Français

C.C.S.M. c. D104

The Drivers and Vehicles Act

Back to the Act

Table of Contents

PART 1
DEFINITIONS AND INTERPRETATION
1 Definitions
(2) Application of Highway Traffic Act definitions
(3) Meaning of other words and expressions
(4) Interpretation
PART 2
ADMINISTRATION OF THIS ACT
2 Designation of administrator
(2) Administrator's duties and powers
(3) Directions by minister
(4) Delegation
3 Appointment of Registrar of Motor Vehicles
(2) Appointment of Deputy-Registrar
(3) Registrar may delegate
PART 3
DRIVER LICENSING
REQUIREMENT FOR A DRIVER'S LICENCE
4 Driver's licence required to drive motor vehicle
(2) Driver's licence required for certain other vehicles
5 Restricted licences
6 General restrictions on issuing a driver's licence
(2) Notice of refusal to issue driver's licence
(3) Appeal against refusal
(4) Issuing driver's licence to a temporary resident
6.1 [Repealed]
DRIVING BY NEW RESIDENTS OF MANITOBA
7 Temporary validity of out-of-province driving permit
NOVICE DRIVERS
8 Regulations respecting novice drivers
(2) Application of regulations
(3) Offence and penalty
(4) Saving
(5) Defence of novice driver to charge re supervising driver's qualifications
9 Stages for novice drivers
(2) Exemption for existing licences
APPLYING FOR A DRIVER'S LICENCE
10 Applying for a driver's licence
(2) [Repealed]
10.1 and 10.2 [Repealed]
11 Form and content of a driver's licence generally
(2) Certain drivers' licences must display photo
(3) [Repealed]
(4) Non-complying driver's licence is not valid
12 Proof of age
(2) Documents as proof of identity and residence
13 Change of name or address
14 Declaration by applicant
(2) Specific declarations
(3) [Repealed]
15 Refusal of driver's licence to incompetent person
(2) Giving cancellation notice
(3) [Repealed]
(4) Examination of applicant
(5) When person passes examination
(6) When person does not pass examination
16 Issuing replacement licence
(2) Return of replacement driver's licence
17 Care and production of licence
MEDICAL REQUIREMENTS
18 Medical report required
(2) Content of notice under subsection (1)
(3) Temporary suspension
(4) Content of notice under subsection (3)
(5) When all reports not provided
(6) No appeal
(7) Registrar's action re person without disease or disability
(8) If registrar satisfied person has a disease or disability
(9) Methods of giving certain notices
(10) [Repealed]
(11) Methods of giving other notices
18.1 Registrar must be notified of changes in health
19 Appeal to medical review committee
20 No action against physician, optometrist or agency
REQUIREMENT FOR
IMPAIRED DRIVER ASSESSMENT
21 Definition: "motor vehicle"
(2) Reinstatement of impaired persons
(3) Transitional — reinstatement
22 Definitions
(1.1) [Repealed]
(2) Notice for impaired driver assessment
(2.1) Transitional — impaired driver assessments
(3) Content of notice
(4) Suspension or disqualification
(5) No appeal
22.1 One impaired driver assessment per incident
23 When assessment indicates disease or disability
(2) Appeal to medical review committee
ISSUING DRIVERS' LICENCES
TO MINORS
24 Restriction on issue of licences to minors
(2) Cancellation of licence issued to minor
DRIVER'S LICENCE EXAMINATIONS
25 Charges for examinations
(2) Authorized examiners
26 Examination before issue of licence
27 Particulars of examination
28 Exemption from examination
(2) When examination may not be required
(3) Exemption from driving test for certain employees
DRIVER IMPROVEMENT MEASURES
29 Further examination, interview or course required
(2) Failure to comply
(3) Temporary licence
(4) Issuing a lower class of driver's licence
DRIVER'S LICENCE PERIODS
30 Driver's licence periods
NON-RESIDENT DRIVERS
31 Driving by non-resident without Manitoba licence
(2) Delivery of permits issued outside Manitoba
(3) Driving by students with out-of-province driving permits
31.1 [Repealed]
REGULATIONS
32 Regulations
(2) Application of regulations
PART 4
REGISTRATION OF VEHICLES
OTHER THAN OFF-ROAD VEHICLES
33 [Repealed]
REQUIREMENT TO REGISTER
34 Registration and number plate requirements
WHEN CERTAIN VEHICLES ARE
DEEMED TO BE REGISTERED
35 Drive-away units
(2) Dealers' number plates
(3) Repairers' number plates
(4) Collector number plates
36 Exception for certain vehicles
(2) Vehicles of Department of National Defence
NON-RESIDENTS AND
37 Application to vehicles of non-residents
(2) Exception re certain vehicles
(3) Exception re vehicles of students
(4) Exception re extra-provincial temporary permits
(5) Exception re extra-provincial commercial vehicles
HOW TO REGISTER A VEHICLE
38 Application for registration
(2) Amounts payable to register a vehicle
(3) Exemption from registration charge
(4) Issuing registrations
(5) How long a registration card or registration permit is valid
(6) Inspection to determine vehicle's registration class
39 Documentation required to register
(2) Examples of documentation
40 Persons eligible to register
(2) Age requirement for individuals
(3) When property in vehicle held as security
(4) Joint, common and partnership interests
(5) When two or more persons eligible to register
(6) Insurance certificate required
(7) Registration card combined with insurance certificate
FALSELY OBTAINED REGISTRATIONS
41 Registrations by corporations
(2) Use of registration card or permit of non-existent corporation
(3) Registration falsely obtained
VEHICLE IDENTIFICATION NUMBERS
42 Missing vehicle identification numbers
(2) Exceptions
(3) Assignment of vehicle identification number
REGISTRATION REQUIREMENTS FOR
CERTAIN VEHICLES AND CANCELLATION
IN CERTAIN CIRCUMSTANCES
43 Registration of hazardous vehicles prohibited
(2) Registration of non-conforming vehicles
44 Application
(2) Inspection certificate required for registration
45 Cancelling registration
46 Cancelling registration — irreparable vehicle
(2) No registration of irreparable vehicle
47 Cancelling registration — salvageable motor vehicle
(2) Replacement registration for rebuilt vehicle
(3) New registration for rebuilt vehicle
(4) Registration card to indicate vehicle rebuilt
(5) Exception
48 Registration of commercial trucks
49 Refusal or cancellation where reciprocal or special arrangement
50 [Repealed]
51 Registration of farm trucks
52 Definition of "remote community"
(2) Restricted registration for remote communities
(3) Prohibition re vehicles restricted to remote communities
53 Definition of "antique motor vehicle"
(2) Restrictions on use of antique motor vehicles
TRANSFER OF REGISTRATION
54 Registration expires on transfer of ownership
(2) Return of plates by new owner
55 Replacement of vehicle
(2) Transfer of registration on death of registered owner
(3) Vehicle transferred to another owner
(4) Transfer of fleets of vehicles
(5) [Repealed]
56 [Repealed]
PRODUCTION OF REGISTRATION CARD
57 Production of registration card to registrar or justice
CHANGE OF NAME AND ADDRESS
58 Change of name or address
NUMBER PLATES
59 Issuing number plates
(2) Issuing validation and registration class stickers
60 Design of number plates
(2) Ownership of number plates
(3) Number plates on expiry of registration
60.1 "Support Our Troops" licence plates
(2) Use of funds
61 Visibility of number plates
(2) Effect of towing trailer or other vehicle
62 Devices resembling plates and plates of other jurisdictions
(2) Exception
63 Seizing number plates
(2) Peace officer may detain the seized item
(3) Storage of vehicles
64 Dealers' number plates
(2) Use of dealers' number plates generally
(3) Use on salvageable motor vehicles
(4) Use on commercial vehicles
(5) Use of improperly plated vehicle prohibited
65 Repairers' number plates
(2) Use of repairers' number plates generally
(3) Use on salvageable motor vehicles
(4) Use of repairers' number plates on commercial vehicles
(5) Use of improperly plated vehicle prohibited
66 Collector number plates
(2) Use of collector number plates generally
(3) Use on salvageable motor vehicles
(4) Commercial use of collector number plates
(5) Use of improperly plated vehicle prohibited
WRITTEN-OFF MOTOR VEHICLES
67 Notice of written-off motor vehicle
(2) Returning registration card or permit
(3) Driving an irreparable motor vehicle prohibited
(4) Driving a salvageable motor vehicle
REGULATIONS
68 Regulations
(2) Application of regulations
PART 5
REGISTRATION OF
OFF-ROAD VEHICLES
69 Definition of "off-road vehicle dealer"
REQUIREMENT TO REGISTER
70 Registration required
(2) Off-road vehicle dealers' vehicles
71 Exception for certain off-road vehicles
HOW TO REGISTER AN
OFF-ROAD VEHICLE
72 Application for registration
(2) Amounts payable to register an off-road vehicle
73 Issuing registration card
(2) Documentation for registration
(3) Examples of documentation
74 Persons eligible to register
(2) Age requirement for individuals
75 Application of subsections 40(3) to (6), 41(1) and 41(2)
76 Registration falsely obtained
INSURANCE REQUIREMENTS
77 General insurance requirements
(2) Insurance requirements for off-road maintenance machines
(3) Insurance on off-road vehicle dealers' vehicles
(4) Cancellation or change of insurance policy
(5) Interpretation of "material change"
(6) Registration cancelled when insurance cancelled
78 Combined registration card and insurance certificate
VEHICLE IDENTIFICATION NUMBERS
79 Missing vehicle identification numbers
(2) Exceptions
(3) Assignment of vehicle identification number
TRANSFER OF REGISTRATION
80 Effect of transfer of ownership
(2) Exception when off-road vehicle replaced
(3) Transfer of registration on death of registered owner
(4) Exception if vehicle disposed of by one owner to another
81 Production of registration card and evidence of insurance
CHANGE OF NAME AND ADDRESS
82 Change of name or address
NUMBER PLATES
83 Issuing number plates
(2) Issuing validation stickers
84 Design of number plates
(2) Crown owner of plate
85 Visibility of number plates
(2) Effect of towing trailer or other vehicle
86 Number plates on expiry of registration
87 Off-road vehicle dealers' number plates
(2) Use of dealers' number plates generally
88 Seizing number plates
(2) Peace officer may detain the seized item
REGULATIONS
89 Regulations
(2) Application of regulations
PART 6
SUSPENSION AND CANCELLATION OF
DRIVERS' LICENCES
AND VEHICLE REGISTRATIONS
SUSPENSION OR CANCELLATION BY
REGISTRAR FOR CONTRAVENTIONS
90 Registrar's power to cancel or suspend
(1.1) Registrar required to make determination
(2) Notice must be given
(3) Method of giving notice
(4) [Repealed]
91 Reciprocal suspension and cancellation of licences and registrations
(2) Length of suspension or disqualification
(3) Notice to other jurisdictions of suspensions in Manitoba
91.1 Appeals
SUSPENSION OR CANCELLATION BY
REGISTRAR FOR UNPAID CHARGES
92 Dishonoured cheques
(2) Debts to government or Manitoba Public Insurance
(3) Actions by registrar for debts
(4) Length of suspension — subsection (1)
(5) Length of suspension — subsection (2)
(6) Payment of indebtedness
92.1 [Repealed]
NOTICE REQUIREMENT AND
RETURN OF REGISTRATION MATERIALS
93 Notice of suspension or cancellation
(2) Manner and effect of giving notice of suspension
94 Return of registration card on suspension
(2) Recovery of licence by peace officer
REGULATIONS
94.1 Regulations
PART 7
DRIVER TRAINING SCHOOLS,
DRIVING INSTRUCTORS, DEALERS,
SALESPERSONS AND RECYCLERS
DRIVER TRAINING SCHOOL AND DRIVING
INSTRUCTORS' PERMITS REQUIRED
95 Driver training school permit required
(2) School must not use instructor who has no permit
(3) Driving instructor permit required
DEALERS', SALESPERSONS' AND
RECYCLERS' PERMITS REQUIRED
96 Dealer's permit required
(2) Salesperson's permit required
(3) Dealer to require salesperson's permit
(4) Salesperson must be an individual
97 Recycler's permit required
ISSUING PERMITS, AND SUSPENDING
AND CANCELLING PERMITS
98 Application for permit
(2) Permit conditions
(3) Permit not transferable
99 Refusing to issue permit
(2) Refusing to renew or suspending or cancelling permit
100 Notice of proposal to refuse, suspend or cancel
(2) Provisional refusal or suspension
(3) Methods of giving notice
(4) [Repealed]
(5) When submission not made or hearing not arranged
(6) When hearing arranged
101 Voluntary cancellation
102 Permit to continue pending renewal
103 Extending time for submission or hearing request
104 Decision after hearing
(2) Conditions on decision
(3) Decision to be given to applicant or permit holder
(4) Return of suspended or cancelled permit
(5) Recovery of permit by peace officer
105 Reapplication
APPEAL
106 Appeal
PUBLISHING ADMINISTRATIVE DECISIONS
106.1 Definitions
(2) Publishing actions taken against permit holders
(3) Publication of personal information
(4) Restriction on publication of certain information
(5) Publication regardless of appeal
(6) Publication about appeals
INSPECTION OF DEALERS' VEHICLES
BEFORE SALE OR LEASE
107 Inspection certificate on sale or lease of vehicle
(2) Notice to repair
108 Notice to present vehicle for inspection
RECYCLER MUST DELAY DISPOSING
OF CERTAIN VEHICLES
109 Disposal of certain motor vehicles must be delayed
(2) Exception
OFFENCES AND EVIDENCE
110 Offence and penalty
(2) Directors and officers of corporations
(3) Limitation period: clause (1)(a) offences
(4) Limitation period: clause (1)(b) or (c) offences
(5) Liability for employee or agent
(6) Onus
111 Certificate as evidence
PART 8
OFFENCES, PENALTIES,
REGULATIONS AND GENERAL PROVISIONS
INSPECTION AND SEARCH AND SEIZURE
112 Inspectors
113 Definition of "place"
(2) Certificate to be produced
(3) Entering a dwelling place
(4) Inspection
(5) No obstruction
(6) Assistance to peace officer
(7) Removal of records
(8) Admissibility of copies
114 Authority to issue warrant
(2) Search and seizure without warrant
(3) Search and seizure with warrant
(4) Use of force
(5) Preserving status quo
DETENTION OF MOTOR VEHICLES
115 Detention of motor vehicle by peace officer
(2) Order extending period of detention
(3) Extension period must be reasonable
(4) Notice of detention to owner
(5) Personal property to be returned
116 Meaning of "owner"
(2) Disposal of detained vehicle
(3) Change of place of detention
(4) Notice to garage keeper
(5) No removal from detention
(6) Cost of moving and storage
116.1 Registrar or peace officer may seize documents
(2) When a document may be seized
(3) Returning or disposing of document
OFFENCES AND PENALTIES
117 Offence and penalty
(2) Licence suspension or disqualification
118 Saving
119 Benefit of fines
120 Temporary permit on suspension of licence
(2) Effect of temporary permit
121 If conviction quashed
VEHICLE OWNER'S LIABILITY FOR
OFFENCES COMMITTED BY A DRIVER
122 Definition of "owner"
(2) Owner may be charged with driver's offence
(3) Conviction of owner
(4) Owner not guilty when driver is guilty
(5) Owner not guilty when another owner is guilty
(6) Owner penalty
(7) Limitation
122.1 Offences relating to information and records
(2) Penalties
(3) Directors and officers of bodies corporate
REGULATIONS
123 Regulations
(2) Adopting codes, standards and other regulations
(3) Changes
(4) Application of regulations
124 Extension of drivers' licence and registration periods
(2) Effective date of regulation
(3) Validity of licences and registrations continued
(4) Licence and registration charges for next period
RECORDS
125 Records about persons and vehicles
(2) Records of accidents and convictions
(3) Commercial driver records
(4) Registrar's custody and control of records
(5) Peace officer to report certain offences
(6) Offences that are to be reported
(7) Meaning of "charge"
(8) Regulations
126 Meaning of "person about whom the inquiry is being made"
(2) Searches of records in general
(3) Search charges
(4) Limitation on providing information
(5) Limitation on access to information about self
(6) Limited access to drivers' photographs
(7) Limited access to photos re providing services
127 Disclosure of information for tickets
128 Access to information to make drivers' licences
(2) Limit on information provided
(3) Agreement must provide for security of information
129 Definition of "record"
130 Disclosure provisions apply despite restrictions in Act
131 General limit re personal information and personal health information
(2) Other disclosures authorized by law
132 Records provided on request and at no charge
133 Providing information to the appeal board or medical review committee
134 Information to be provided to government
135 Information to be provided for law enforcement
(1.1) Information to be provided to municipalities
(1.2) Providing information to legislative security officers
(2) Limit re personal health information
(3) Registrar may impose conditions to protect privacy
136 Information to be provided under reciprocal and other agreements
(2) Limit re personal health information
137 [Repealed]
AUTHORIZATION OF THIRD PARTIES TO
138 Authorization of third parties
(2) Payment for lost plates, etc.
(3) Agreement with authorized person
CERTIFICATION AND ADMISSIBILITY
OF DOCUMENTS
139 Certificate of registrar as proof
(2) Signature of registrar
(3) Reproduced signature of former registrar
(4) Photographic copies
GENERAL VEHICLE INSPECTION
REQUIREMENTS
140 Vehicle inspection required
(2) Cancellation of registration for failure to comply
(3) Procedure on inspection
(4) Re-inspection after rejection
(5) Re-examination after rejection
(6) Suspension of registration for failure to repair
141 Inspection stations and qualified mechanics
(2) Withdrawal of authorization
142 Inspection of unsafe vehicles and trailers
(2) Cancellation of registration for failure to comply
(3) Cancellation of registration following inspection report
143 Reporting suspected contraventions
(2) Protection from liability
(3) Adverse employment action prohibited
LIABILITY PROTECTION FOR OFFICIALS
144 Protection from liability
GIVING NOTICES
145 Method of giving notice
(2) [Repealed]
145.1 Evidence of receipt by registered mail
145.2 Evidence of receipt by e-mail
(2) E-mail notice not received
145.3 Regulations respecting notices
WAIVING CHARGES FOR SERVICES
146 Administrator may waive charges
147 [Repealed]
MERIT AND DEMERIT STATUS OF
CANADIAN FORCES MEMBERS
148 Definitions
(2) Application of this section
(3) Merit consideration for Canadian Forces members
149 Merit and demerit status: Canadian Forces
(2) Forces member must provide information
(3) Forces member may provide additional information
(4) Information must be acceptable to the registrar
(5) Registrar may determine merits and demerits
FACIAL RECOGNITION SOFTWARE
149.1 Definition of "facial recognition software"
(2) Using facial recognition software
(3) Comparing images
(4) Regulations
PILOT PROJECTS
149.2 Pilot projects under Highway Traffic Act
(2) Pilot project may conflict
(3) Pilot project prevails over this Act
(4) Minister responsible for this Act must concur with alterations
PART 8.1
IDENTIFICATION CARDS
150 Meaning of "identification card"
IDENTIFICATION CARD IS VOLUNTARY
150.1 Identification card is voluntary
(2) [Repealed]
APPLYING FOR AN IDENTIFICATION CARD
150.2 Applying for an identification card
(2) [Repealed]
ADMINISTRATOR RETAINS CHARGES
150.3 Administrator may retain charge revenue
FORM AND CONTENT OF
150.4 Form and content of an identification card generally
(2) Identification card must display photo of holder
(3) [Repealed]
(4) Non-complying identification card is not valid
REQUIREMENT TO PROVE AGE
AND OTHER PARTICULARS
150.5 Proof of age
(2) Documents as proof of identity and residence
DECLARATION BY APPLICANT
150.6 Declaration by applicant
(2) [Repealed]
WHEN A CARD MUST NOT BE ISSUED
150.7 Restrictions on issuing an identification card
(2) Issuing to a temporary resident
(3) [Repealed]
(4) Notice of refusal to issue an identification card
(5) No appeal against refusal
(6) Review of decision to refuse identification card
CHANGE OF NAME OR ADDRESS
150.8 Change of name or address
PERIOD OF VALIDITY
150.9 Period of validity of an identification card
RECORDS AND INFORMATION SECURITY
150.10 Records
(2) Duty to adopt security safeguards
150.11 Limited access to photographs
(2) Limit on access to photos re providing services
150.12 Access to information to make identification cards
(2) Limit on personal information provided
(3) Agreement must provide for security of information
150.13 Access to information by certain persons
(2) Limits on personal information provided
150.14 Other disclosures authorized by law
150.15 [Repealed]
OFFENCES AND PENALTIES
150.16 Offences
(2) Penalty
(3) Exception re parents and others
REGULATIONS
150.17 Regulations
(2) Application of regulations
PART 9
CONSEQUENTIAL AMENDMENTS
TO OTHER ACTS
151 to 162 [amendments to other Acts]
PART 10
TRANSITIONAL PROVISIONS,
C.C.S.M. REFERENCE AND
COMING INTO FORCE
TRANSITIONAL PROVISIONS
163 Definition of "former Act"
164 Status of existing driver's licences
(2) Suspension and cancellation of deemed drivers' licences
(3) Licence suspensions under the former Act
(4) Continuation of requirements
165 Driving records continued
(2) Merit marks and demerit points carried forward
(3) Awarding merit marks for a transitional period
(4) Considering past driving record and performance
166 Status of existing motor vehicle and trailer registrations
(2) Suspension and cancellation of deemed registrations
(3) Registration suspensions under the former Act
(4) Continuation of requirements
167 Status of existing off-road vehicle registrations
(2) Suspension and cancellation of deemed registrations
(3) Registration suspensions under the former Act
(4) Continuation of requirements
168 Application of section
(2) Status of existing dealers' and other permits
(3) Suspension and cancellation of deemed permits
(4) Suspensions of dealers' and other permits under the former Act
(5) Continuation of requirements
169 Status of applications under former Act
170 Registrar's certificates re prosecutions
(2) Registrar's certificates re other proceedings
C.C.S.M. REFERENCE AND
COMING INTO FORCE
171 C.C.S.M. reference
172 Coming into force