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C.C.S.M. c. H60

The Highway Traffic Act

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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(2) Repealed
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(4) Repealed
175 (1) Driving of overweight vehicles prohibited
(2) Repealed
176 (1) Complying with conditional or restricted registration
(2) Repealed
177 (1) Unduly slow speed prohibited
(2) Repealed
(3) Maximum speed for tractors and implements of husbandry
(4) Restriction on speed of special mobile machines
(4.1) Exception
(5) Repealed
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(4.1) Repealed
(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(10) Repealed
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
186.1 (1) Smoking prohibited in motor vehicle if child present
(2) Smoking by children in a motor vehicle prohibited
(3) Prohibitions apply whether motor vehicle enclosed or not
(4) Offence and penalty
187 (1) Helmets required when on a motorcycle or moped
(2) Where helmets not required
(3) Repealed
(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) Repealed
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 Repealed
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
205.1 (1) Definitions re immobilization systems
(2) Disabling or removing immobilization system
(3) Offence and penalty
205.2 (1) Definition of "air bag"
(2) Disabling or removing air bag prohibited
(3) Exceptions
(4) Offence and penalty
206 (1) Retreading and recapping tires
(2) Sale of retreads, etc.
(3) New tires to comply with safety standards
(4) Repealed
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) Repealed
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) Repealed
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
215.1 (1) Definitions re hand-operated electronic devices
(2) Using hand-operated electronic device while driving prohibited
(3) Exception
(4) Exception — police, fire and ambulance personnel
(5) Exception — certain radios and other equipment
(6) Regulations
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) Repealed
(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) Repealed
(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 Repealed
233 Cruelty to livestock prohibited
234 Removal of traffic tickets, etc., forbidden
235 (1) Offence respecting evidence of insurance
(2) and (3) Repealed
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) Repealed
(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 Repealed
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) Repealed
(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 Repealed
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 Repealed
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) Repealed
(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) Repealed
(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 Repealed
CONVICTIONS CERTIFIED TO REGISTRAR
261 (1) Certificate of conviction to registrar
(1.1) Subsection (1) not to apply to certain offences
(2) Repealed
(3) Fee for certificate added
(4) Certificate as evidence
262 Payment of storage charges where conviction quashed
DISQUALIFICATION TO HOLD LICENCE
263 Repealed
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) Repealed
(4) Repealed
(5) Repealed
(6) Repealed
(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) Repealed
(16) Repealed
(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 Repealed
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 Repealed
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 Repealed
275 Repealed
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) Repealed
(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) Repealed
(9) Deposit of cost of inquiry
(10) Repealed
(11) Audit of accounts
283 Appeal
284 (1) No p.s.v. to be operated without certificate
(2) Repealed
285 Repealed
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) Repealed
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) Repealed
(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) Repealed
(2) Failure to comply with conditions
(3) Suspension of right to use highway
(3.1) Cancellation or suspension of registration, and fine
(3.2) Repealed
(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) Repealed
300.1 Prohibition of cancellation or transfer
301 (1) Repealed
(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) Repealed
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) Repealed
(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) Repealed
(12) Suspension and cancellation of licence
(13) Detention of motor vehicle
(14) Permit to drive dealer's commercial truck or p.s.v.
(15) Repealed
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 Repealed
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) Repealed
(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) Repealed
(8) Disclosure of information for offence notices
(9) and (10) Repealed
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) Repealed
(4.1) Repealed
(5) Repealed
(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 Repealed
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 Repealed
334 to 334.2 Repealed
335 Reference in Continuing Consolidation
336 Repeal
337 Commencement of Act