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S.M. 2022, c. 46

Bill 46, 4th Session, 42nd Legislature

The Highway Traffic Amendment Act

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 give peace officers specific authority to close highways due to road conditions, visibility and other emergency situations. The amendments also give traffic authorities the specific authority to close roads for emergencies and road work. Driving on a closed highway is made an offence.

The amendments also

make a person vicariously responsible if their employee or agent drives on a closed highway in the course of their duties; and

prevent a person who uses a closed highway from suing the traffic authority or the government for injury or other damages.

(Assented to November 3, 2022)

HIS 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   The centred heading before section 76 is replaced with "TRAFFIC CONTROL AND HIGHWAY CLOSURE".

3   The following is added after section 76:

Closing highway due to road conditions, visibility, emergency, etc.

76.0.1(1)   A peace officer may temporarily close a highway if the peace officer considers the use of the highway by drivers to be unsafe as a result of one or more of the following:

(a) road conditions;

(b) reduced visibility;

(c) a serious collision or other emergency or hazardous situation on or near the highway.

How highway is closed

76.0.1(2)   The highway may be closed by placing traffic control devices at each end of the affected length of the highway to advise members of the public that the highway is closed.

Prohibition

76.0.1(3)   A person must not

(a) drive a vehicle on the closed highway; or

(b) cause or permit a vehicle to be driven on the closed highway.

Exemptions — certain drivers

76.0.1(4)   Clause (3)(a) does not apply to

(a) the operator of an emergency vehicle;

(b) the operator of infrastructure equipment; or

(c) a person authorized by a peace officer to drive on the closed highway.

Exemption — cause or permit vehicle to be driven

76.0.1(5)   Clause (3)(b) does not apply to a person who causes or permits a vehicle to be driven on the closed highway by a person who is exempt under subsection (4).

Offence and penalty

76.0.1(6)   A person who contravenes subsection (3) is guilty of an offence and is liable on conviction,

(a) if the vehicle is not a regulated vehicle, to a fine of not more than $2,000 or imprisonment for a term not exceeding one year, or both; and

(b) if the vehicle is a regulated vehicle, to a fine of not more than $5,000 or imprisonment for a term not exceeding one year, or both.

Vicarious responsibility

76.0.1(7)   For the purpose of clause (3)(b), a person is deemed to have caused or permitted a vehicle to be driven on the closed highway if it is driven by someone who

(a) is the person's employee or agent; and

(b) is acting within the general scope of that employment or agency while driving the vehicle.

No liability to person using closed highway

76.0.1(8)   A person using the closed highway does so at their own risk and has no right to compensation or damages against the minister, the government or the traffic authority of the highway or any of their officers, employees or agents for any injuries or damages sustained while using the highway.

Interpretation

76.0.1(9)   For the purpose of this section, the closing of a highway means the closing of the entire highway or a portion of the highway, as the case may be.

4   Subsection 79(6) is amended by striking out "A traffic authority" and substituting "Subject to section 79.1, a traffic authority".

5   The following is added after section 79:

How highway is closed

79.1(1)   If a traffic authority uses its authority under subsection 79(6) to close a highway, the highway may be closed by placing traffic control devices at each end of the affected length of the highway to advise members of the public that the highway is closed.

Prohibition

79.1(2)   A person must not

(a) drive a vehicle on the closed highway; or

(b) cause or permit a vehicle to be driven on the closed highway.

Exemptions — certain drivers

79.1(3)   Clause (2)(a) does not apply to

(a) the operator of an emergency vehicle;

(b) the operator of infrastructure equipment; or

(c) a person authorized by a peace officer to drive on the closed highway.

Exemption — cause or permit vehicle to be driven

79.1(4)   Clause (2)(b) does not apply to a person who causes or permits a vehicle to be driven on the closed highway by a person who is exempt under subsection (3).

Offence and penalty

79.1(5)   A person who contravenes subsection (2) is guilty of an offence and is liable on conviction,

(a) if the vehicle is not a regulated vehicle, to a fine of not more than $2,000 or imprisonment for a term not exceeding one year, or both; and

(b) if the vehicle is a regulated vehicle, to a fine of not more than $5,000 or imprisonment for a term not exceeding one year, or both.

Vicarious responsibility

79.1(6)   For the purpose of clause (2)(b), a person is deemed to have caused or permitted a vehicle to be driven on the closed highway if it is driven by someone who

(a) is the person's employee or agent; and

(b) is acting within the general scope of that employment or agency while driving the vehicle.

No liability to person using closed highway

79.1(7)   A person using the closed highway does so at their own risk and has no right to compensation or damages against the minister, the government or the traffic authority of the highway or any of their officers, employees or agents for any injuries or damages sustained while using the highway.

Interpretation

79.1(8)   For the purpose of this section, the closing of a highway means the closing of the entire highway or a portion of the highway, as the case may be.

Coming into force

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