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An Act to amend The Highway Traffic Act 2

S.M. 1987-88, c. 61

An Act to amend The Highway Traffic Act 2

(Assented to July 17, 1987)

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

Subsec. 5(19) rep. and sub.

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Subsection 5(19) of The Highway Traffic Act being chapter H60 of the Continuing Consolidation of the Statutes of Manitoba is repealed and the following subsection is substituted therefor:

Proof of ownership and declaration.

5(19)

Before registering a vehicle the registrar may require proof of ownership thereof and in the case of a salvage vehicle as defined in subsection 156.1(1), the registrar may require the person applying for registration thereof to produce the written declaration required under subsection 156.1(2).

Sec. 156.1 added.

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The Act is further amended by adding thereto immediately after section 156 thereof the following section:

Definitions.

156.1(1)

In this section

"manufacturer's statement of compliance label" means the label required under The Motor Vehicle Safety Act (Canada) and the regulations made thereunder; ("étiquette de conformité du fabricant")

"salvage vehicle" means a motor vehicle, the ownership of which has vested in The Manitoba Public Insurance Corporation by virtue of the Corporation having paid to its insured the actual cash value of that motor vehicle in accordance with the terms and conditions of The Manitoba Public Insurance Corporation Act and the regulations made thereunder. ("véhicule récupéré")

Declaration of transferor.

156.1(2)

Every person who transfers the ownership of a salvage vehicle shall, prior to transferring the ownership, provide a written declaration to the transferee stating that the motor vehicle was previously disposed of as a salvage vehicle by The Manitoba Public Insurance Corporation; and the transferee shall acknowledge receipt of the declaration in writing.

Refusal to provide or falsification of declaration.

156.1(3)

Where a person who has transferred ownership of a salvage vehicle refuses to provide or falsifies the declaration required under subsection (2) the transferee is entitled to rescind the transaction and to the restitution of any property or funds given by the transferee to the transferor as consideration in the transaction.

Offence and penalty.

156.1(4)

Any person who falsifies the written declaration required under subsection (2) is guilty of an offence and is liable, on summary conviction, to a fine of not less than $1, 000. or to imprisonment for a term of not less than 30 days.

Permanent identification mark.

156.1(5)

The Manitoba Public Insurance Corporation shall cause all salvage vehicles to be embossed with a permanent identification mark indicating the date on which the vehicle was declared a salvage vehicle; and the identification mark shall be clearly embossed on the vehicle immediately adjacent to the manufacturer's statement of compliance label.

Altering or removing identification mark.

156.1(6)

No person shall alter, deface, obliterate, remove or conceal an identification mark referred to in subsection (5) without first obtaining the written approval of the registrar.

Salvage vehicle to be marked after repairs.

156.1(7)

Every person who with the written approval of the registrar during the course of repairing a salvage vehicle alters, defaces, obliterates, removes or conceals an identification mark shall upon completion thereof have the salvage vehicle marked by the Manitoba Public Insurance Corporation in accordance with subsection (5).

Offence and penalty.

156.1(8)

Any person who contravenes or violates any provision of subsection (6) or (7) is guilty of an offence and is liable, on summary conviction, to a fine of not less than $1, 000. or to imprisonment for a term of not less than 30 days.

Commencement

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This Act comes into force on a day fixed by proclamation.