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S.M. 2010, c. 19
Bill 21, 4th Session, 39th Legislature
The Highway Traffic Amendment Act (Immobilizers and Air Bags)
(Assented to June 17, 2010)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following is added after section 205:
The following definitions apply in this section.
"approved theft deterrent immobilizer" means an electronic immobilization system for motor vehicles that is approved for use in Canada as an approved theft deterrent system by the Insurance Bureau of Canada. (« dispositif d'immobilisation antivol approuvé »)
"immobilization system" means any of the following:
(a) an immobilization system that meets the requirements of section 114 of Schedule IV to the Motor Vehicle Safety Regulations, C.R.C., c. 1038, whether it is installed in the motor vehicle by its manufacturer at the time of manufacture or by any person after that time;
(b) an electronic immobilization system that meets the requirements of paragraph (a) of subsection 12(4.1) of the Motor Vehicle Safety Regulations, C.R.C., c. 1038, and is in a motor vehicle that was imported into Canada in the circumstances described in that subsection;
(c) an approved theft deterrent immobilizer. (« système d'immobilisation »)
Subject to the regulations under this Act respecting approved theft deterrent immobilizers, no person whose business is servicing or modifying motor vehicles shall disable or interfere with the proper functioning of a motor vehicle's immobilization system or remove it from the vehicle, unless
(a) it is necessary to do so to repair the immobilization system or to service or modify the vehicle;
(b) the owner has consented; and
(c) without delay after completing the service, repair or modification, the person ensures that the immobilization system is re-enabled or re-installed and is functioning properly.
A person who contravenes subsection (2) or a provision of the regulations governing the installation, removal, repair and reinstallation of approved theft deterrent immobilizers is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.
In this section, "air bag" means
(a) an air bag as defined in section 2 of the Motor Vehicle Safety Regulations, C.R.C., c. 1038, with which a motor vehicle is equipped; and
(b) all the related systems in the motor vehicle for deploying the air bag and monitoring its functioning.
Except as permitted by subsection (3), no person shall disable or interfere with the proper functioning of an air bag in a motor vehicle or remove it from the vehicle, unless
(a) it is necessary to do so to repair the air bag or to service or modify the motor vehicle; and
(b) without delay after completing the service, repair or modification, the person ensures that the air bag is re-enabled or re-installed and is functioning properly.
As exceptions to subsection (2),
(a) a person may install a manual cut-off switch in a motor vehicle to disable an air bag if the person's installation of the cut-off switch is authorized for the vehicle under the Motor Vehicle Safety Regulations, C.R.C., c. 1038, and other persons may disable the air bag by means of the cut-off switch;
(b) if the owner of a motor vehicle has written permission from Transport Canada to have an air bag in the vehicle disabled,
(i) a person may install a device in the motor vehicle that disables the air bag, or may disable the air bag in another manner, if he or she complies with the conditions of the permission, and
(ii) other persons may disable the air bag by means of the disabling device;
(c) a recycler may remove an air bag from a motor vehicle that he or she is recycling or that is being recycled by another recycler; and
(d) a person may remove an air bag from a motor vehicle if
(i) the vehicle is not registered under The Drivers and Vehicles Act or under a comparable Act in another jurisdiction,
(ii) the person owns the vehicle or has permission from its owner to remove the air bag, and
(iii) the vehicle is being dismantled for parts or destroyed for scrap.
A person who contravenes subsection (2) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.
This Act comes into force on the day it receives royal assent.