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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. |
| (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| (2) | Repealed | |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| (4) | Repealed | |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| (2) | Repealed | |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| (2) | Repealed | |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| (2) | Repealed | |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| (5) | Repealed | |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| (4.1) | Repealed | |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) | Definitions |
| (2) | Grounds for suspension | |
| (3) | Suspension and disqualification by order | |
| (4) | Documents to be sent to registrar | |
| (5) | Use of required forms | |
| (6) | Duty to surrender driver's licence | |
| (7) | Effective date and period of suspension | |
| (8) | Suspension period when number of previous orders unclear | |
| (9) | Confirmation of suspension period by registrar | |
| (10) | Service of registrar's letter | |
| (11) | Request for second analysis | |
| (12) | Second analysis governs suspension and disqualification | |
| (13) | Calibration of screening device | |
| (14) | Presumption respecting calibration | |
| (15) | Return of licence | |
| (16) | Reinstatement charges | |
| (17) | Removal of vehicle | |
| (18) | Costs of removal and storage | |
| 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) | Issues before registrar on a review | |
| (8) | Time of hearing | |
| (9) | When evidence supports order | |
| (9.1) | When evidence does not support number of previous suspensions | |
| (10) | When 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) | Definitions |
| (2) | Gross impairment: request to surrender licence | |
| (3) | Duty to surrender licence | |
| (4) | Exception for out-of-province driver | |
| (5) | Suspension and disqualification after request | |
| (6) | Duties of peace officer | |
| (7) | Return of licence | |
| (8) | Reinstatement charges | |
| (9) | Removal of vehicle | |
| (10) | 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) | Subsections 265(7) to (10) apply | |
| 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 certain administrative suspensions | |
| (4.1) | Effect of review under section 263.2 | |
| (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 | |
| (18.1) | Effect of order on suspension under section 263.1 | |
| (19) | Issuance of permit or driver's licence | |
| (20) | Conditions and restrictions | |
| (21) | Mandatory conditions re alcohol-related suspension | |
| (21.1) | Mandatory conditions re alcohol-related suspensions under section 263.1 | |
| (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 | |
| (1.3) | Restricted licence after revocation of suspension by appeal board | |
| (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 | |