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S.M. 2013, c. 21
Bill 2, 3rd Session, 40th Legislature
The Highway Traffic Amendment Act (Safety of Workers in Highway Construction Zones)
(Assented to December 5, 2013)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Highway Traffic Act is amended by this Act.
2 The definition "traffic control device" in subsection 1(1) is amended by striking out "by a traffic authority" and substituting "by or on behalf of a traffic authority, or with its permission,".
3 The English version of the centred heading before section 77 is replaced with "CONTROL OF TRAFFIC BY TRAFFIC AUTHORITIES".
4(1) Subsection 77(1) is amended in the part before clause (a)
(a) by striking out "shall erect" and substituting "of a highway must erect"; and
4(2) Subsections 77(7) to (9) are repealed.
5 The following is added after subsection 77(11):
77.1(1) The following definitions apply in this section.
"designated construction zone" means a portion or length of highway
(a) that is under construction;
(b) where or in respect of which any reconstruction, widening, improvement, repairs or other similar work is being done, or is in progress, by or on behalf of the traffic authority of the highway; or
(c) where or in respect of which work that is prescribed in the regulations is being done or is in progress. (« zone de construction désignée »)
"traffic authority" does not include a person or entity, or a class of persons or entities, that is included in the definition "traffic authority" in subsection 1(1) but is excluded from this definition by regulation. (« autorité chargée de la circulation »)
77.1(2) In accordance with the regulations, a designated construction zone must be identified by traffic control devices placed or erected at its beginning and end that
(a) identify the portion or length of highway as a designated construction zone; and
(b) identify the designated construction zone's beginning and end.
77.1(3) The traffic authority of a highway is primarily responsible for identifying a designated construction zone on the highway but may
(a) arrange for a person to place or erect traffic control devices on its behalf for the purpose of subsection (2); or
(b) give permission for a person who is carrying on an activity in the designated construction zone to erect the traffic control devices.
77.1(4) When complying with subsection (2), the traffic authority, or a person referred to in clause (3)(a) or (b), may place or erect traffic control devices in the designated construction zone
(a) that are approved under subsection 81(1) or a regulation made for the purpose of this section; and
(b) that provide instructions or directions to persons travelling on the highway.
77.1(5) The traffic authority of a highway — or a person referred to in clause (3)(a) or (b) and authorized by the traffic authority for the purpose of this subsection — may, while a designated construction zone is identified on the highway in accordance with subsection (2), establish a maximum permitted speed in all or part of the designated construction zone that is lower than the maximum permitted speed otherwise provided for or fixed under this Act. A traffic authority or other person that exercises this power is not required to obtain the traffic board's approval.
77.1(6) For the purpose of subsection (5), the maximum permitted speed is established when the traffic authority — or a person authorized by it under subsection (4) — places or erects, in accordance with the regulations, traffic control devices stating the maximum permitted speed in the designated construction zone or in the part of the designated construction zone governed by the traffic control devices.
77.1(7) The maximum permitted speed established under subsection (5) applies
(a) whether or not workers are present in the designated construction zone or equipment is being used in it; and
(b) at all hours of the day and on all days of the week, including holidays, unless a traffic control device states that it applies only at certain hours or on certain days, or both.
77.1(8) The traffic authority of a highway may require a person who places or erects a traffic control device to alter it or remove it.
77.1(9) The minister may make regulations
(a) approving traffic control devices for the purpose of this section;
(b) requiring traffic authorities to place or erect specified traffic control devices for specified purposes in relation to designated construction zones;
(c) governing the use of traffic control devices by traffic authorities for the purpose of this section;
(d) respecting the safety of persons and vehicles in designated construction zones or other construction zones;
(e) prescribing work for the purpose of clause (c) of the definition "designated construction zone" in subsection (1);
(f) excluding a person or entity, or a class of persons or entities, from the definition "traffic authority" in subsection (1);
(g) respecting any matter the minister considers necessary or advisable to carry out the purposes of this section.
77.1(10) A regulation made under subsection (9) may be general or particular in its application and may apply to the whole or any part of the province.
6 The following is added after subsection 81(2):
81(3) Subsection (1) does not apply to a traffic control device erected for the purpose of section 77.1 if the device is approved by a regulation made under that section and erected in accordance with the requirements of that section.
7(1) Subsection 95(1) is amended
(a) in subclause (a)(ii), by adding "or a designated construction zone that is identified as required by subsection 77.1(2)" at the end; and
(b) by adding the following after clause (b):
7(2) Subsections 95(1.1) and (1.2) are replaced with the following:
95(1.1) In subsection (1), "designated construction zone" has the same meaning as in subsection 77.1(1).
95(1.2) For the purpose of clause (1)(b.1) (speeding in a designated construction zone), the maximum permitted speed at a place in a designated construction zone is the lesser of
(a) the maximum speed otherwise permitted under clause (1)(a), (b), (c) or (d); and
(b) the maximum permitted speed
(i) established in respect of the place by a traffic control device placed or erected in accordance with section 77.1, and
8(1) Subsection 238(2) is amended
(a) by striking out "Any person who contravenes or fails to comply with subsection 95(1)" and substituting "A person who contravenes or fails to comply with clause 95(1)(a), (b), (c) or (d)"; and
8(2) Subsection 238(2.1) is replaced with the following:
238(2.1) A person who contravenes or fails to comply with clause 95(1)(b.1) (speeding in a designated construction zone) is guilty of an offence and is liable on summary conviction to the fine set out in subsection (2), plus an additional fine of $7.70 for each kilometre per hour that the vehicle was driven over the maximum speed permissible at the place where the offence was committed.
238(2.2) To avoid doubt about the application of the additional fine set out in subsection (2.1), the additional fine applies whether or not
(a) workers were present, equipment was being used or active construction work was being done anywhere in the designated construction zone when the offence was committed; or
8(3) Subsection 238(3) is amended in the part before clause (a) by striking out "Where a person is convicted of an offence under subsection 95(1), (1.2) or (2)" and substituting "When a person is convicted of an offence under subsection 95(1) or (2)".
9 This Act comes into force on a day to be fixed by proclamation.