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C.C.S.M. c. H60
The Highway Traffic Act
| PART VI | |
| PROHIBITIONS, OFFENCES, AND PENALTIES | |
| DIVISION I | |
| PROHIBITIONS | |
| AS TO REGISTRATIONS, LICENCES AND PERMITS | |
| 168(1) | Age limit for registration |
| (2) | Limitation on registration by minors |
| (3) | Cancellation of registration issued to minor |
| 169 | Prohibition of truck registration |
| 170(1) | Prohibitions respecting registrations, use of licences, cards, etc. |
| (2) | Offence and penalty |
| (3) | Additional penalty |
| (4) | Seizure of registration card, licence or other things |
| (5) | Disposition of seized items |
| 171(1) | Removing or defacing vehicle identification numbers |
| (1.1) | Application of clause (1)(a) |
| (2) | Alteration or illegal use of plates |
| (3) | Offence and penalty |
| (4) | Seizure of number plates or other things |
| (5) | Disposition of seized items |
| 172(1) | Misrepresenting model year |
| (2) | |
| 173(1) | Driver's licence required |
| (2) | Compliance with restricted licence |
| 174(1) | Prohibitions as to age and health |
| (2) | Non-application of clause (1)(a) |
| (3) | Minimum age for driving certain vehicles |
| (4) | |
| 175(1) | Driving of overweight vehicles prohibited |
| (2) | |
| 176(1) | Complying with conditional or restricted registration |
| (2) | |
| 177(1) | Unduly slow speed prohibited |
| (2) | |
| (3) | Maximum speed for tractors and implements of husbandry |
| (4) | Restriction on speed of special mobile machines |
| (4.1) | Exception |
| (5) | |
| 178(1) | Warning device on slow vehicles |
| (2) | Where subsection (1) not applicable |
| 179(1) | Unnecessary noise or smoke |
| (2) | Unnecessary noise |
| 180(1) | Registration of farm truck |
| (1.1) | Prohibition re operating beacons |
| (2) | Authorized use of farm truck |
| (2.1) | Use of farm truck by municipal councillors etc. |
| (3) | Limitation on use of farm truck |
| (4) | Farm truck not to be used for hire |
| (4.1) | |
| (5) | Operation of farm truck for limited compensation |
| (6) | Identification of livestock |
| 181 | Towing of vehicles transporting hazardous commodities |
| 182(1) | Moving vehicle not under control prohibited |
| (2) | Passengers not to block view of driver |
| (3) | Undue crowding on front seat prohibited |
| (4) | Obstruction of view |
| (5) | No plastic, etc. to be applied to windows |
| (6) | Certain types of glass prohibited |
| (7) | Driving vehicle with plastic applied to windows prohibited |
| (8) | Use of frost shields excepted |
| (9) | Occupancy of "bucket" seats |
| (10) | |
| 183(1) | Dangerous riding |
| (2) | Riding in house trailer |
| (3) | Driver's responsibility for house trailer |
| (4) | Definition of "house trailer" |
| 184(1) | Driver of motorcycle or moped to be on the seat |
| (2) | Position of seat on motorcycle or moped |
| (3) | Limitation on carriage of passengers on motorcycles |
| (4) | Position of passenger seat, etc. |
| (5) | Responsibility of driver |
| (6) | Restriction on carrying passengers on a moped |
| (7) | Transporting objects on moped |
| (8) | Transportation of infant on mopeds |
| 185(1) | Mopeds not to operate on certain Provincial Trunk Highways |
| (2) | Exception |
| 186(1) | Seat belt assembly |
| (2) | Condition of seat belt assembly |
| (3) | Seat belt required by driver |
| (4) | Seat belt required by passenger |
| (5) | Wearing seat belts not required |
| (6) | Age restriction |
| (7) | Medical or physical restrictions |
| (8) | Driving while on duty |
| (9) | Child restraints required |
| (10) | Requirement for seat belts on sale of motor vehicle |
| (11) | Removal of seat belts prohibited |
| (12) | Offence and penalty |
| (13) | Minors not subject to penalty |
| (14) | Regulations |
| 187(1) | Helmets required when on a motorcycle or moped |
| (2) | Where helmets not required |
| (3) | |
| (4) | Regulations |
| 188(1) | Definition of "drive carelessly" |
| (2) | Prohibition of careless driving |
| (3) | Offence and penalty |
| (4) | Licence suspension or disqualification |
| 189(1) | Racing on highway prohibited |
| (2) | Offence and penalty |
| (3) | Licence suspension or disqualification |
| 189.1(1) | Offence re damaging a highway |
| (2) | Offence by vehicle owner |
| (3) | Penalty |
| 190(1) | Safety zones |
| (2) | |
| 191 | Prohibition of certain U-turns |
| 192 | Limitation respecting backing up |
| 193(1) | Prohibition of driving on sidewalk |
| (2) | Driving on a dividing section |
| 194(1) | Entering limited access highways |
| (2) | Leaving limited access highways |
| 195(1) | Driving on median and right-of-way prohibited |
| (2) | Exceptions |
| 196(1) | Limitation on locking wheels |
| (2) | Moving dangerous objects prohibited |
| 197(1) | Definition of "air cushion vehicle" |
| (2) | Restriction of hovercraft on highways |
| (3) | Responsibility of owner of air cushion vehicle |
| 197.1(1) | Aircraft use of highways prohibited |
| (2) | Exceptions for emergency landings, etc. |
| (3) | By-laws by traffic authorities |
| (4) | By-laws subject to regulations in certain cases |
| (5) | By-laws affecting departmental roads |
| (6) | Withdrawal of approval |
| (7) | Offence and penalty |
| 198 | Cleaning of livestock vehicles |
| AS TO USE OF MOTOR VEHICLE BY PERSONS | |
| 199(1) | Permitting vehicle to be driven by unauthorized person prohibited |
| (2) | Hiring vehicle to unauthorized person prohibited |
| 200 | |
| 201(1) | Operating vehicle without owner's consent |
| (2) | Definition of "owner" |
| 202 | Use of old school buses |
| 203(1) | Radar detection devices |
| (2) | Seizure of radar detecting device |
| (3) | Disposition of seized device |
| AS TO EQUIPMENT | |
| 204(1) | Driving without required equipment |
| (2) | Application of subsection (1) to other vehicles |
| (3) | Non-application of clauses (1)(a), (c) and (d) |
| 205(1) | Standards of vehicles for manufacturers and distributors |
| (2) | Compliance by dealer with standards |
| (3) | Modification re standards |
| (4) | Standards of components |
| (5) | Offence and penalty |
| 206(1) | Retreading and recapping tires |
| (2) | Sale of retreads, etc. |
| (3) | New tires to comply with safety standards |
| (4) | |
| 207 | Operating altered motorcycle |
| 207.1 | Offence and penalty re inspection certificates |
| GENERAL PROVISIONS | |
| 208 | Precautions on opening doors |
| 209 | Tampering with motor vehicle prohibited |
| 210(1) | Removal, etc., of traffic control devices forbidden |
| (2) | Temporary traffic control devices |
| (3) | |
| 210.1 | Removal, etc., of image capturing enforcement system forbidden |
| 211(1) | Requirements as to carrying explosive material, etc. |
| (2) | Prohibition of carriage of certain dangerous things |
| (3) | Conditions of carriage of certain dangerous things |
| (4) | Section subject to Explosives Act |
| 212 | Agreements respecting enforcement |
| 213(1) | Limitation as to carrying liquor |
| (2) | |
| 214(1) | Certain radio receivers prohibited |
| (2) | Exception |
| (2.1) | Seizure of radio receiving apparatus |
| (2.2) | Disposition of seized radio receiving apparatus |
| (3) | T.V. sets in vehicles prohibited |
| (4) | Operation of T.V. sets in vehicles |
| 215 | Use of radio headphones prohibited |
| 216(1) | Certain marking prohibited |
| (2) | Order for change of marking |
| (3) | Effect of order |
| 217(1) | No depositing of rubbish or other injurious matter on highways |
| (2) | Removal of injurious material |
| (3) | Removal of broken glass from highway |
| (4) | Warning as to obstructions placed on highway |
| 218(1) | Prohibition of cattle on highway |
| (2) | Saving |
| (3) | No civil liability |
| (1) and (2) | |
| (3) | Limitation of towing by tractor |
| 220 | Tow truck equipment |
| AS TO PARKING AND LEAVING VEHICLES | |
| 221(1) | Requirements on leaving vehicle |
| (2) | Reasonable justification |
| (3) | Vehicles standing on a grade |
| (4) | Where subsection (1) not applicable |
| 222(1) | Where parking off roadway required |
| (2) | Obstruction of traffic prohibited |
| 223(1) | Parking in alleys |
| (2) | Approval of by-law |
| (3) | Terms of approval |
| (4) | Definition of "alley" |
| FALSE STATEMENTS | |
| 224(1) | False statements an offence |
| (2) | Offence and penalty |
| (2.1) | Additional penalty |
| (2.2) | Seizure of licence, permit or registration card |
| (3) | Limitation not applicable |
| DRIVING BY DISQUALIFIED PERSONS, ETC. | |
| 225(1) | Driving motor vehicle while disqualified or prohibited |
| (1.1) | Driving off-road vehicle while disqualified or prohibited |
| (1.2) | Driving other vehicle while disqualified or prohibited |
| (2) | Driving an unregistered vehicle by owner prohibited |
| (3) | Driving of unregistered vehicle by other persons |
| (4) | Owner not to permit the driving of an unregistered vehicle |
| (4.1) | Owner not to permit the unlicensed driving of other vehicle |
| (5) | Penalties for contravention of subsection (1), (1.1) or (1.2) |
| (5.1) | Defence of accused re motor vehicle |
| (5.2) | Defence of accused re off-road vehicle |
| (5.3) | Defence of accused re other vehicle |
| (6) | Limitation on prosecution |
| 226(1) | Driving without liability insurance card |
| (2) | Driving without certificate of insurance |
| (3) | Production of proof of insurance |
| (4) to (8) | |
| (9) | Offence and penalty |
| 227(1) | Drunken driving of vehicles other than motor vehicles |
| (2) | Offence and penalty |
| CONVICTIONS QUASHED | |
| 228 | Where conviction quashed |
| 229(1) | Definition of "owner" |
| (2) | Owner may be charged with driver's offence |
| (2.1) | Conviction of owner |
| (3) | Owner not guilty when driver is guilty |
| (3.1) | Owner not guilty when another owner is guilty |
| (4) | Owner penalty |
| (5) | Limitation |
| PROHIBITIONS — GENERAL | |
| 230 | Standing vehicle contrary to traffic control device an offence |
| 231 and 232 | |
| 233 | Cruelty to livestock prohibited |
| 234 | Removal of traffic tickets, etc., forbidden |
| 235(1) | Offence respecting evidence of insurance |
| (2) and (3) | |
| PARKING LOTS | |
| 236(1) | Offences on parking lots |
| (2) | Offences in "pay" parking lots |
| (3) | Where section not applicable |
| 237(1) | Sale of motor vehicle to person under 16 prohibited |
| (2) | Penalties |
| DIVISION II | |
| OFFENCES AND PENALTIES | |
| 238(1) | |
| (2) | Penalty for speeding offences |
| (2.1) | Penalty for speeding when road workers present |
| (3) | Additional suspension |
| 239(1) | General offences and penalties |
| (2) | Licence suspension or disqualification |
| 239.1 | |
| 239.2(1) | Increased penalties for offences resulting in death |
| (2) | Licence suspension or disqualification |
| 239.3 | Limitation period — offences resulting in death |
| 240 | Saving |
| PART VII | |
| ENFORCEMENT PROVISIONS AND SUSPENSION OF REGISTRATION AND LICENCES | |
| DIVISION I | |
| ENFORCEMENT PROVISIONS | |
| ARREST WITHOUT WARRANT | |
| 241(1) | Arrest without warrant |
| (2) | Assistance of peace officer |
| INSPECTION AND SEARCH AND SEIZURE | |
| 241.1(1) | 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 |
| (9) | Authority to issue warrant |
| (10) | Search and seizure without warrant |
| (11) | Search and seizure with warrant |
| (12) | Use of force |
| (13) | Preserving status quo |
| DETENTION OF VEHICLE | |
| 242(1) | Detention of motor vehicle by peace officer |
| (2) | Order for extending period of detention |
| (3) | Period of extension to be reasonable |
| (4) | Notification of detention to owner |
| (5) | Personal property to be returned |
| (6) | Person arrested brought before a justice |
| (7) | Disposal of vehicle detained |
| (8) | Change of place of impoundment |
| (9) | Notice to garage keeper |
| (10) | No removal from detention |
| (11) | Cost of moving and storage |
| (12) | Meaning of "owner" |
| SEIZURE AND IMPOUNDMENT OF VEHICLES FOR CERTAIN OFFENCES | |
| Definitions | |
| 242.1(1) | Definitions |
| Seizure of Vehicles | |
| (1.1) | Seizure and impoundment of certain vehicles |
| Delaying Impoundment | |
| (1.2) | Motor vehicle released for safety, undue hardship |
| Later Seizure of Vehicle | |
| (1.3) | Application for order to seize and impound |
| Stolen Vehicles | |
| (1.4) | Release of stolen vehicle |
| Procedure on Seizure | |
| (2) | Duties of peace officer |
| Lien for Costs of Storage | |
| (3) | Costs relating to impoundment are lien on vehicle |
| Release on Return of Licence or Permit | |
| (3.1) | Vehicle to be released if driver's licence is returned |
| Application for Early Release Based on Owner's Reasonable Belief or Knowledge | |
| (4) | Application by certain owners for early release of vehicle |
| (4.1) | Justice to consider report and certificate |
| (5) | Issue to be determined when driver is not owner |
| (6) | Issue to be determined when driver is owner |
| Release on Expiry of Impoundment Period | |
| (7) | Release of vehicle after impoundment period |
| Periods of Impoundment | |
| (7.1) | First seizure |
| (7.1.1) | Second or subsequent seizure within five years |
| (7.1.2) | When previous seizure within five years relates to refusal or blood alcohol of more than 0.16 |
| (7.1.3) | Effect of revocation of previous seizure |
| (7.2) | Notice to be given of period of impoundment |
| Application for Review of Impoundment Period | |
| (7.3) | Justice to consider designated person's report |
| Removal or Release of Seized Vehicles | |
| (8) | No removal of impounded vehicle except as authorized |
| (8.1) | Officer may direct movement of vehicle |
| Lien and Disposal of Vehicles | |
| (9) | Effect of lien |
| (10) | Notice by garage keeper |
| (10.1) | Disposal of impounded vehicle by garage keeper |
| (10.2) | Transfer of ownership to garage keeper |
| General Provisions | |
| (11) | Personal property in motor vehicle |
| (12) | Owner's right against driver |
| (13) | Minister may indemnify for wrongful seizure |
| (14) | Justice may order seizure of motor vehicle |
| (15) | Result of failure to obtain order |
| (16) | Tabling of annual report in Assembly |
| SEIZURE OF VEHICLES IN PROSTITUTION RELATED OFFENCES | |
| 242.2(1) | Designated person |
| (2) | Appointment or designation of garage keeper |
| (3) | Seizure of vehicle used in committing certain offences |
| Release of Seized Vehicles and Personal Property in Seized Vehicles | |
| (4) | Release of personal property in seized vehicle |
| (5) | No release or removal of vehicle except as authorized |
| (6) | Temporary release of seized vehicle by peace officer |
| (7) | Seizure of released vehicle at other location |
| (8) | Release of vehicle by peace officer of stolen vehicles or under alternative measures |
| (9) | |
| (10) | Application to court by certain owners of vehicles |
| (11) | Justice may consider any relevant evidence |
| (12) | Determination by justice |
| (13) | Owner may obtain vehicle by depositing security |
| (14) | Certificate of Minister of Finance confirming deposit |
| (15) | Designated person to authorize release of vehicle |
| (16) | Security not subject to other claims |
| (17) | Release of seized vehicle of low value |
| (18) | Effect of forfeiture on transfer or new security interest |
| (19) | Notice of release to be given to owner |
| (20) | Procedure when released vehicle is not removed |
| (21) | Secured party may pay costs and proceed on default |
| Procedure on Seizure of Vehicles | |
| (22) | Requirements for peace officer seizing vehicle |
| Lien for Costs Relating to Seizure | |
| (23) | Lien for costs relating to seizure of vehicle |
| (24) | Effect of garage keeper's lien |
| Return or Forfeiture of Vehicles and Deposits | |
| (25 | Process when no person is convicted |
| (26) | Forfeiture of vehicle or deposit on conviction |
| (27) | Value of certain forfeited vehicles is debt due |
| (28) | Use of funds from deposit or sale of vehicle |
| General Provisions | |
| (29) | Owner's right against driver for amount of lien |
| (30) | Indemnification |
| (31) | Reasons for indemnification |
| (32) | Regulations |
| FORFEITURE OF VEHICLES FOR CERTAIN OFFENCES | |
| 242.3(1) | Definition of "motor vehicle" |
| (2) | Liability of vehicle to forfeiture for single offence |
| (3) | Liability of vehicle to forfeiture for third or subsequent offence |
| (4) | Offences must arise out of separate incidents |
| (5) | Notice of forfeiture to be given to alleged offender |
| (6) | Lack of notice does not affect liability to forfeiture |
| (7) | Notice to designated person |
| (8) | Registration of financing statement |
| (9) | Notice to owner |
| (10) | Effect of forfeiture on transfer or new security interest |
| (11) | Financing statement to be sent to secured party |
| (12) | Application to court by certain owners of vehicles |
| (13) | Justice may consider any relevant evidence |
| (14) | Determination by justice |
| (15) | Owner may deposit security to release vehicle from forfeiture |
| (16) | Certificate of Minister of Finance confirming deposit |
| (17) | Security not subject to other claims |
| (18) | Designated person to discharge financing statement |
| (19) | Release of forfeiture when no person is convicted |
| (20) | Discharge of financing statement etc. when vehicle no longer liable to forfeiture |
| (21) | Forfeiture of vehicle or deposit on final conviction |
| (22) | Forfeiture for third or subsequent offence |
| (23) | When conviction is final |
| (24) | Designated person must send the owner a notice to relinquish the vehicle |
| (25) | Owner must relinquish vehicle within 14 days |
| (25.1) | Application to court to set aside forfeiture |
| (25.2) | Justice may consider any relevant evidence |
| (25.3) | Determination by justice |
| (25.4) | When order is effective |
| (25.5) | Preliminary finding necessary |
| (25.6) | When order may be made after vehicle's seizure |
| (25.7) | Costs of seizure must be reimbursed |
| (26) | Prohibition on sale, etc., of vehicle |
| (27) | Prohibition on avoidance of forfeiture of vehicle |
| (28) | Offence and penalty |
| (29) | Defence of accused re failure to relinquish vehicle |
| (30) | Defence of accused re disposition of vehicle |
| (31) | Refusal to register vehicle |
| (32) | Method of sending notice |
| (33) | Value of certain forfeited vehicles is debt due |
| (34) | Certificate of debt |
| (35) | Filing of certificate |
| (36) | Insurance proceeds for vehicle damage |
| (37) | Insurance proceeds to be held until vehicle forfeited or is no longer liable to forfeiture |
| (38) | Payment for repairs only |
| (39) | Crown may seize vehicle if it is not relinquished |
| (40) | Personal information about alleged offender may be disclosed |
| (41) | Sending confirmation statement |
| (42) | Regulations |
| SEIZURE AND IMPOUNDMENT OF VEHICLES INVOLVED IN RACING | |
| 242.4(1) | Definition |
| (2) | Seizure and impoundment of certain vehicles |
| (3) | Factors peace officer may consider |
| (4) | Motor vehicle released for safety, undue hardship |
| (5) | Application for order to seize and impound |
| (6) | Release of stolen vehicle |
| (7) | Duties of peace officer |
| (8) | Costs relating to impoundment are lien on vehicle |
| (9) | Release of vehicle after impoundment period |
| (10) | No removal of impounded vehicle except as authorized |
| (11) | Officer may direct movement of vehicle |
| (12) | Effect of lien |
| (13) | Disposal of impounded vehicle by garage keeper |
| (14) | Transfer of ownership to garage keeper |
| (15) | Personal property in motor vehicle |
| (16) | Owner's right against driver |
| UNLAWFULLY PARKED VEHICLES | |
| 243(1) | Moving of vehicle unlawfully parked |
| (2) | Removal of parked vehicle, etc. |
| (3) | Costs of moving and storage |
| PROCEDURE | |
| 244 | Trial by justice of the peace |
| 245 | Limitation on prosecution for offence |
| 246 | Oath not required on information |
| 247(1) | Admissibility of supplemental report |
| (2) | Certificate of registrar |
| (2.1) | Signature of registrar |
| (3) | Place of offence when report not made |
| 248 | |
| 249 | Benefit of fines |
| 250(1) | Description of offence under subsections 95(3) and 188(2) |
| (2) | Description of speeding offence |
| (3) | Description of offence under subsection 95(3) |
| 251 | |
| 252 | Successive offences |
| 253 | Proceedings where previous convictions |
| 254(1) | Reduction of penalty |
| (2) | Reduction of penalty in certain cases |
| (3) | Reasons to be noted |
| EVIDENCE FROM MACHINES | |
| 255(1) | Evidence from speed-timing devices |
| (2) | Evidence of particulars of registration |
| (3) | Approval of speed-timing devices |
| (4) | Appointment of testers |
| (5) | |
| (6) | Definition of "speed-timing device" |
| 256 | Photographic copies |
| 257 | Certificate as to timing lines on highway |
| 257.1(1) | Use of image capturing enforcement systems |
| (2) | Limitations re speed limit enforcement |
| (3) | Municipalities' use of surplus fine revenue |
| (4) | Province's use of surplus fine revenue |
| 257.2(1) | Image capturing enforcement system evidence |
| (2) | Use of reproduction at trial |
| 257.3(1) | Appointment of tester |
| (2) | Tester's certificate as evidence |
| 257.4 | Tester or peace officer may be required to attend court |
| 258(1) | Impoundment or surrender of licences |
| (2) | Exception |
| (3) | Suspension of licence or permit not surrendered |
| REPORTS OF CONVICTIONS AND JUDGMENTS | |
| 259(1) | Certificate of conviction or order sent to registrar |
| (2) | Certificate of orders sent to registrar |
| (3) | Fee for certificate |
| (4) | Certificate as evidence |
| (5) | Certificates respecting non-residents |
| (6) | Notice to other jurisdictions of suspensions, etc., in Manitoba |
| 260 | |
| CONVICTIONS CERTIFIED TO REGISTRAR | |
| 261(1) | Certificate of conviction to registrar |
| (1.1) | Subsection (1) not to apply to certain offences |
| (2) | |
| (3) | Fee for certificate added |
| (4) | Certificate as evidence |
| 262 | Payment of storage charges where conviction quashed |
| DISQUALIFICATION TO HOLD LICENCE | |
| 263 | |
| 263.1(1) | Definition of "motor vehicle" |
| (1.1) | Grounds for suspension |
| (1.2) | Notice and order of suspension |
| (2) | Effect of suspension under section 265 |
| (3) | Documents to registrar |
| (4) | Use of required forms |
| (5) | Driver's licence not surrendered |
| (6) | Effective date and period of suspension |
| (7) | Suspension of out-of-province driver |
| 263.2(1) | Review of suspension and disqualification |
| (2) | Application forms |
| (3) | Written evidence |
| (4) | Application not to stay suspension |
| (5) | Hearing not required |
| (6) | Considerations of registrar |
| (7) | Sole issue before registrar |
| (8) | Time of hearing |
| (9) | Where evidence supports order |
| (10) | Where evidence does not support order |
| (11) | Failure of appellant to appear |
| (12) | Copy of decision |
| 264(1) | Definitions relating to automatic suspensions |
| (1.1) | Automatic suspension for certain offences |
| (1.2) | Increased suspension for refusal |
| (1.3) | Commencement of period of suspension etc. |
| (1.4) | Deemed conviction re certain offences |
| (2) and (3) | |
| (4) | |
| (5) | |
| (6) | |
| (6.1) | Suspension for prostitution-related offences |
| (7) | Impoundment of driver's licence |
| (8) | Stay of suspension |
| (9) | Notice of stay to registrar |
| (9.1) | Request to return licence during stay |
| (10) | Where appeal not allowed |
| (11) | Temporary licence and stay of suspension etc. |
| (12) | Further temporary licence |
| (13) | Limitation on stay of suspension etc. |
| (14) | Beginning of suspension etc. after stay |
| (15) | |
| (16) | |
| (17) | Interpretation |
| 265(1) | Screening device test: request to surrender licence |
| (2) | Breathalyzer test: request to surrender licence |
| (3) | Refusal to provide breath sample: request to surrender licence |
| (3.1) | Field sobriety test: request to surrender licence |
| (3.2) | Refusal to do test: request to surrender licence |
| (3.3) | Gross impairment: request to surrender licence |
| (4) | Duty to surrender licence |
| (5) | Exception for out-of-province licensee |
| (6) | Suspension or disqualification for 24 hours |
| (7) | Disqualification for 24 hours |
| (8) | Second analysis |
| (9) | Calibration of screening device |
| (10) | Presumption respecting calibration |
| (11) | Duties of peace officer |
| (12) | Return of licence |
| (13) | Fee |
| (14) | Removal of vehicle |
| (15) | Costs of removal and storage |
| 265.1(1) | Request for surrender of licence |
| (2) | Surrender of licence |
| (3) | Automatic suspension of licence |
| (4) | Duties of peace officer |
| (5) | Return of licence etc. |
| 266 | |
| 267 | Suspension for liquor offences |
| 268(1) | Temporary permit on suspension of licence |
| (2) | Effect of temporary permit |
| DIVISION II | |
| SUSPENSION OF REGISTRATION AND LICENCE SUSPENSION FOR CERTAIN CONVICTIONS | |
| 269(1) | Cancellation of licences etc. when cheque dishonoured |
| (2) | Indebtedness to registrar or M.P.I.C. |
| (3) | Payment of indebtedness |
| SUSPENSION FOR FAILURE TO SATISFY A JUDGMENT | |
| 270(1) | Suspension for judgments in Canada or U.S.A. |
| (2) | Where suspension not required |
| (3) | Subsequent suspension |
| (4) | When suspension made |
| (5) | Period of suspension |
| (6) | Payment of judgment in instalments |
| (7) | Restoration of licence |
| (8) | Suspension for restitution orders in Canada or U.S.A. |
| SUSPENSION IN CASE OF ACCIDENT | |
| 271(1) | Suspension for serious accidents |
| (2) | Revocation of suspension |
| (3) | Suspension for serious accident |
| (4) | Period of suspension |
| (5) | Termination of suspension, etc., after six months |
| (6) | No suspension re parked vehicle |
| 272 | |
| SUSPENSION BY REGISTRAR | |
| 273(1) | Registrar's power to cancel or suspend |
| (2) | Form of notice |
| (3) | Service of notice |
| 273.1(1) | Definition of "designated officer" |
| (2) | Action re person in default in maintenance payments |
| 273.2 | Registrar to refuse service to person in default |
| 273.2.1(1) | Registrar's powers re unpaid restitution and Code fines |
| (2) | Content of notice |
| (3) | Service of notice |
| (4) | Exercise of registrar's powers |
| (5) | Issuance or renewal of licences in certain cases |
| 273.3(1) | Definitions |
| (2) | Notice of possible action under subsection (5) |
| (3) | Service of notice |
| (4) | Notice to registrar of non-compliance |
| (5) | Registrar's action |
| (6) | Later notice to registrar |
| 273.4 | Suspension under Domestic Violence Act |
| 273.5 | Action where person does not have notice |
| 274 | |
| 275 | |
| 276(1) | Notification of suspension or cancellation |
| (2) | Manner and effect of giving notice of suspension |
| SURRENDER OF REGISTRATION AND LICENCES | |
| 277(1) | Return of registration card, etc., on suspension |
| (2) | Recovery of licence, etc., by peace officer |
| LICENCE SUSPENSION APPEAL BOARD | |
| 278(1) | Establishment of appeal board |
| (2) | Membership of board |
| (3) | Chairman |
| (4) | Vice-chairman, etc. |
| (5) | Quorum |
| (6) | Rules of procedure |
| (7) | Remuneration of members |
| (8) | Powers and duties |
| (8.1) | Part V of Evidence Act powers |
| (9) | Inquiries by single members |
| (10) | Hearing of applications, etc., by one or more members |
| 279(1) | Appeal to appeal board |
| (2) | Application to appeals under other Acts |
| (3) | No appeal in certain cases |
| (4) | Restriction re administrative suspensions |
| (5) | How to make an appeal |
| (6) | Copy of appeal application to registrar |
| (7) | Information to be forwarded |
| (8) | Stay of decision |
| (9) | Adoption of registrar's findings |
| (10) | Evidence |
| (11) | Consideration of relevant information |
| (12) | Right to examine materials |
| (13) | Appeal hearing |
| (14) | Hearing |
| (15) | Hearing conducted orally or in writing |
| (16) | Appeals by mail |
| (17) | Notice of hearing |
| (18) | Kinds of orders that may be made |
| (19) | Issuance of permit or driver's licence |
| (20) | Conditions and restrictions |
| (21) | Mandatory conditions re alcohol-related suspension |
| (22) | Ignition-interlock exemption for work purposes |
| (23) | Temporary licence from appeal board |
| (24) | Removal of conditions or restrictions |
| (25) | Removal of ignition-interlock conditions |
| (26) | Time within which appeals may be heard |
| (27) | Limitation on orders |
| (28) | Waivers and refunds of application charges |
| (29) | Further application for revocation |
| (30) | Failure of appellant to appear at hearing |
| (31) | Variation of order by appeal board |
| (32) | Variation of ignition-interlock conditions |
| (33) | Decision to be given to appellant and registrar |
| IGNITION-INTERLOCK PROGRAM FOR DRIVERS HOLDING RESTRICTED LICENCES | |
| 279.1(1) | Definitions |
| (1.1) | Deemed conviction re certain offences |
| (1.2) | Restricted licence after certain suspensions |
| (2) | Driver must comply with program requirements |
| (3) | Tampering, etc., with device prohibited |
| (4) | Offence and penalty |
| (5) | Driver deemed to drive while disqualified |
| (6) | Inspections |
| (7) | Regulations |
| 279.2(1) | Prohibition on permitting non-interlock vehicle to be driven |
| (2) | Offence and penalty |
| (3) | No offence by employer in certain circumstances |
| 279.3(1) | Application to join ignition-interlock program |
| (2) | How to make an application |
| (3) | Application is to be dealt with like an appeal |
| (4) | Appeal board may order registrar to issue restricted licence |
| (5) | Effect of order |
| (6) | Application of sections 279.1 and 279.2 |
| PART VIII | |
| PUBLIC SERVICE AND COMMERCIAL VEHICLES | |
| 280 | Definitions |
| 281(1) | Supervision of transport board over motor carriers |
| (1.1) | Section 48 of Public Utilities Board Act not to apply to transport board |
| (1.2) | Exception: p.s.v.'s transporting property only |
| (1.3) | Exception for bus freight |
| (2) | |
| (3) | Permits for temporary operation of p.s.v.'s and c.t.'s |
| 282(1) | Tariff of fees not otherwise prescribed |
| (2) to (8) | |
| (9) | Deposit of cost of inquiry |
| (10) | |
| (11) | Audit of accounts |
| 283 | Appeal |
| 284(1) | No p.s.v. to be operated without certificate |
| (2) | |
| 285 | |
| 286 | Registration of exempt p.s.v.'s and c.t.'s |
| 287 | Suspension of licence or certificate |
| 288(1) | Exemption from holding certificate on conditions |
| (2) | Revocation, etc., of exemption |
| (3) to (5) | |
| 289(1) | Designating commodities |
| (2) | Certificates for designated commodities |
| 290(1) | Applications for certificates |
| (2) | Issue of certificates |
| (2.1) | Application of subsection (2) to property and bus freight |
| (2.2) | Safety fitness requirements for commercial trucks |
| (3) | Conditions attached to certificates |
| (3.1) | Delegation of authority to grant temporary certificates |
| (3.2) | Duration of validity of temporary certificate |
| (3.3) | Effect and application of subsection (3) on and after January 1, 1996 |
| (3.4) | Effect and application of subsection (3): transportation of property and bus freight |
| (4) | Details of certificate as to passengers and weight |
| (5) | Period for which certificate valid |
| (6) | Termination of validity for non-user |
| (7) | Certificate not to create monopoly rights |
| (8) | Offence and penalty |
| 290.1 | Application of s. 291 and 292: Jan. 1, 1996 to Dec. 31, 1997 |
| 290.2 | Application of s. 291 and 292 to transportation of property and bus freight |
| 291(1) | Maximum tolls established by transport board |
| (2) | Application to vary maximum tolls |
| 292 | Fixed tolls established by transport board |
| 292.1(1) | Illegal tolls prohibited |
| (2) | Board may require tolls to be filed, etc. |
| 292.2(1) | Tolls detrimental to the public interest |
| (2) | Order by transport board following hearing |
| 293(1) | Capitalization or sale of rights prohibited |
| (2) | Transfer of certificate on sale of business |
| (3) | Through services after consolidation |
| 294(1) | Application for renewal of certificate |
| (2) | Refusal of renewal |
| (3) | Exception to subsection (2): transportation of property and bus freight |
| 295(1) | Insurance required for motor carrier |
| (2) | Insurance for residents |
| (3) | Liability of insurer or obligor |
| (4) | Where insurance or bond in another jurisdiction acceptable |
| (5) | Where evidence not provided |
| 296 | Notice of cancellation, change or refusal to renew |
| 297(1) | |
| (2) | Inspection by inspector or peace officer |
| (3) | Authority to order out of use unsafe vehicles |
| (4) | Inspection on highway |
| 298 | Certificate, licence or permit to be carried by driver |
| 298.1 | Documents to be carried by driver |
| 299(1) | Abandonment of service prohibited |
| (2) | Termination of certificate on abandonment of a service |
| 300(1) | Suspension or revocation of certificate, and fine |
| (1.1) | |
| (2) | Failure to comply with conditions |
| (3) | Suspension of right to use highway |
| (3.1) | Cancellation or suspension of registration, and fine |
| (3.2) | |
| (3.3) | Notice of show cause hearing |
| (4) | Revocation of certificate for failure to provide service |
| (4.1) | Exception to subsection (4): transportation of property or bus freight |
| (5) and (6) | |
| 300.1 | Prohibition of cancellation or transfer |
| 301(1) | |
| (2) | Annual statement of motor carriers |
| (3) | Failure to comply with subsection (2) |
| 302(1) | Designation of p.s.v. routes in municipalities |
| (2) | Effect of subsection (1) |
| (3) | No municipal fees |
| (4) | Indication of truck routes |
| 303(1) | Markings, etc., required by board to be displayed |
| (2) | Board remains owner of markings, etc. |
| 304 | Condition of p.s.v.'s |
| 305 | Fire extinguishers on passenger p.s.v.'s |
| 306 | Requirements for p.s.v. drivers |
| 307 | Obligation of passenger p.s.v.'s to carry passengers |
| 308(1) | Carriage of passengers in trucks |
| (2) | |
| 309(1) | Passengers allowed on seats only |
| (2) | Restriction as to front seat passengers |
| (3) | Sitting on left of driver in left-hand drive prohibited |
| (4) | Limit on number of persons in front seat of p.s.v.'s |
| (5) | Emergency exit |
| 310(1) | Attachment of trailers to passenger p.s.v.'s prohibited |
| (2) | Towing of passenger p.s.v.'s |
| 311 | Restriction re carriage of baggage |
| 312(1) | Permit for solicitation of passenger traffic |
| (2) | Sale of tickets, etc., by holders of certificates only |
| 313(1) | Bill of lading, etc. |
| (2) | Contents of bill of lading relating to livestock |
| 314(1) | |
| (2) | Signs on p.s.v.'s and c.t.'s |
| (3) | Size and colour of lettering |
| (4) | Semi-trailer trucks |
| 315(1) | Action for unpaid charges |
| (2) | Seizure of goods for unpaid charges |
| (3) | Sale of goods seized |
| (4) | Disposal of surplus from sale |
| 316 | Offence and penalty |
| 317 | Violation of Act or certificate by holder or employee an offence |
| 317.1(1) | Offences by shippers of property |
| (2) | Penalty for shippers |
| (3) | Shipper responsibility for employees' actions |
| 318(1) | Licence from transport board for commercial truck |
| (2) | Form of licence and application |
| (3) | Fees and insurance premium |
| (4) | Licence to specify gross weight |
| (5) | Driver to carry licence |
| (6) | No operation without licence |
| (7) | Exemption |
| (8) to (11) | |
| (12) | Suspension and cancellation of licence |
| (13) | Detention of motor vehicle |
| (14) | Permit to drive dealer's commercial truck or p.s.v. |
| (15) | |
| SAFETY OF PUBLIC SERVICE VEHICLES, COMMERCIAL VEHICLES AND REGULATED SCHOOL BUSES | |
| 318.1(1) | Disclosure by driver |
| (1.1) | Definition of "motor carrier" |
| (2) | Transition |
| (3) | Continuing driver disclosure |
| 318.2 | Safety inspections and reports by driver |
| 318.3(1) | Prohibition |
| (2) | Driver records |
| 318.4 | Safe operation |
| 318.5 | Promotion of compliance |
| 318.6 | Review of driving record by motor carrier |
| 318.7(1) | Maintenance by motor carrier |
| (2) | Manufacturer's notices |
| (3) | Maintenance records to be kept |
| 318.8(1) | Motor carrier's records |
| (2) | Alternative place for records |
| 318.9 | Carrier to ensure driver compliance |
| 318.10(1) | Definitions |
| (2) | Powers of investigation |
| (3) | Entry into dwelling |
| (4) | Search warrant |
| (5) | Compellability of witness |
| (6) | Production |
| 318.11 | |
| PART IX | |
| REGULATIONS | |
| 319(1) | Regulations |
| (1.1) | Regulations by minister |
| (1.2) | Regulations re low-speed vehicles |
| (2) | Adopting codes, standards and other regulations |
| (3) | Changes |
| (4) | Application of regulations |
| (1) to (4) | |
| (5) | Approval of equipment by minister |
| PART X | |
| APPOINTMENTS AND MISCELLANEOUS | |
| 321(1) | Order extending powers of local government district |
| (2) | Exercise of powers conferred |
| RECORDS | |
| 322(1) | Records of accidents and convictions |
| (2) | Search of records |
| (3) | Limitation on furnishing information |
| (3.1) | Interpretation of subsection (3) |
| (3.2) | Limitation on access to information about self |
| (4) | Registrar may disclose medical information on appeal |
| (5) to (7) | |
| (8) | Disclosure of information for offence notices |
| (9) and (10) | |
| 322.1(1) | Carrier's safety compliance record |
| (2) | Safety fitness rating |
| (3) | Motor carrier improvement |
| (4) | Regulated school bus carriers |
| (5) | Appeal by motor carrier |
| (6) | Decision of transport board |
| (7) | Third party auditor qualifications and procedures |
| (8) | Minister may adopt by reference |
| (9) | Minister may cancel designation |
| (10) | Prohibition on misrepresentation of safety fitness rating |
| (11) | Prohibition on operation of vehicles when safety fitness rating unsatisfactory |
| (12) | Prohibition on carrier having responsible person with past involvement with unsatisfactory carrier |
| 322.2(1) | Commercial driver records |
| (2) | Application of subsections 322(2) to (3.2) |
| APPOINTMENT OF OFFICERS | |
| 323(1) | Appointment of staff |
| (1.1) | Inspectors |
| (2) | Duties of secretary of traffic board |
| (3) | Duties of minister |
| (4) | |
| (4.1) | |
| (5) | |
| (6) | Supervision of officials |
| (7) | Personal liability of officials limited |
| 323.1(1) | Delegation of authority to register |
| (2) | Payment for lost plates, etc. |
| 324(1) | Certificate of registrar as proof |
| (2) | Signature of registrar |
| 324.1 | Reproduced signature of former registrar |
| 325 | Authority to act for minister |
| 325.1 | Designation of designated person |
| TRANSPORT BOARD | |
| 326(1) | Establishment of transport board |
| (2) | Composition of transport board |
| (3) | Chairman |
| (4) | Vice-chairman, etc. |
| (5) | Members to devote time as directed |
| (6) | Quorum |
| (7) | Completion of meeting where member dies, etc. |
| (8) | Divisions of board |
| (9) | Powers of divisions |
| (10) | Majority decisions |
| (11) | Holding of joint meetings |
| (12) | Additional powers of transport board |
| (13) | Exemption from personal liability |
| (14) | Inquiries by single members |
| (15) | Hearing of applications, etc., by single members |
| (16) | Coming into force of orders |
| (17) | Rules of procedure |
| (18) | Payment of expenses |
| (19) | Salaries and remuneration |
| (20) | Experts |
| (21) | Assistance from government departments |
| (22) | Payment of experts, etc. |
| 327 | Inspection at regular intervals |
| 328 | |
| DECLARATIONS AND AFFIDAVITS | |
| 329 | Taking of declarations or affidavits |
| 330 | Method of giving notice |
| CHARGES FOR SERVICES | |
| 331(1) | Persons must pay charge to obtain services |
| (2) | Services covered by subsection (1) |
| (3) | Regulations respecting charges |
| (4) | Charges may exceed cost of services |
| (5) | Minister may waive charges |
| (6) | Minister may delegate authority to waive |
| INTERNATIONAL DRIVING PERMIT | |
| 332(1) | International driving permit |
| (2) | Terms of authority to issue |
| 333 | |
| 334(1) | Merit marks |
| (1.1) | Non-application of subsection (1) |
| (2) | Merit marks after demerit points |
| (3) | No merit marks where licence suspended, etc. |
| (4) | Non-application of subsection (3) |
| (5) | Certificate of merit |
| (6) | Removal of merit marks |
| (7) | Removal of demerit points |
| (8) | Definition of "demerit point" |
| (9) | Merit mark eligibility of out-of-province drivers |
| 334.1(1) | Definition of "Canadian Forces member" |
| (2) | Application of section 334.1 |
| (3) | Merit consideration for Canadian Forces members |
| 334.2(1) | 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 |
| 335 | Reference in Continuing Consolidation |
| 336 | Repeal |
| 337 | Commencement of Act |