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C.C.S.M. c. H60
The Highway Traffic Act
| 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 SPECIFIED OFFENCES RELATED TO OBTAINING SEXUAL SERVICES OR PROCURING | ||
| 242.2 | (1) | Designated person |
| (1.1) | Specified offence related to obtaining sexual services or procuring | |
| (2) | Appointment or designation of garage keeper | |
| (3) | Seizure of vehicle used in committing specified offence | |
| 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 | |
| MOTOR VEHICLES INVOLVED IN RACING — SEIZURE, IMPOUNDMENT AND DRIVER'S LICENCE SUSPENSION | ||
| 242.4 | (1) | |
| (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 | |
| (17) | Racing — suspension of driver's licence | |
| (18) | Suspension and disqualification by order | |
| (19) | Documents to be sent to registrar | |
| (20) | Use of required forms | |
| (21) | Duty to surrender driver's licence | |
| (22) | Return of driver's licence | |
| (23) | Reinstatement charges | |
| 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 | |
| (7.1) | Additional issue — age of passenger | |
| (8) | Time of hearing | |
| (9) | When evidence supports order | |
| (9.1) | When evidence does not support number of previous suspensions | |
| (9.2) | When evidence does not support age of passenger | |
| (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 specified offence related to obtaining sexual services or procuring | |
| (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 | |
| 273.6 | (1) | Definitions |
| (2) | Notice of outstanding warrant | |
| (3) | Registrar to refuse service to subject of outstanding warrant | |
| (4) | Refusal of premium by MPIC | |
| (5) | Acceptance of premium by MPIC | |
| (6) | Notice of warrant execution | |
| 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 ignition-interlock when certain post-conviction suspensions revoked | |
| (21.1) | Mandatory ignition-interlock when certain suspensions under section 263.1 revoked | |
| (22) | Ignition-interlock exemption for work purposes | |
| (23) | Temporary licence from appeal board | |
| (23.1) | Extension of temporary licence issued by registrar | |
| (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 conviction for designated offence | |
| (1.3) | Restricted licence after revocation of suspension by appeal board | |
| (1.4) | Employers' vehicles | |
| (2) | Driver must comply with program requirements | |
| (3) | Tampering, etc., with device prohibited | |
| (4) | Offence and penalty | |
| (5) | Unauthorized driving by holder of restricted licence | |
| (5.1) | Driving without restricted licence prohibited | |
| (5.2) | Application of subsection 225(5) to contraventions | |
| (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 VEHICLES, COMMERCIAL TRUCKS AND REGULATED 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 | |
| (1.4) | ||
| (1.5) | Exception for scheduled-service buses and designated passenger p.s.v.'s | |
| (2) | Repealed | |
| (3) | Repealed | |
| 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 | Repealed | |
| 287 | Suspended or cancelled certificate's effect on registration | |
| 288 | (1) | Exemption from holding certificate on conditions |
| (2) | Revocation, etc., of exemption | |
| (3) to (5) | Repealed | |
| 289 | Repealed | |
| 290 | (1) | Applications for certificates |
| (2) | Issue of certificates | |
| (2.1) | Application of subsection (2) to property and bus freight | |
| (2.1.1) | ||
| (2.1.2) | Exception for scheduled-service buses and designated passenger p.s.v.'s | |
| (2.2) and (2.3) | Repealed | |
| (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): p.s.v.'s transporting property only | |
| (3.4) | Effect and application of subsection (3): transportation of property and bus freight | |
| (3.5) | ||
| (3.6) | Effect and application of subsection (3): scheduled-service buses and designated passenger p.s.v.'s | |
| (4) | Details of certificate as to passengers and weight | |
| (4.1) | Exception for scheduled-service buses and designated passenger p.s.v.'s | |
| (5) | Period for which certificate valid | |
| (6) | Termination of validity for non-user | |
| (7) | Certificate not to create monopoly rights | |
| (7.1) | Safety fitness requirements for motor carriers and operators of regulated vehicles | |
| (7.2) | Safety fitness requirements for motor carriers with p.s.v.'s under 4,500 kg | |
| (8) | Offence and penalty | |
| (9) | Regulations re safety fitness criteria and certificates | |
| 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 | |
| 290.3 | ||
| 290.4 | Application of s. 291 and 292 to scheduled-service buses and designated passenger p.s.v.'s | |
| 290.5 | (1) | Service adjustments re scheduled-service buses and designated passenger p.s.v.'s |
| (2) | Regulations respecting service adjustments | |
| 290.6 | Regulations regarding fares charged for passengers transported under provincial programs | |
| 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 | |
| (3) | Non-application to certain passenger tolls | |
| 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 | |
| (4) | ||
| (5) | Application of subsection (2) to scheduled-service buses and designated passenger p.s.v.'s | |
| (6) | Refusal of renewal: scheduled-service buses and designated passenger p.s.v.'s | |
| 295 | Repealed | |
| 296 | Notice of cancellation, change or refusal to renew | |
| 297 | (1) | Repealed |
| (2) | Inspection by inspector or other peace officer | |
| (3) | Authority to order unsafe vehicles out of service | |
| (3.1) | Out-of-service vehicle must not be driven or operated | |
| (3.2) | Exception for towing out-of-service vehicle | |
| (4) | Inspection on highway | |
| (4.1) | Cooperation by driver | |
| 298 | Certificate to be carried by driver of passenger p.s.v. | |
| 298.1 | Documents to be carried by driver | |
| 299 | (1) | Restrictions on abandonment of service |
| (2) | Termination of certificate on abandonment of a service | |
| (3) | Exception: scheduled-service buses and designated passenger p.s.v.'s | |
| 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 | |
| (4.2) | ||
| (4.3) | Exception to subsection (4): scheduled-service buses and designated passenger p.s.v.'s | |
| (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 | Repealed | |
| 313 | (1) | Bill of lading, etc. |
| (2) | Contents of bill of lading relating to livestock | |
| 314 | (1) | Repealed |
| (2) | Identification of owners of regulated vehicles and other p.s.v.'s and commercial trucks | |
| (3) | Size and colour of lettering | |
| (4) | Repealed | |
| 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 | Repealed | |
| SAFETY OF PUBLIC SERVICE VEHICLES AND REGULATED VEHICLES OTHER THAN PUBLIC SERVICE VEHICLES | ||
| 318.1 | (1) | Disclosure by driver of p.s.v. or regulated vehicle that is not p.s.v. |
| (1.1) and (2) | Repealed | |
| (3) | Continuing driver disclosure | |
| 318.2 | Safety inspections and reports by driver | |
| 318.3 | (1) | Drivers' hours of service |
| (2) | Driver records | |
| 318.4 | Safe operation | |
| 318.5 | (1) | Manitoba resident compliance officer — motor carriers |
| (2) | Manitoba resident compliance officer — regulated vehicles other than p.s.v.'s | |
| 318.6 | (1) | Initial review of driving record by operator |
| (2) | Annual review of driving record by operator | |
| 318.7 | (1) | Maintenance of vehicles |
| (2) | Manufacturers' notices | |
| (3) | Maintenance records to be kept | |
| 318.8 | (1) | Motor carrier's records |
| (2) | Alternative place for records | |
| 318.9 | Operator 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) | Repealed | |
| (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) | Safety compliance records of operators of regulated vehicles |
| (2) | Safety fitness rating | |
| (3) | Operator improvement | |
| (4) | Repealed | |
| (5) | Appeal by operator | |
| (6) | Decision of transport board | |
| (7) | Third party auditor qualifications and procedures | |
| (8) | Minister may adopt by reference | |
| (9) | Minister may cancel designation | |
| (10) | Safety fitness rating must not be misrepresented | |
| (11) | Prohibition on operating when safety fitness rating unsatisfactory | |
| (12) | Prohibition on operator having responsible person with past involvement with unsatisfactory operator | |
| 322.2 | (1) | Commercial driver records |
| (2) | Application of subsections 322(2) to (3.2) | |
| SPECIFICATION OF GVWR BY REGISTRAR | ||
| 322.3 | Specification of GVWR by registrar | |
| 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) | Repealed | |
| (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 | |