C.C.S.M. c. H60
The Highway Traffic Act
Table of Contents
241.1 | 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 | |
242 | 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" | |
242.1 | Definitions | |
(1.1) | Seizure and impoundment of certain vehicles | |
(1.1.1) | Action to be based on lower screening device result | |
(1.2) | Motor vehicle released for safety, undue hardship | |
(1.3) | Application for order to seize and impound | |
(1.4) | Release of stolen vehicle | |
(2) | Duties of peace officer | |
(3) | Costs relating to impoundment are lien on vehicle | |
(3.1) | Vehicle to be released if driver's licence is returned | |
(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 | |
(7) | Release of vehicle after impoundment period | |
(7.1) | First seizure | |
(7.1.1) | Second or subsequent seizure within five years | |
(7.1.1.1) | When second or subsequent seizure relates to WARN reading or BAC equal to or over .05 | |
(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 | |
(7.3) | Justice to consider designated person's report | |
(8) | No removal of impounded vehicle except as authorized | |
(8.1) | Officer may direct movement of vehicle | |
(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 | |
(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 | |
242.2 | 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 | |
(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 | |
(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 | |
(22) | Requirements for peace officer seizing vehicle | |
(23) | Lien for costs relating to seizure of vehicle | |
(24) | Effect of garage keeper's lien | |
(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 | |
(29) | Owner's right against driver for amount of lien | |
(30) | Indemnification | |
(31) | Reasons for indemnification | |
(32) | Regulations | |
242.3 | 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 | |
242.4 | 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 | |
(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 | |
243 | Moving of vehicle unlawfully parked | |
(2) | Removal of parked vehicle, etc. | |
(3) | Costs of moving and storage | |
244 | Trial by justice of the peace | |
245 | Limitation on prosecution for offence | |
246 | Oath not required on information | |
247 | Admissibility of supplemental report | |
(2) | Certificate of registrar | |
(2.1) | Signature of registrar | |
(3) | Place of offence when report not made | |
249 | Benefit of fines | |
250 | Description of careless driving offence | |
(2) | Description of speeding offence | |
(3) | Description of imprudent driving offence | |
252 | Successive offences | |
253 | Proceedings where previous convictions | |
254 | Reduction of penalty | |
(2) | Reduction of penalty in certain cases | |
(3) | Reasons to be noted | |
255 | 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 | 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 | Image capturing enforcement system evidence | |
(2) | Use of reproduction, etc. at hearing | |
(3) | Limit on use of reproduction, etc. at hearing | |
257.3 | 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 | Impoundment or surrender of licences | |
(3) | Suspension of licence or permit not surrendered | |
259 | 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 | |
261 | Certificate of conviction to registrar | |
(1.1) | Subsection (1) not to apply to certain offences | |
(3) | Fee for certificate added | |
(4) | Certificate as evidence | |
262 | Payment of storage charges where conviction quashed | |
263.1 | 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 with calibrated screening device | |
(11.1) | Request for second analysis — approved drug screening equipment | |
(12) | Lower result of two calibrated screening device analyses governs | |
(12.1) | Second approved drug screening equipment analysis governs | |
(13) | Calibration of approved screening device | |
(14) | Presumption respecting calibration | |
(15) | Return of licence | |
(16) | Reinstatement charges | |
(17) | Removal of vehicle | |
(18) | Costs of removal and storage | |
263.1.1 | Administrative penalty for suspended drivers | |
(2) | Penalty in addition to other sanctions | |
(3) | Penalty debt to government | |
(4) | No penalty if suspension and disqualification order revoked | |
(5) | Collection and enforcement | |
(6) | Designation of administrator | |
(7) | Regulations | |
263.2 | 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 | |
(11) | Failure of appellant to appear | |
(12) | Registrar's decision | |
(13) | Copy of decision | |
264 | 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 | |
(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 | |
(17) | Interpretation | |
265 | 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 | 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 | 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 | |
267 | Suspension for liquor offences or cannabis | |
268 | Temporary permit on suspension of licence | |
(2) | Effect of temporary permit | |
269 | Cancellation of licences etc. when cheque dishonoured | |
(2) | Indebtedness to registrar or M.P.I.C. | |
(3) | Payment of indebtedness | |
270 | 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. | |
273 | Registrar's power to cancel or suspend | |
(1.1) | Registrar required to make determination | |
(2) | Form of notice | |
(3) | Service of notice | |
273.1 | Definition of "designated officer" | |
(2) | Action re person in default in maintenance payments | |
273.2 | Registrar to refuse service to person in default | |
(2) | Refusal of premium by MPIC | |
(3) | Acceptance of premium by MPIC | |
273.2.1 | Registrar's powers re unpaid fines, administrative penalties 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 | 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 | Action where person does not have notice | |
(2) | Refusal of premium by MPIC | |
(3) | Acceptance of premium by MPIC | |
273.6 | 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 | |
276 | Notification of suspension or cancellation | |
(2) | Manner and effect of giving notice of suspension | |
277 | Return of registration card, etc., on suspension | |
(2) | Recovery of licence, etc., by peace officer | |
278 | 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 | 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 | |
279.1 | Definitions | |
(1.1) | Deemed conviction re certain offences | |
(1.2) | Restricted licence after conviction for designated offence | |
(1.2.1) | Restricted licence after suspension relating to alcohol screening or BAC of .05 or more | |
(1.2.2) | Temporary driver's licence before registrar's review completed | |
(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 | Prohibition on permitting non-interlock vehicle to be driven | |
(2) | Offence and penalty | |
(3) | No offence by employer in certain circumstances | |
279.3 | 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 | |
312.1 | Definitions | |
312.2 | Safety fitness requirements for operators of regulated vehicles | |
312.3 | 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 | Bills of lading | |
(2) | Contents of bill of lading relating to livestock | |
(2) | Identification of operators of regulated vehicles | |
(3) | Size and colour of lettering | |
315 | Remedy for unpaid freight charges | |
(2) | Requirements re sale of goods | |
317 | Contravention of Act by operator or employee an offence | |
317.1 | Offences by shippers of property | |
(2) | Penalty for shippers | |
(3) | Shipper responsibility for employees' actions | |
(3) | Continuing driver disclosure | |
318.2 | Safety inspections and reports by driver | |
318.3 | Drivers' hours of service | |
(2) | Driver records | |
318.4 | Safe operation | |
(2) | Manitoba resident compliance officer — regulated vehicles | |
318.6 | Initial review of driving record by operator | |
(2) | Review of driving record by operator | |
318.7 | Maintenance of vehicles | |
(2) | Manufacturers' notices | |
(3) | Maintenance records to be kept | |
318.8 | Operator records | |
(2) | Alternative place for records | |
318.9 | Operator to ensure driver compliance | |
318.10 | Definitions | |
(2) | Powers of investigation | |
(3) | Entry into dwelling | |
(4) | Search warrant | |
(5) | Compellability of witness | |
(6) | Production | |
318.12 | Definitions | |
318.13 | Technology testing permits | |
(2) | Content of permit | |
(3) | Exemption | |
318.14 | Permit holder to comply | |
318.15 | Regulations re technology testing permits | |
318.16 | Pilot projects | |
(2) | Pilot project may conflict | |
(3) | Limit to classes | |
(4) | Regulation may create scheme or rules | |
318.17 | Insurance or financial security | |
(2) | Insurance through Manitoba Public Insurance | |
318.18 | Time limit | |
318.19 | Regulation prevails | |
319 | 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 | |
(5) | Approval of equipment by minister | |
321 | Order extending powers of local government district | |
(2) | Exercise of powers conferred | |
322 | 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 | |
(8) | Disclosure of information for tickets | |
322.1 | 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 | |
(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 | Commercial driver records | |
(2) | Application of subsections 322(2) to (3.2) | |
322.3 | Specification of GVWR by registrar | |
323 | Appointment of staff | |
(1.1) | Inspectors | |
(3) | Duties of minister | |
(6) | Supervision of officials | |
(7) | Personal liability of officials limited | |
323.1 | Delegation of authority to register | |
(2) | Payment for lost plates, etc. | |
324 | 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 | |
327 | Inspection at regular intervals | |
329 | Taking of declarations or affidavits | |
330 | Method of giving notice | |
330.1 | Evidence of receipt by registered mail | |
330.2 | Evidence of receipt by e-mail | |
(2) | E-mail notice not received | |
330.3 | Regulations respecting notices | |
331 | 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 | |
332 | International driving permit | |
(2) | Terms of authority to issue | |
335 | Reference in Continuing Consolidation | |
337 | Commencement of Act |