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. |
(1.1) | Application of clauses (1)(b) and (c) |
(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) | |
(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(1) | Registrar to refuse service to person in default |
(2) | Refusal of premium by MPIC |
(3) | Acceptance of premium by MPIC |
273.2.1(1) | Registrar's powers re unpaid fines and restitution |
(1.1) | Refusing to accept premiums when fine is unpaid |
(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(1) | Action where person does not have notice |
(2) | Refusal of premium by MPIC |
(3) | Acceptance of premium by MPIC |
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 to 334.2 | |
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 |