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S.M. 1999, c. 13
THE HIGHWAY TRAFFIC AMENDMENT ACT
(Assented to July 14, 1999)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Subsection 177(3) is repealed and the following is substituted:
No person shall drive a tractor, or drive or tow an implement of husbandry, at a speed that is more than the lesser of
(a) the lowest maximum rated speed of the tires of the tractor or implement, as indicated on the side walls of the tires; and
Subsection 180(2.1) is repealed and the following is substituted:
A farm truck may be used
(a) by a member of a municipal council, or of the council of a local government district, in the course of performing his or her duties and functions as such; and
Subsection 214(1) is repealed and the following is substituted:
Subject to subsection (2), no person
(a) shall use a radio receiving apparatus in a motor vehicle, whether permanently installed in the vehicle or not; or
(i) equip a motor vehicle with, or
(ii) operate a motor vehicle equipped with,
a radio receiving apparatus;
The following is added after subsection 214(2):
A peace officer who finds
(a) a person using a radio receiving apparatus; or
(b) a motor vehicle that is equipped with a radio receiving apparatus;
of the kind prohibited by subsection (1) may seize the device after laying a charge under subsection (1).
Where a radio receiving apparatus has been seized by a peace officer under subsection (2.1), the judge or justice hearing any proceeding under subsection (1) in relation to the apparatus may order it confiscated or returned to its owner, subject to such conditions as the judge or justice considers appropriate.
Subsection 281(1) is amended by striking out "and" at the end of clause (m), by adding "and" at the end of clause (n) and by adding the following after clause (n):
Section 298 is repealed and the following is substituted:
The driver of a public service vehicle or commercial truck shall while the vehicle or truck is being driven on a highway have a copy of the certificate or permit for the vehicle in his or her possession, and shall without delay produce it to a peace officer or inspector on demand.
Section 298.1 is repealed and the following is substituted:
The driver of a public service vehicle or a commercial truck having a registered gross weight of 4,500 kg or more, and every other person who holds a licence authorizing him or her to drive the vehicle or truck and who is in the vehicle or truck for the purpose of driving it, shall while the vehicle or truck is being driven on a highway have in his or her possession a record of his or her hours of service in the form prescribed by the regulations and shall without delay produce the record to a peace officer or inspector on demand.
Subsection 300(1) is repealed and the following is substituted:
The transport board may, for cause, do one or more of the following by order:
(a) suspend and, after 10 days' notice to the holder of a certificate and granting the holder an opportunity to be heard, revoke, alter or amend the certificate;
Subsection 300(3.1) is repealed and the following is substituted:
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 kg 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 do one or more of the following by order:
(a) direct the registrar to do one or both of the following:
(i) to cancel or suspend the registration of any truck, or combination of vehicles, of a registered gross vehicle weight in excess of 4,500 kg in the name of the owner,
(ii) to refuse to register any truck, or combination of vehicles, of a registered gross vehicle weight in excess of 4,500 kg in the name of the owner,
either absolutely or for a specified period of time;
Subsection 300(3.3) is amended
(a) in the part before clause (a), by striking out "subsection (3.1) or imposing a fine under subsection (3.2)" and substituting "clause (3.1)(a) or imposing a fine under clause (3.1)(b)"; and
(b) by repealing clause (b) and substituting the following:
Subsection 322.1(3) is repealed and the following is substituted:
Where the minister, after a review of the record maintained under subsection (1) and on the basis of a rating under subsection (2) or otherwise, is not satisfied that the motor carrier is complying adequately with this Act and the regulations, the minister may do one or more of the following:
(a) order the motor carrier to do such things as the minister considers reasonably necessary to improve compliance, including any one or more of the following:
(i) to submit to one or more audits of the motor carrier's operations by a third party auditor designated by the minister,
(ii) to limit the size of the motor carrier's fleet,
(iii) to institute a safety plan acceptable to the minister,
(iv) to retain an auditor at the motor carrier's expense to develop a safety plan for the purposes of subclause (iii),
or any similar thing;
(b) adjust the motor carrier's safety fitness rating;
(c) revoke the motor carrier's safety fitness certificate;
The following is added after subsection 322.1(4):
A motor carrier in respect of whom the minister makes an order or takes an action, or on whom the minister imposes a penalty, under subsection (3) may appeal the order, action or penalty to the transport board in the manner set out in the regulations.
Upon considering or hearing an appeal in accordance with the regulations and any rules of procedure made under subsection 326(17), the transport board may do one or more of the following by order:
(a) uphold the minister's order or action, or the penalty, or any combination of them;
(b) set aside the minister's order or action, or the penalty, or any combination of them;
Section 331 is amended by renumbering it as subsection 331(1) and by adding the following as subsection 331(2):
The minister may waive any fee payable under this Act if he or she is satisfied that it is in the public interest to do so or that hardship or injustice has resulted or is likely to result from the requirement to pay the fee.
This Act comes into force on the day it receives royal assent.