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The Highway Traffic Amendment Act (Control of Traffic by Flag Persons)

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S.M. 2021, c. 25

Bill 23, 3rd Session, 42nd Legislature

The Highway Traffic Amendment Act (Control of Traffic by Flag Persons)

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill amends The Highway Traffic Act to enable traffic authorities to authorize a flag person to temporarily control traffic on behalf of a third party, such as a festival organizer or a film production company.

(Assented to May 20, 2021)

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

C.C.S.M. c. H60 amended

1

The Highway Traffic Act is amended by this Act.

2

Subsection 1(1) is amended

(a) by adding the following definition:

"flag person" means a person temporarily controlling traffic on a portion of a highway in accordance with subsection 77(10); (« signaleur »)

(b) in the definition "peace officer", by striking out "and" at the end of clause (a), adding "and" at the end of clause (b) and adding the following after clause (b):

(c) a flag person, but only for the purpose of exercising the powers of a flag person under subsection 77(10) or section 134 of this Act;

3

Subsections 77(10) and (11) are replaced with the following:

Control of traffic by flag persons

77(10)

A traffic authority may

(a) authorize or direct a flag person to temporarily control traffic on a portion of a highway under the authority's jurisdiction; or

(b) authorize or direct a person or entity to temporarily control traffic on a portion of a highway under the authority's jurisdiction by means of one or more flag persons.

Observance of flag person's direction

77(11)

Every driver of a vehicle must comply with the directions given by a flag person.

4

Clause 112(5)(d) is amended by striking out ", a peace officer or flagman" and substituting "or a peace officer".

5

Subsection 134(1) is amended by replacing the definition "flag person" with the following:

"flag person" includes a crew member of a railway train or employee of a railway company who, in connection with a train's operation, directs traffic or warns people on a highway. (« signaleur »)

6

Subsection 210(2) is amended by striking out "a flagman who is authorized by, or who is an employee of, the traffic authority, or a peace officer," and substituting "a peace officer".

Coming into force

7

This Act comes into force on the day it receives royal assent.