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C.C.S.M. c. H60

The Highway Traffic Act

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PART VII
ENFORCEMENT PROVISIONS AND SUSPENSION OF REGISTRATION AND LICENCES
DIVISION I
ENFORCEMENT PROVISIONS
241 Repealed
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
(7.1.4) Transitional re previous seizures
(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 careless driving offence
(2) Description of speeding offence
(3) Description of imprudent driving offence
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) Speed determined by speed-timing device
(2) Limit on admissibility
(3) No need to prove authorization or signature
(4) Limited right to require officer to attend
(5) Decision as to attendance
(6) Onus
(7) Notice
(8) Regulations
(9) Definition of "speed-timing device"
255.1 Evidence of particulars of registration
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) mage capturing enforcement system evidence
(2) Use of reproduction, etc. at hearing
(3) Limit on use of reproduction, etc. at hearing
257.3 (1) Appointment of tester
(2) Tester's certificate re image capturing system
(3) No need to prove tester's signature or appointment
(4) Limited right to require tester to attend
(5) Decision as to attendance
(6) Onus
(7) Notice
257.4 Regulations
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
LICENCE SUSPENSION OR DISQUALIFICATION
263 Repealed
263.1 (1) Definitions
(1.1) Application of Criminal Code provisions
(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
(11.1) Request for second analysis — approved drug screening equipment
(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) Registrar's decision
(9.1) to (10) Repealed
(11) Failure of appellant to appear
(12) Registrar's decision
(13) Copy of decision
264 (1) Definitions relating to automatic suspensions
(1.1) Automatic suspension for certain offences
(1.1.1) Transitional — expanded meaning of Category A and Category B offences
(1.2) Increased suspension for refusal
(1.2.1) Suspension for low blood drug concentration offence
(1.2.2) Transitional — previous convictions for low blood drug concentration offence
(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
(2.1) Under the influence of a drug: 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
265.2 (1) Licence suspension for use of hand-operated electronic device
(2) Temporary driving permit
(3) Documents to be sent to registrar
(4) Use of required forms
(5) Duty to surrender driver's licence
(6) Length of suspension period
(7) Suspension period when number of previous orders unclear
(8) Confirmation of suspension period by registrar
(9) Service of registrar's letter
(10) Return of driver's licence
(11) Reinstatement charges
(12) Removal of vehicle
(13) Costs of removal and storage
266 Repealed
267 Suspension for liquor offences or cannabis
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.
271 Repealed
272 Repealed
SUSPENSION BY REGISTRAR
273 (1) Registrar's power to cancel or suspend
(1.1) Registrar required to make determination
(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) Giving 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) uorum
(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
REGULATED VEHICLES
280 to 312 Repealed
312.1 Definitions
312.2 Safety fitness requirements for operators of regulated vehicles
312.3 (1) Powers of inspector and other peace officer
(2) Prohibition re out-of-service regulated vehicles
(3) Duty to cooperate
312.4 Notice requirement re insurance
313 (1) Bills of lading
(2) Contents of bill of lading relating to livestock
314 (1) Repealed
(2) Identification of operators of regulated vehicles
(3) Size and colour of lettering
(4) Repealed
315 (1) Remedy for unpaid freight charges
(2) Requirements re sale of goods
316 Repealed
317 Contravention of Act by operator 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 REGULATED VEHICLES
318.1 (1) Repealed
(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) Repealed
(2) Manitoba resident compliance officer — regulated vehicles
318.6 (1) Initial review of driving record by operator
(2) Review of driving record by operator
318.7 (1) Maintenance of vehicles
(2) Manufacturers' notices
(3) Maintenance records to be kept
318.8 (1) Operator 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 — general
(2) Regulations — vehicle standards, equipment and safety
(3) Regulations — rules of the road
(4) Regulations — regulated vehicles and commercial transport
(5) Regulations — school buses
(6) Regulations — agricultural equipment and infrastructure equipment
(7) Regulations — motorcycles and mopeds
(8) Regulations — bicycles and power-assisted bicycles
(9) Regulations — low-speed vehicles
(10) Regulation — transportation of hazardous commodities
(11) Regulations — offences and enforcement
(12) Regulations — traffic authorities and municipalities
(13) Adopting codes, standards and other regulations
(14) 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 tickets
(9) and (10) Repealed
322.1 (1) Safety compliance records of operators of regulated vehicles
(2) Safety fitness rating
(3) Operator improvement
(3.1) Registrar to be notified of suspension or revocation
(3.2) Registrar must cancel registration
(4) Repealed
(5) Appeal to minister
(6) Minister's power on appeal
(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) Repealed
(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
326 Repealed
327 Inspection at regular intervals
328 Repealed
DECLARATIONS, AFFIDAVITS AND NOTICES
329 Taking of declarations or affidavits
330 Method of giving notice
330.1 Evidence of receipt by registered mail
330.2 (1) Evidence of receipt by e-mail
(2) E-mail notice not received
330.3 Regulations respecting notices
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 Repealed
337 Commencement of Act