate; and upon furnishing such proof of loss as the registrar may require, the registrar shall issue a new number plate to the registered owner.

Subsec. 28(3) rep.

3

Subsection 28(3) of the Act is repealed.

Subsec. 28(5) rep. & sub.

4

Subsection 28(5) of the Act is repealed and the following subsection is substituted therefor:

Cancellation, etc. 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, refuse to grant the licence applied for by the person or impose restrictions on the licence of the person in accordance with subsection 24(6), as the case may require.

Subsec. 28(7) added.

5

Section 28 of the Act is amended by adding thereto immediately after subsection (6) thereof the following section:

Appeal.

28(7)

Where the registrar cancels the licence of a person, or refuses to grant a licence to a person or imposes restrictions on the licence of a person

(a) for any of the reasons set out in clause (5)(a), no appeal lies from the decision of the registrar; and

(b) for the reason set out in clause (5)(b), the registrar shall disclose to the person the reason for the decision, and the person may upon compliance with the requirements of the registrar, appeal the decision to the medical review committee established under section 157.

Subsec. 31(6) rep. & sub.

6

Subsection 31(6) of the Act is repealed and the following subsection is substituted therefor:

Further examination or interview required.

31(6)

The registrar may require any person who holds a licence of any class of licence, or whose licence has been suspended or cancelled

(a) to pass an examination as provided in subsection (2), or any further examination; or

(b) to attend an interview for the purpose of discussing the person's ability to operate a motor vehicle safely or to comply with the provisions of this Act and the regulations, as the case may require; within such time as the registrar may prescribe or before another licence is issued to the person; and, if the person fails to pass the examination or to attend the interview as required, the registrar shall cancel the licence issued to the person or refuse to issue another licence to the person.

Subsec. 38(3) am.

7

Subsection 38(3) of the Act is amended

(a) by adding thereto at the end of clause (1) thereof the word "and"; and

(b) by adding thereto immediately after clause

(l) thereof as amended, the following clause:

(m) in the case of a vehicle to which clause (c) applies, shall be red or a combination of red and blue or, if the lamp is a headlamp lighted alternately with the other headlamp, shall be white.

Subsec. 76(1) rep. & sub.

8

Subsection 76(1) of the Act is repealed and the following subsection is substituted therefor:

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; or

(d) to inspect the driver's licence and the vehicle registration card; the peace officer may direct or halt traffic and erect or place temporary or emergency traffic control devices displaying instructions to persons using the highway.

Sec. 93 rep. & sub.

9

Section 93 of the Act is repealed and the following section is substituted therefor:

Municipal by-laws prohibiting standing, etc.

93(1)

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.

Residential parking permits.

93(2)

The council of a municipality may by by-law provide for the issuance of permits to allow persons, subject to such conditions and restrictions as the by-law may provide, to park their motor vehicles on the highway

(a) adjacent to or in the vicinity of the land on which they reside; or

(b) in a zone or area in which the land on which they reside is situated; notwithstanding any specific prohibitions or restrictions on parking of vehicles on that highway, as indicated by traffic control devices.

Subsec. 106(2) rep. and sub.

9.1

Subsection 106(2) of the Act is repealed and the following subsection is substituted therefor:

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, in the case of a vehicle referred to in clause 38(3)(c), a flashing red light or a combination of flashing red and blue lights, or

(ii) white light emitted by the headlamps that are lit alternately and in flashes, or

(iii) both such flashing red light or a combination of flashing red and blue lights and alternately flashing headlamps.

Cl. 122(1)(d) rep. & sub.

10

Clause 122(1)(d) of the Act is repealed and the following clause is substituted therefor:

(d) within three metres from the point on the curb or edge of the roadway immediately opposite a fire hydrant.

Subsec. 157(3) rep.

11

Subsection 157(3) of the Act is repealed.

Subsec. 157(4) rep. & sub.

12

Subsection 157(4) of the Act is repealed and the following subsection is substituted therefor:

Medical review committee.

157(4)

For the purpose of hearing an appeal under subsection 28(7) the minister shall establish a medical review committee consisting of not less than

(a) three 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.

Subsec. 180(2) am.

13

Subsection 180(2) of the Act is amended by striking out clause (c) thereof and substituting therefor the following clause:

(c) produce or products of the farm except

(i) milk and eggs belonging to another farmer, and

(ii) livestock belonging to another farmer unless the livestock is being transported to or from a farm, pasture or agricultural exhibition or fair and the gross vehicle weight of the vehicle or combination of vehicles used does not exceed 13, 500 kilograms;.

Subsec. 180(5) am.

14

Subsection 180(5) of the Act is amended by striking out clause (c) thereof and substituting therefor the following clauses:

(c) to transport livestock to or from a farm, pasture, or agricultural exhibition or fair, where the gross vehicle weight of the vehicle or combination of vehicles used does not exceed 13, 500 kilograms; or

(d) 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.

Subsec. 180(6) added.

15

Section 180 of the Act is further amended by adding thereto immediately after subsection (5) thereof the following subsection:

Identification of livestock.

180(6)

Every person transporting livestock by means of a farm truck shall comply with the applicable provisions of The Animal Husbandry Act.

Sec. 258 rep. & sub.

16

Section 258 of the Act is repealed and the following section is substituted therefor:

Impounding of licence.

258

Where a licence or permit to drive has been, or is required to be, suspended or cancelled or where a person is prohibited from driving a motor vehicle, as a 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.

Subsec. 264(2) rep. & sub.

17

Subsection 264(2) of the Act is repealed and the following subsection is substituted therefor:

Second or subsequent conviction.

264(2)

Where a person commits an offence against any of the sections of the Criminal Code mentioned in subsection (1) (referred to in this subsection as the "earlier offence"), and commits an offence against the same or any of the other sections of the Criminal Code mentioned in subsection (1) (in this subsection referred to as the "later offence"), within 5 years from the date of commission of the earlier offence, if the person is convicted of both offences, the conviction for the later offence shall be deemed to be a second or subsequent conviction.

Subsec. 264(5) rep.

18

Subsection 264(5) of the Act is repealed.

Subsec. 269(2) am.

19

Subsection 269(2) of the Act is amended by striking out the word "motor" where it appears in the 1st, 7th and 10th lines thereof.

Definition added.

20(1)

Section 280 of the Act is amended by adding thereto immediately after the definition of "certificate" therein the following definition:

"compensation" "gain" or "toll" means any fee, rate, charge, remuneration, recompense, reimbursement, indemnification or payment of any kind, charged, collected, received, paid, payable or promised, directly or indirectly, for the transport of persons or property by means of a motor vehicle, with or without a view to making a profit thereby;

Sec. 280 am.

20(2)

Section 280 of the Act is further amended by striking out therefrom the definition "toll", "gain" or "compensation".

Subsec. 295(1) rep. & sub.

21

Subsection 295(1) of the Act is repealed and the following subsection is substituted therefor:

Insurance required for motor carrier.

295(1)

The registrar or the transport board shall not issue a certificate 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), proof of 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) proof of fidelity insurance covering legal liability for moneys collected for consignors.

Sec. 296 rep. & sub.

22

Section 296 of the Act is repealed and the following section is substituted therefor:

Notice of cancellation or change or non-renewal of policy required.

296(1)

Where an insurer proposes to cancel or change or not renew an insurance policy or bond, proof of which has been filed with the transport board, in accordance with subsection 295(1), the insurer shall give the board at least ten days' notice thereof.

Policy or bond to remain in force.

296(2)

Where an insurer fails to provide notice as required in subsection (1) the insurance policy or bond shall remain in force.

Subsecs. 300(3.1) to (3.3) added.

23

Section 300 of the Act is amended by adding thereto immediately after subsection (3) thereof the following subsections:

Cancellation or suspension of registration.

300(3.1)

Where an owner to whom the registrar has issued a registration card for a truck, or combination of vehicles, of a registered gross vehicle weight in excess of 4, 500 kilograms, fails to comply with any provision of this Act, or any regulation or order made by the transport board or for any other reasonable cause, the transport board may, by order, direct the registrar

(a) to cancel or suspend the registration of any truck, or combination of vehicles, of a registered gross vehicle weight in excess of 4, 500 kilograms, in the name of the owner; and

(b) to refuse to register any truck, or combination of vehicles, of a registered gross vehicle weight in excess of 4, 500 kilograms, in the name of the owner; either absolutely or for a specified period of time.

Fine in lieu of cancellation or suspension.

300(3.2)

In lieu of cancellation or suspension of a registration under subsection (3.1), the transport board may impose a fine of not more than $5, 000 on the owner.

Notice of show cause hearing.

300(3.3)

Prior to making an order under subsection (3.1) or imposing a fine under subsection (3.2), the transport board shall

(a) give at least ten days' notice in writing to the owner and provide to the owner an opportunity to be heard; and

(b) cause the notice to be served personally on the owner, or by registered or certified mail, addressed to the owner at the address last known to the registrar.

Cl. 319(1)(sss) added.

24

Subsection 319(1) of the Act is amended by adding thereto immediately after clause (rrr) thereof the following clause:

(sss) prescribing the classes or types of vehicles required to be inspected, the intervals at which those vehicles are required to be inspected, the methods and procedures to be followed in the inspection of vehicles, the criteria to be used when approving or rejecting any vehicle or any component thereof, the form of inspection certificate or sticker to be issued and the persons authorized to issue or remove the certificates or stickers.

Subsec. 323(4) rep. & sub.

25

Subsection 323(4) of the Act is repealed and the following subsection is substituted therefor:

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 Manitoba Public Insurance Corporation or 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.

Subsec. 327(2) rep. & sub.

26

Subsection 327(2) of the Act is repealed and the following subsection is substituted therefor:

Cancellation of registration for failure to comply with registrar's request for inspection.

327(2)

Where the owner of a vehicle fails to present the vehicle for inspection as required under subsection (1) or (14), the registrar may cancel the registration issued in respect of the vehicle.

Subsec. 327(7) rep. & sub.

27

Subsection 327(7) of the Act is repealed and the following subsection is substituted therefor:

Inspection of vehicles.

327(7)

The minister may

(a) establish inspection stations at such places selected or approved by the minister for the inspection of vehicles; and

(b) authorize persons to carry out the inspection of vehicles for the purposes of this Act and the regulations.

Subsec. 327(14) added.

28

Section 327 of the Act is amended by adding thereto immediately after subsection (13) thereof the following subsection:

Inspection at regular intervals.

327(14)

Notwithstanding subsection (1), the registrar may require that vehicles of a prescribed class or type (other than trucks with a registered gross vehicle weight of 4, 500 kilograms or less and passenger cars) be inspected at regular intervals as provided in the regulations.

Sec. 328 rep.

29

Section 328 of the Act is repealed.

Commencement of Act.

30(1)

This Act, except section 29, comes into force on royal assent.

Commencement of Act.

30(2)

Section 29 of this Act comes into force on a day fixed by proclamation.