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C.C.S.M. c. H60

The Highway Traffic Act

File 1: s. 1 to 240 (Parts 1 to 6)
File 2: s. 241 to 337 (Parts 7 to 10)

Table of contents

(Assented to June 26, 1985)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

DEFINITIONS AND INTERPRETATION

Definitions

1(1)   In this Act,

"agricultural equipment" means a vehicle designed and used primarily in agricultural, horticultural or livestock operations, or for a purpose prescribed in the regulations, but excludes

(a) any vehicle designed primarily for transporting passengers, cargo or vehicles other than agricultural equipment on a highway, and

(b) a garden tractor, lawnmower or lawn tractor, unless it is of a type prescribed in the regulations and used primarily for a use prescribed in the regulations; (« matériel agricole »)

"ambulance service" means an emergency medical response system licensed under The Emergency Medical Response and Stretcher Transportation Act; (« service d'ambulance »)

"appeal board" means The Licence Suspension Appeal Board for the establishment of which provision is made in section 278; (« commission d'appel »)

"approved instrument" means an approved instrument as defined in section 320.11 of the Criminal Code; (« éthylomètre approuvé »)

"approved screening device", except in sections 26.0.1 to 26.3, means an approved screening device as defined in section 320.11 of the Criminal Code; (« appareil de détection approuvé »)

"authorized emergency vehicle" means a vehicle used for fire-fighting or rescue purposes by an organization, other than the government or a municipality, local government district or other local authority, that

(a) operates the vehicle primarily for its own use, and

(b) is authorized in writing by the registrar for the purpose of this clause; (« véhicule d'urgence autorisé »)

"axle group" means axle group as defined in the regulations; (« groupe d'essieux »)

"back lane" means a highway situated wholly within the limits of the City of Winnipeg, an urban municipality or a restricted speed area which has been designed, constructed and intended to provide access to and service at the rear of places of residence or business and includes alleys having a width of not more than 9 metres; (« ruelle »)

"bicycle" means a device having any number of wheels upon which a person sits astride and which is propelled solely by human muscular power through the use of pedals; (« bicyclette »)

"bicycle facility" means a bicycle path or any other area, other than a highway, which is designated for the passage of bicycles and upon which motor vehicles, other than those required for maintenance of the path or area, are prohibited; (« piste cyclable »)

"bus" means a motor vehicle designed to carry 11 or more persons including the driver; (« autobus »)

"cab card" means a registration issued under the Canadian Agreement on Vehicle Registration or under an agreement made under subsection 4.3(3); (« fiche »)

"calibrated screening device" means an approved screening device that is calibrated in accordance with the applicable requirements in subsection 263.1(13); (« appareil de détection étalonné »)

"cannabis" means cannabis as defined in the Cannabis Act (Canada); (« cannabis »)

"centre line" means the centre of a roadway measured from the kerbs or, in the absence of kerbs, from the edges of the roadway; (« ligne médiane »)

"certificate of insurance" means certificate of insurance as defined in The Drivers and Vehicles Act; (« certificat d'assurance »)

"class", in relation to

(a) a driver's licence, means class of driver's licence as defined in The Drivers and Vehicles Act, and

(b) a motor vehicle or other vehicle, means class of motor vehicle or other vehicle as defined in The Drivers and Vehicles Act; (« classe »)

"common-law partner" of an individual means

(a) a person who, with the individual, registered a common-law relationship under section 13.1 of The Vital Statistics Act, and who is cohabiting with the individual, or

(b) a person who, not being married to the individual, is cohabiting with him or her in a conjugal relationship and has so cohabited

(i) for a period of at least three years, or

(ii) for a period of at least one year and they are together the parents of a child,

and, if the individual is dead, "common-law partner" means a person who, not having been married to the individual, cohabited with him or her at the time of death and so cohabited with him or her as set out in clause (a) or (b); (« conjoint de fait »)

"crosswalk" means

(a) that part of a highway at an intersection distinctly indicated for pedestrian crossing by a traffic control device or by lines or other markings on the surface thereof, or

(b) that part of a highway elsewhere than at an intersection distinctly indicated for pedestrian crossing by a traffic control device and by lines or other markings on the surface thereof, or

(c) that part of a highway that is included within the straight production across the roadway, directly and not diagonally

(i) of the lateral lines of the sidewalk on either side of any roadway intersecting or meeting the highway, or

(ii) of the lateral lines of any sidewalk that intersects or meets the highway on either side thereof,

measured, in each case, from the kerb, or in the absence of kerbs, from the edge of the roadway on which the crosswalk is situated, and includes a pedestrian corridor; (« passage pour piétons »)

"dealer" means dealer as defined in The Drivers and Vehicles Act; (« commerçant »)

"department" means the department that is presided over by the member of the Executive Council designated as minister hereunder by the Lieutenant Governor in Council; (« ministère »)

"directional dividing line" means a line marked or placed on a roadway as provided in section 108, not necessarily at the centre thereof, to indicate to the drivers of vehicles the portions of the roadway that may be used for traffic proceeding in each direction and, in the case of a roadway on which no such line is marked or placed, means the centre line; (« ligne séparatrice des sens de circulation »)

"disease or disability" means disease or disability as defined in The Drivers and Vehicles Act; (« maladie ou incapacité »)

"divided highway" means a highway to which subsection 2(3) applies; (« route à chaussées séparées »)

"drive" means drive or have actual physical control of a vehicle, bicycle or motorized mobility aid; (« conduire »)

"driver's licence" means

(a) a driver's licence under The Drivers and Vehicles Act that authorizes the licence holder to drive one or more classes of motor vehicle, as prescribed in the regulations under that Act,

(b) a temporary driver's licence under subsection 11(2.1) or 29(3) of The Drivers and Vehicles Act or subsection 31(7), 264(11) or (12) or 279(23) or (23.1) of this Act or a temporary permit under subsection 265.2(1) or 268(1) of this Act,

(c) any other driver's licence or permit to drive issued under this Act before the day that The Drivers and Vehicles Act comes into force; (« permis de conduire »)

"duly qualified medical practitioner" means duly qualified medical practitioner as defined in The Drivers and Vehicles Act; (« médecin »)

"emergency vehicle" means

(a) a vehicle used by a police force,

(b) a vehicle used by a fire department,

(c) a vehicle used by an ambulance service,

(d) an authorized emergency vehicle,

(e) a vehicle used to respond to emergencies and operated under the authority of a government emergency organization,

(f) a vehicle used for the purpose of maintaining a public utility and designated as an emergency vehicle by a traffic authority, or

(g) a vehicle not ordinarily used for emergency purposes that is operated by a volunteer, part-time or on-call fire-fighter or emergency medical responder for the purpose of responding to a fire, medical or other emergency; (« véhicule d'urgence »)

"FAIL" means an indication on a calibrated screening device that the concentration of alcohol in the blood of the person whose breath is being analyzed is not less than 80 mg in 100 mL of blood; (« « Échec » »)

"family" includes a common-law partner; (« famille »)

"farmer" means a person, corporation or group of persons who own, rent or lease land for the purpose of

(a) growing crops or fodder for their use or sale,

(b) raising livestock or poultry for sale,

(c) operating a poultry establishment for the production of eggs for sale,

(d) operating a mink or fox establishment maintained for their pelts for sale or for sale as breeding stock,

(e) operating a dairy establishment maintained for the production of milk or cream for sale,

(f) operating a feed lot upon which cattle are kept or fed for marketing, or

(g) operating an apiary of hives of bees maintained for the production of honey for sale,

and in the opinion of the registrar the person, corporation or group of persons is engaged in one or more of those operations to a significant degree; (« agriculteur »)

"farm truck" means a motor vehicle that is owned by a farmer and designed primarily to transport cargo and not passengers; (« camion agricole »)

"field sobriety test" means a test or group of tests approved by a regulation made under subsection 76.2(3); (« test de sobriété sur place »)

"flag person" means a person temporarily controlling traffic on a portion of a highway in accordance with subsection 77(10); (« signaleur »)

"garage" means garage as defined in The Drivers and Vehicles Act; (« garage »)

"government emergency organization" means the Fire Commissioners Office, the Manitoba Emergency Measures Organization or the Emergency Health Unit of the Department of Health, Healthy Living and Seniors; (« organisme d'urgence gouvernemental »)

"gross weight" means the combined weight of vehicle and load; (« poids en charge »)

"GVWR" means the gross vehicle weight rating of a vehicle

(a) specified by the vehicle manufacturer, or

(b) if no rating is specified by the vehicle manufacturer, specified by the registrar under section 322.3,

as the maximum loaded weight of the vehicle; (« PNBV »)

"highway" means any place or way, including any structure forming part thereof, which or any part of which the public is ordinarily entitled or permitted to use for the passage of vehicles, with or without fee or charge therefor, and includes all the space between the boundary lines thereof; but does not include any area designed or intended, and primarily used, for the parking of vehicles and the necessary passageways thereon; (« route »)

"image capturing enforcement system" means an image capturing enforcement system approved by the regulations; (« système de saisie d'images »)

"infrastructure equipment" means a vehicle that is

(a) designed and used primarily for the purpose of constructing or repairing a highway, building or structure and operated on a highway only incidentally,

(b) operated on a highway for the purpose of grading, scraping, sweeping, cleaning, snow-clearing or otherwise maintaining the surface of a highway, or

(c) of a type prescribed in the regulations and used primarily for a use prescribed in the regulations,

but excludes any vehicle designed primarily for the transport of passengers or cargo on a highway, even if an apparatus that may be used for the purpose of clause (a), (b) or (c) is mounted on the vehicle; (« matériel de chantier »)

"intersection" means the area embraced within the prolongation or connection of

(a) the lateral curb lines, or

(b) if there are no lateral curb lines, the exterior edges of the roadways,

of two or more highways which join one another at an angle, whether or not one highway crosses the other; (« intersection »)

"laned roadway" means a roadway that is divided into two or more marked lanes for vehicular traffic; (« chaussée à plusieurs voies »)

"licence" means driver's licence; (« permis »)

"livestock" means

(a) horses, cattle, sheep, swine, goats, live poultry, bees and fur breeding stock, and

(b) fish raised for market purposes or as breeding stock and fingerlings; (« animaux »)

"medical review committee" means the medical review committee established under subsection 157(4); (« comité d'étude des dossiers médicaux »)

"minister" means the member of the Executive Council who is designated by the Lieutenant Governor in Council as minister hereunder; (« ministre »)

"moped" means a motor vehicle which

(a) has 2 tandem wheels or 3 wheels, each of which is more than 250 millimetres in diameter,

(b) has a seat or saddle having a minimum unladen height of 650 millimetres, when measured from the ground level to the top of the forwardmost part of the seat or saddle,

(c) is capable of being driven at all times by pedals only if so equipped, by motor only, or by both pedals and motor, and

the motor has a piston displacement of not more than 50 cubic centimetres, or is an electric motor neither of which is capable of enabling the moped to attain a speed greater than 50 kilometres per hour; (« cyclomoteur »)

"motorcycle" means a vehicle that

(a) has a steering handlebar completely constrained from rotating in relation to the axle of one wheel in contact with the ground,

(b) is designed to travel on not more than three wheels in contact with the ground,

(c) has a minimum unladen seat height of 650 mm,

(d) has a minimum wheel rim diameter of 250 mm,

(e) has a minimum wheelbase of 1,016 mm, and

(f) has a maximum speed capability of more than 50 km/h,

but does not include a moped or power-assisted bicycle; (« motocyclette »)

"motor home" means a motor vehicle that

(a) is designed and constructed as an integral unit to provide permanent living accommodation,

(b) is equipped with one or more beds and

(i) a stove or refrigerator, or

(ii) washing and toilet facilities, and

(c) is designed so that there is direct access from the living quarters to the driver's seat; (« caravane automotrice »)

"motorized mobility aid" means a device which is specifically manufactured or modified for operation by a physically handicapped person and which has

(a) a maximum speed capability of not more than 15 kilometres per hour,

(b) a maximum width of not more than 81.2 centimetres, and

(c) a maximum mass of not more than 226 kilograms,

and includes a motorized wheel chair; (« engin motorisé »)

"motor vehicle" means a self-propelled vehicle other than

(a) agricultural equipment,

(b) infrastructure equipment,

(c) an off-road vehicle, and

(d) a power-assisted bicycle; (« véhicule automobile »)

"motor vehicle liability insurance card" means motor vehicle liability insurance card as defined in The Drivers and Vehicles Act; (« carte d'assurance-responsabilité automobile »)

"novice driver" means novice driver as defined in The Drivers and Vehicles Act; (« conducteur débutant »)

"number plate" means number plate as defined in The Drivers and Vehicles Act; (« plaque d'immatriculation »)

"off-road vehicle" means an off-road vehicle as defined in The Off-Road Vehicles Act; (« véhicule à caractère non routier »)

"optometrist" means optometrist as defined in The Drivers and Vehicles Act; (« optométriste »)

"out-of-province driving permit" means out-of-province driving permit as defined in The Drivers and Vehicles Act; (« permis de conduire de non-résident »)

"overdimensional", in respect of a vehicle, means that the height, width or length of the vehicle or a load carried by the vehicle exceeds the maximum permitted under the regulations; (« surdimensionné »)

"overweight", in respect of a vehicle, means that the vehicle's total weight or the weight on any individual axle group, axle or tire exceeds the maximum permitted under the regulations; (« surchargé »)

"owner" means owner as defined in The Drivers and Vehicles Act; (« propriétaire »)

"park", when prohibited, means to stand a vehicle whether occupied or not, except

(a) when it is caused to stand temporarily for the purpose of, and while actually engaged in, loading or unloading, or

(b) in obedience to a peace officer or a traffic control device,

and "parking" has a corresponding meaning; (« stationner », « stationnement »)

"peace officer" means

(a) any member of the Royal Canadian Mounted Police Force and any other police officer, police constable, constable, or other person employed for the preservation and maintenance of the public peace,

(b) any person lawfully authorized to direct or regulate traffic, or to enforce this Act or traffic by-laws or regulations, and

(c) a flag person, but only for the purpose of exercising the powers of a flag person under subsection 77(10) or section 134 of this Act; (« agent de la paix »)

"pedestrian" means a person afoot, or a person in a wheelchair or a child's carriage or physically handicapped person operating a motorized mobility-aid; (« piéton »)

"pedestrian control signal" means a traffic control signal directed to pedestrians; (« signal pour piétons »)

"pedestrian corridor" means a crosswalk, at an intersection or elsewhere, that has been designated as a pedestrian corridor by the proper traffic authority and that is illuminated and distinctly indicated for pedestrian crossing by

(a) such lights and other traffic control devices on the highway, and

(b) such lines or other markings on the surface of the roadway,

as are prescribed in the regulations; (« corridor pour piétons »)

"power-assisted bicycle" means a vehicle that

(a) has a handlebar for steering and pedals,

(b) is designed to travel on not more than three wheels in contact with the ground,

(c) can be propelled by muscle power applied to the pedals,

(d) has an electric motor but no other type of motor,

(i) the motor has a continuous power output rating, measured at its shaft, of 500 W or less,

(ii) if engaged by the driver applying muscle power to the pedals, the motor immediately stops providing the vehicle with motive power when the driver stops applying muscle power,

(iii) if engaged by a throttle, the motor immediately stops providing the vehicle with motive power when the driver activates a brake, and

(iv) the motor cannot provide the vehicle with motive power when it is travelling at more than 32 km/h, and

(e) [repealed] S.M. 2021, c. 30, s. 16,

(f) has either

(i) a mechanism to turn the electric motor on and off that can be operated by the driver, and if the vehicle has a throttle, is separate from the throttle, or

(ii) a mechanism that prevents the motor from engaging until the vehicle is travelling at 3 km/h or more; (« bicyclette assistée »)

"provincial highway" means a highway that is a provincial trunk highway as defined in The Transportation Infrastructure Act, and also includes a provincial road as defined in that Act; (« route provinciale »)

"qualified mechanic" means qualified mechanic as defined in The Drivers and Vehicles Act; (« mécanicien qualifié »)

"race" means a contest of speed between two or more motor vehicles, whether or not the contest involves a prize, when there is an indication of a common intention between the drivers to engage in the contest; (« course »)

"recognized agency" means

(a) the provincial health authority as defined in The Health System Governance and Accountability Act; or

(b) any other agency or person engaged in the diagnosis and treatment of persons suffering from alcoholism or drug addiction and approved by the registrar; (« organisme reconnu »)

"recreational equipment" means a device or thing, other than a vehicle, on which a person can ride, or roll or slide over the ground, and includes, but is not limited to,

(a) a sled, sleigh, toboggan or skateboard, and

(b) skates, skis, roller skates, roller blades or snowshoes; (« matériel de loisirs »)

"recycler" means recycler as defined in The Drivers and Vehicles Act; (« récupérateur »)

"reflectorized", as applied to any equipment carried in or on a vehicle, or to a traffic control device, means treated in such a manner that, under normal atmospheric conditions, and when illuminated by the light from the lamps of any vehicle approaching it will reflect that light so that it is clearly visible from a distance of at least 150 metres; (« réfléchissant »)

"registrar" means the Registrar of Motor Vehicles appointed under The Drivers and Vehicles Act; (« registraire »)

"registration card" means a card that signifies that the vehicle described in the card is registered under The Drivers and Vehicles Act for the registration period shown in the card and, in any provision of this Act or of the regulations that requires a person to produce a vehicle's registration card to a peace officer, includes

(a) a registration permit under The Drivers and Vehicles Act,

(b) a cab card or a permit under section 87 of this Act, or

(c) any document that signifies that the vehicle is registered under the laws of a jurisdiction outside Manitoba; (« carte d'immatriculation »)

"registration class" means registration class as defined in The Drivers and Vehicles Act; (« classe d'immatriculation »)

"registration class sticker" means registration class sticker as defined in The Drivers and Vehicles Act; (« vignette de classe d'immatriculation »)

"registration period" means registration period as defined in The Drivers and Vehicles Act; (« période d'immatriculation »)

"regulated vehicle" means, subject to the regulations,

(a) a motor vehicle or trailer that has a registered gross weight of 4,500 kg or more, or

(b) a bus; (« véhicule réglementé »)

"restricted speed area" means an area designated as a restricted speed area under section 94.1; (« zone de limitation de vitesse »)

"regulation", except when specified otherwise, means a regulation made under this Act; (« règlement »)

"repairer" means repairer as defined in The Drivers and Vehicles Act; (« réparateur »)

"restricted speed area" means an area designated as a restricted speed area under section 94.1; (« zone de limitation de vitesse »)

"roadway" means the portion of a highway that is improved, designed, or ordinarily used for vehicular traffic, and includes that portion thereof that, but for the presence of a safety zone, would be ordinarily so used, but does not include the shoulder; and where a highway includes two or more separate roadways, the term "roadway" refers to any one roadway separately and not all of the roadways collectively; (« chaussée »)

"safety zone" means an area officially set apart within a highway for the exclusive use of pedestrians, and protected or marked or indicated by adequate traffic control devices so as to be clearly visible, but does not include a pedestrian corridor; (« zone de sécurité »)

"salesperson" means salesperson as defined in The Drivers and Vehicles Act; (« vendeur »)

"school" means

(a) a public school or an independent school as defined in The Education Administration Act, or

(b) an educational institution established under the Indian Act (Canada) or under any other Act of the Parliament of Canada,

but does not include a post-secondary educational institution; (« école »)

"school bus" means a vehicle that is designed and classified by the manufacturer as a school bus and used for the purpose of transporting pupils and other authorized persons to or from school or to or from approved school related activities; (« autobus scolaire »)

"seat belt" has the same meaning as "seat belt assembly"; (version anglaise seulement)

"seat belt assembly" means a seat belt assembly as defined in the regulations made under the Motor Vehicle Safety Act (Canada); (« ceinture de sécurité »)

"service", in relation to a vehicle, means service as defined in The Drivers and Vehicles Act; (« entretenir »)

"service road" means a roadway that is

(a) located between the primary roadway of a highway and the boundary lines of that highway, and

(b) used or intended to be used to provide access to land adjacent to the highway that is not accessible from the primary roadway of the highway; (« voie de service »)

"shared street" means a roadway or part of a roadway designated as a shared street in accordance with section 152.1; (« rue partagée »)

"sidewalk" means a footpath, whether or not paved or improved, that is intended primarily for the use of pedestrians and that either

(a) forms part of that portion of a highway that lies between the kerb line or, if there is none, the lateral boundary line, of the roadway and

(i) the adjacent property lines, or

(ii) the straight production of the adjacent property lines to the kerb line or if there is none, to the lateral boundary line, of an intersecting highway, or

(b) although not part of a highway, is a publicly maintained right-of-way, set aside for pedestrian traffic only and for the purpose of giving access to property adjacent thereto; (« trottoir »)

"single axle" means single axle as defined in the regulations; (« essieu simple »)

"stand", as applied to a vehicle, whether occupied or not, means

(a) when required, to cause the vehicle to remain motionless in one place, and

(b) when prohibited, to cause the vehicle to remain motionless in one place, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or a traffic control device,

and "standing" has a corresponding meaning; (« immobiliser », « immobilisation »)

"state of the United States" means state or territory of the United States of America and includes the District of Columbia; (« État »)

"stop", as applied to a vehicle whether occupied or not, means

(a) when required, to cause the vehicle to cease to move, and

(b) when prohibited, to cause the vehicle to cease to move, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or a traffic control device,

and "stopping" has a corresponding meaning; (« arrêter », « arrêt »)

"supervising driver" means supervising driver as defined in The Drivers and Vehicles Act; (« conducteur surveillant »)

"traffic" includes any of the following, singly or in combination, while on a highway:

(a) vehicles and other conveyances,

(b) bicycles,

(c) pedestrians,

(d) ridden or herded animals; (« circulation »)

"traffic authority" means

(a) in the case of provincial highways, and highways in unorganized territory, and the forest reserves to which reference is made in subsection 90(9), the minister,

(b) in the case of inter-municipal highways, the municipalities acting together or one of the municipalities acting with the approval of The Municipal Board,

(c) in the case of highways within municipalities, except those on privately-owned land, the municipality within the limits of which the highway is situated,

(d) in the case of a highway in an Indian Reserve, except a provincial highway, the council of the band on the reserve,

(e) in the case of a highway on privately-owned land, the owner thereof,

(f) in the case of a highway in a local government district, or part thereof, that has been designated in an order made under section 321, that local government district, and

(g) in the case of a highway in a provincial park that is not a provincial highway to which clause (a) applies, the minister responsible for the administration of The Provincial Parks Act; (« autorité chargée de la circulation »)

"traffic control device" means a sign, signal, light, marking or device approved under the regulations or authorized under subsection 81(3) to be used

(a) as a traffic control device, and

(b) for a specified purpose; (« dispositif de signalisation »)

"traffic control light" means the light shown by traffic control signal; (« feu de circulation »)

"traffic control signal" means a traffic control device, whether manually, electrically, or mechanically operated, by which, when operating, traffic is directed to stop and to proceed; (« signal réglant la circulation »)

"trailer" means a vehicle designed primarily to carry cargo and to be towed on a highway by a motor vehicle, but does not include towed agricultural equipment or towed infrastructure equipment; (« remorque »)

"unobstructed", as applied to a roadway or a lane of a laned roadway means not obstructed by a stationary object; (« non obstrué »)

"urban municipality" means a municipality established or continued as an urban municipality under The Municipal Act, and, for certainty, includes a city (other than The City of Winnipeg) that has a special charter; (« municipalité urbaine »)

"valid", in relation to a driver's licence, out-of-province driving permit or other permit, certificate, student identification sticker or other sticker, vehicle registration or licence, registration card, cab card or other vehicle registration document, means valid as defined in The Drivers and Vehicles Act; (« valide »)

"validation sticker" means validation sticker as defined in The Drivers and Vehicles Act; (« vignette de validation »)

"vehicle" means a device, in, upon, or by which a person or thing is or may be transported or drawn upon a highway but does not include

(a) a device designed to be moved solely by human muscular power or used exclusively upon stationary rails or tracks, or

(b) a motorized mobility aid; (« véhicule »)

"vehicle identification number" means vehicle identification number as defined in The Drivers and Vehicles Act; (« numéro d'identification de véhicule »)

"vehicle used by a police force" means a vehicle equipped as an emergency vehicle and includes a vehicle equipped as an emergency vehicle that is owned or leased by the government and used by a person employed by the government as a peace officer for the enforcement of an Act or regulation of the Parliament of Canada or the Legislature, but does not include a vehicle equipped as an emergency vehicle when it is used for non-enforcement purposes by a person who is not a peace officer; (« véhicule utilisé par un service de police »)

"WARN" means an indication on a calibrated screening device that the concentration of alcohol in the blood of the person whose breath is being analyzed is not less than 50 mg in 100 mL of blood; (« « Avertissement » »)

"written off" means written off as defined in The Drivers and Vehicles Act; (« perte totale »)

"yield sign" means a sign requiring the driver of a vehicle facing it to yield the right-of-way to traffic of an intersecting or connecting highway. (« signal "cédez le passage" »)

Interpretation

1(2)   For the purposes of a document, information, application, prosecution, process or other proceeding commenced or issued under or pursuant to this Act, any one or more of the terms "disqualified", "suspended", "cancelled" or "prohibited" or terms to like effect and other parts of speech and tenses of those terms may be used synonymously or interchangeably and the use of one or more or any of those terms does not affect the validity or sufficiency of the document, information, application, prosecution, process or other proceeding.

1(3)   [Repealed] S.M. 2005, c. 37, Sch. B, s. 2.

Interpretation re certain provisions requiring driving on the right

1(4)   When

(a) this Act requires the driver or operator of a vehicle to drive or operate it as close as practicable to the right-hand edge or curb of the roadway or in the extreme right-hand lane of a laned roadway; and

(b) complying with the requirement would require the driver or operator to travel

(i) completely or partly in a traffic lane that is designated for the exclusive or primary use of non-vehicular traffic, or

(ii) between the roadway's right-hand edge or curb and a traffic lane that is designated for the exclusive or primary use of non-vehicular traffic;

the driver or operator is deemed to comply with the requirement if the vehicle is driven or operated as close as is safe and practicable to the boundary of the non-vehicular traffic lane that is closer to the roadway's centre.

Interpretation re certain provisions requiring driving on the left

1(5)   Subsection (4) applies, with necessary changes, when this Act requires the driver or operator of a vehicle to drive or operate it

(a) as close as practicable to the left-hand edge or curb of the roadway; or

(b) in the extreme left-hand lane of a laned roadway.

S.M. 1985-86, c. 12, s. 1; S.M. 1986-87, c. 14, s. 1 and 2; S.M. 1988-89, c. 14, s. 2; S.M. 1989-90, c. 7, s. 2; S.M. 1989-90, c. 56, s. 2; S.M. 1991-92, c. 25, s. 2 and 4; S.M. 1992, c. 58, s. 11; S.M. 1993, c. 35, s. 2; S.M. 1993, c. 48, s. 68; S.M. 1994, c. 4, s. 2; S.M. 1995, c. 31, s. 2; S.M. 1996, c. 19, s. 2; S.M. 1996, c. 26, s. 2 and 19; S.M. 1996, c. 58, s. 455; S.M. 1997, c. 28, s. 13; S.M. 1997, c. 37, s. 2; S.M. 2000, c. 35, s. 50; S.M. 2001, c. 7, s. 2; S.M. 2001, c. 19, s. 2; S.M. 2001, c. 29, s. 2; S.M. 2002, c. 1, s. 2; S.M. 2002, c. 24, s. 29; S.M. 2002, c. 26, s. 14; S.M. 2002, c. 48, s. 9; S.M. 2004, c. 11, s. 2; S.M. 2004, c. 30, s. 2; S.M. 2005, c. 37, Sch. B, s. 2; S.M. 2010, c. 52, s. 2; S.M. 2012, c. 10, s. 2; S.M. 2012, c. 34, s. 3; S.M. 2013, c. 21, s. 2; S.M. 2013, c. 49, s. 2; S.M. 2014, c. 32, s. 12 and 33; S.M. 2017, c. 13, s. 15; S.M. 2017, c. 22, s. 8 and 32; S.M. 2017, c. 36, s. 15; S.M. 2018, c. 10, Sch. B, s. 2; S.M. 2018, c. 12, s. 5; S.M. 2019, c. 6, s. 2; S.M. 2020, c. 21, s. 172; S.M. 2021, c. 4, s. 28; S.M. 2021, c. 5, s. 13; S.M. 2021, c. 15, s. 92; S.M. 2021, c. 25, s. 2; S.M. 2021, c. 30, s. 7 and 16; S.M. 2022, c. 18, s. 2; S.M. 2022, c. 39, s. 28.

APPLICATION OF ACT

2(1)   [Repealed] S.M. 2001, c. 19, s. 3.

2(2)   [Repealed] S.M. 2013, c. 49, s. 3.

Separate roadways

2(3)   Where a thoroughfare consists of two or more separate roadways, and between each two adjoining roadways there is an intervening space, or a physical barrier or clearly indicated dividing section constructed so that it prevents or impedes vehicular traffic entering or crossing the space, barrier, or dividing section, and on each roadway traffic is permitted to proceed in one direction only, except as herein specifically otherwise provided, the several roadways constitute one highway; and the space, barrier or dividing section, shall be conclusively deemed to be a directional dividing line for the highway.

2(4)   [Repealed] S.M. 1996, c. 26, s. 3.

2(5) and (6)   [Repealed] S.M. 2005, c. 37, Sch. B, s. 3.

S.M. 1985-86, c. 13, s. 2; S.M. 1996, c. 26, s. 3; S.M. 2001, c. 19, s. 3; S.M. 2005, c. 37, Sch. B, s. 3; S.M. 2013, c. 49, s. 3.

References to Criminal Code

3   Wherever in this Act a reference is made to the Criminal Code it shall be deemed to mean the Criminal Code (Canada) as amended from time to time.

Effect of invalidity

4   If any provision of this Act is adjudged invalid the judgment shall not be construed to invalidate other provisions of this Act.

PART I

REGISTRATION OF VEHICLES

4.1   [Repealed]

S.M. 1994, c. 4, s. 3; S.M. 2005, c. 37, Sch. B, s. 4; S.M. 2018, c. 10, Sch. B, s. 3.

REQUIREMENT TO REGISTER
CERTAIN VEHICLES AND DISPLAY
NUMBER PLATES

Registration and plating of vehicles

4.2(1)   No person shall drive a motor vehicle or tow a trailer on a highway, and no person who owns a motor vehicle or trailer shall permit another person to drive or tow it on a highway,

(a) unless

(i) a registration card for the vehicle has been issued under The Drivers and Vehicles Act and is valid,

(ii) the vehicle displays, in accordance with the regulations under that Act, the quantity and type of number plates that those regulations prescribe for use on a vehicle of its registration class, and

(iii) the number plates display the vehicle's registration card number and, in accordance with the regulations under that Act, stickers showing the vehicle's registration class and that the registration is valid;

(b) unless a valid registration permit issued under The Drivers and Vehicles Act for the vehicle is displayed on or carried in it in accordance with the regulations under that Act, or a valid permit under section 87 of this Act is displayed on or carried in it in accordance with this Act; or

(c) unless the person and the vehicle are in compliance with a provision of The Drivers and Vehicles Act or a regulation under that Act that allows the person to drive or tow the vehicle without complying with the requirements of clause (a) or (b).

4.2(2) to (11)   [Repealed] S.M. 2005, c. 37, Sch. B, s. 5.

S.M. 1994, c. 4, s. 3; S.M. 1997, c. 37, s. 3; S.M. 2005, c. 37, Sch. B, s. 5; S.M. 2015, c. 43, s. 21.

RECIPROCAL AGREEMENTS AND
ARRANGEMENTS

Reciprocal agreements

4.3(1)   The minister may enter into a reciprocal agreement or arrangement on behalf of the Government of Manitoba with the government of any other province or territory of Canada or of any state of the United States of America respecting the granting of exemptions or partial exemptions from the application of subsection 4.2(1) or the granting of privileges to any class of vehicle owners ordinarily resident in that other province, territory or state if that other province, territory or state grants similar exemptions or privileges to vehicle owners ordinarily resident in Manitoba.

Restrictions on exemptions

4.3(2)   No person is entitled to an exemption or privilege under an agreement or arrangement entered into under subsection (1) unless that person

(a) has complied with the law of his or her place of ordinary residence as to the registration and licensing of his or her vehicle;

(b) carries or causes to be carried on the vehicle the certificate of registration, licence and number plate or plates required by the law of his or her place of ordinary residence; and

(c) complies with all conditions and restrictions set out in the agreement or arrangement.

Agreements re registration and apportioning fees

4.3(3)   The minister may enter into an agreement on behalf of the Government of Manitoba with the government of any other province or territory of Canada or of any state of the United States of America respecting special arrangements for the registration of, and for determining, apportioning and collecting registration, licence and administration fees for any class of vehicles engaged in interjurisdictional travel.

Restrictions on exemptions

4.3(4)   No person is entitled to any exemption, privilege or benefit under any agreement or arrangement entered into under subsection (3) unless that person

(a) has complied with the requirements of that agreement or arrangement respecting the registration and licensing of his or her vehicle;

(b) carries or causes to be carried on the vehicle evidence of that compliance, including documents evidencing registration and any number plate or plates required under that agreement or arrangement; and

(c) complies with all conditions and restrictions set out in the agreement or arrangement.

Cancellation

4.3(5)   An agreement or arrangement entered into under subsection (1) or (3) may be cancelled by the minister, in which case any exemption, privilege or benefit under it is cancelled.

Definition of "state"

4.3(6)   In this section, "state" includes any territory of the United States of America and the District of Columbia.

Transition

4.3(7)   An agreement or arrangement made under subsection 13(5) before its repeal is deemed to have been made under this section.

S.M. 1994, c. 4, s. 3; S.M. 1995, c. 33, s. 10.

4.4 to 4.20   [Repealed]

S.M. 1994, c. 4, s. 3; S.M. 1995, c. 31, s. 3; S.M. 1997, c. 37, s. 4, 5, 6 and 8; S.M. 2001, c. 29, s. 3 and 4; S.M. 2005, c. 37, Sch. B, s. 7.

USE OF REGISTRATION CARDS

Production of registration card to peace officer

4.21(1)   On demand by a peace officer, a driver, registered owner or person having care or control of a vehicle shall without delay produce the registration card issued for it or the cab card issued in respect of it for inspection.

Exception for repairers

4.21(2)   When a vehicle is being operated by a repairer or by a mechanic engaged by a repairer who has custody of the vehicle for the purpose of testing or servicing it, including picking it up and returning it or moving it from one place to another in connection with the servicing or testing, the peace officer shall give the repairer or mechanic reasonable time within which to produce the registration card.

S.M. 1994, c. 4, s. 3; S.M. 1995, c. 33, s. 10; S.M. 2018, c. 19, s. 2.

4.22 to 4.24   [Repealed]

S.M. 1994, c. 4, s. 3; S.M. 1995, c. 33, s. 10; S.M. 1997, c. 37, s. 9; S.M. 2005, c. 37, Sch. B, s. 7.

VISIBILITY OF NUMBER PLATES

4.25(1)   [Repealed] S.M. 2005, c. 37, Sch. B, s. 9.

Obstruction of number plate

4.25(1.1)   No person shall drive or tow a vehicle on a highway if a number plate required to be displayed on the vehicle is obstructed in a manner that prevents or is capable of preventing any of the following information from being accurately captured by an image capturing enforcement system:

(a) the jurisdiction or authority that issued the number plate;

(b) the numbers or letters that make up the vehicle's registration number.

Effect of towing trailer or other vehicle

4.25(2)   A person does not contravene subsection (1.1) by reason only that the vehicle that the person is driving is towing a trailer or other vehicle.

When a number plate must be displayed

4.25(3)   For the purposes of this section, a number plate is required to be displayed on a vehicle if

(a) the vehicle is registered under The Drivers and Vehicles Act, and that Act or a regulation under it requires the vehicle to display the number plate; or

(b) the vehicle is registered under another Act, and that Act or a regulation under it requires the vehicle to display the number plate.

S.M. 1994, c. 4, s. 3; S.M. 1997, c. 37, s. 10; S.M. 2002, c. 1, s. 3; S.M. 2005, c. 37, Sch. B, s. 9.

4.26 to 4.31   [Repealed]

S.M. 1994, c. 4, s. 3; S.M. 1995, c. 31, s. 4; S.M. 1997, c. 37, s. 11, 12, 13 and 14; S.M. 2005, c. 37, Sch. B, s. 10.

5   [Repealed]

S.M. 1985-86, c. 12, s. 2; S.M. 1986-87, c. 14, s. 3; S.M. 1988-89, c. 14, s. 3; S.M. 1989-90, c. 56, s. 3; S.M. 1992, c. 12, s. 2; S.M. 1994, c. 4, s. 3; S.M. 2005, c. 37, Sch. B, s. 10.

6 to 18   [Repealed]

S.M. 1985-86, c. 12, s. 3; S.M. 1986-87, c. 14, s. 4; S.M. 1987-88, c. 23, s. 1 and 2; S.M. 1988-89, c. 14, s. 4; S.M. 1989-90, c. 56, s. 4 and 5; S.M. 1991-92, c. 25, s. 7; S.M. 1994, c. 4, s. 3.

PART I.1

REQUIREMENT TO REPORT SUSPICIOUS VEHICLE

19 to 21.10   [Repealed]

S.M. 1994, c. 4, s. 5; S.M. 1995, c. 31, s. 5; S.M. 1997, c. 37, s. 15; S.M. 2005, c. 37, Sch. B, s. 12.

DUTY TO REPORT DEFACED
IDENTIFICATION
NUMBERS AND UNCLAIMED OR DAMAGED
VEHICLES

Definition of "motor vehicle"

21.11(1)   In this section, "motor vehicle" includes a part of a motor vehicle.

Report of defaced identification number

21.11(2)   If a motor vehicle's vehicle identification number has been lost, removed, destroyed or altered, or is illegible, a person who comes into possession of the motor vehicle shall

(a) without delay report that fact to a police officer having jurisdiction in the area;

(b) give the police officer the number plate number and a description of the motor vehicle and, if known, any information the person has relating to the person previously in possession of the motor vehicle; and

(c) retain the motor vehicle in his or her possession in the condition in which it was received for a period of 10 days from the date of the report, unless the police officer otherwise directs.

Reports of vehicles stored in suspicious circumstances

21.11(3)   A person who buys, sells, stores, services or provides parking for motor vehicles or destroys motor vehicles for scrap or dismantles them for parts shall comply with subsection (4) when a motor vehicle

(a) comes into or remains in his or her possession without good reason or under suspicious circumstances; or

(b) that shows evidence of having been stolen or struck by a bullet comes into his or her possession.

Nature of report

21.11(4)   A person referred to in subsection (3) shall

(a) without delay report that matter to a police officer having jurisdiction in the area;

(b) give the police officer the number plate number and a description of the motor vehicle and, if known, the vehicle identification number and any information the person has relating to the person previously in possession of the motor vehicle; and

(c) if the person has the right to retain possession of the motor vehicle, retain it in his or her possession in the condition in which it was received for a period of 10 days from the date of the report, unless the police officer otherwise directs.

S.M. 1997, c. 37, s. 15; S.M. 2005, c. 37, Sch. B, s. 13.

OFFENCES AND EVIDENCE

Offence and penalty

21.12(1)   A person who contravenes section 21.11 is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.

Directors and officers of corporations

21.12(2)   If a corporation commits an offence under subsection (1), a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on summary conviction to a fine of not more than $5,000., whether or not the corporation has been prosecuted or convicted.

Limitation period

21.12(3)   No proceeding under subsection (1) may be commenced more than one year after the commission of the alleged offence.

Liability for employee or agent

21.12(4)   In a prosecution under this section for an offence by a dealer or recycler, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the dealer or recycler while acting in the course of his or her employment or agency functions, whether or not the employee has been prosecuted or convicted.

S.M. 1997, c. 37, s. 15; S.M. 2005, c. 37, Sch. B, s. 14.

21.13   [Repealed]

S.M. 1997, c. 37, s. 15; S.M. 2005, c. 37, Sch. B, s. 15.

RENTING MOTOR VEHICLES

Record of motor vehicles rented

22   Every person engaged in the business of renting motor vehicles without drivers shall keep a record, to be signed by the person renting it, of each vehicle rented, the identity of the person renting it, the number and particulars of the person's driver's licence, the day and time at which the vehicle is rented, and the time it is in the possession of the person to whom it is rented, and such further information as may be required in the regulations; and the record shall be a public record and open to inspection by any person.

S.M. 2001, c. 7, s. 3.

23   [Repealed]

S.M. 2017, c. 36, s. 15.

PART II

LICENCE REQUIREMENTS FOR
HIGHWAY DRIVING

Driver's licence required to drive motor vehicle

24(1)   No person shall drive a motor vehicle on a highway unless the person

(a) holds a valid driver's licence of a class that authorizes the person to drive the class of motor vehicle being driven; and

(b) carries the driver's licence while driving.

Licence required to drive equipment

24(1.1)   No person shall drive agricultural equipment or infrastructure equipment on a provincial highway, or on a highway within the City of Winnipeg, an urban municipality or a restricted speed area, unless the person holds a valid driver's licence of a class that authorizes him or her to drive a class 5 motor vehicle without a full-time supervising driver and carries the driver's licence while driving.

Exception for out-of-province driving permits

24(1.2)   A person does not contravene subsection (1) if the person holds a valid out-of-province driving permit that authorizes the person to drive a motor vehicle of the class being driven and the person is allowed to drive in Manitoba by subsection 31(1) or (3) of The Drivers and Vehicles Act.  A person does not contravene subsection (1.1) if the person holds a valid out-of-province driving permit that authorizes the person to drive a class 5 motor vehicle without a full-time supervising driver and the person is allowed to drive in Manitoba by subsection 31(1) or (3) of The Drivers and Vehicles Act.

24(2) to (5)   [Repealed] S.M. 2001, c. 7, s. 4.

24(6)   [Repealed] S.M. 2005, c. 37, Sch. B, s. 17.

24(7)   [Repealed] S.M. 2001, c. 7, s. 4.

24(8)   [Repealed] S.M. 2005, c. 37, Sch. B, s. 17.

24(9)   [Repealed] S.M. 2005, c. 37, Sch. B, s. 87.

24(10) to (12)   [Repealed] S.M. 2005, c. 37, Sch. B, s. 17.

24(13)   [Repealed] S.M. 2001, c. 7, s. 4.

S.M. 1986-87, c. 14, s. 6; S.M. 1989-90, c. 55, s. 2; S.M. 1991-92, c. 25, s. 17 and 18; S.M. 1995, c. 31, s. 6; S.M. 2001, c. 7, s. 4; S.M. 2001, c. 19, s. 4; S.M. 2005, c. 37, Sch. B, s. 17 and 87; S.M. 2018, c. 10, Sch. B, s. 4.

25   [Repealed]

S.M. 1985-86, c. 12, s. 4 and 5; S.M. 1991-92, c. 25, s. 19.

26   [Repealed]

S.M. 1989-90, c. 56, s. 6; S.M. 1991-92, c. 25, s. 20 and 22; S.M. 1994, c. 25, s. 2; S.M. 1997, c. 37, s. 41; S.M. 1999, c. 35, s. 2; S.M. 2001, c. 7, s. 5.

NOVICE DRIVERS

Definitions

26.0.1   The following definitions apply in sections 26.1 and 26.3.

"approved drug screening equipment" means approved drug screening equipment as defined in section 320.11 of the Criminal Code. (« matériel de détection des drogues approuvé »)

"approved screening device" means

(a) a provincially approved screening device prescribed by regulation under clause 26.1(1)(d); or

(b) an approved screening device as defined in section 320.11 of the Criminal Code. (« appareil de détection approuvé »)

"screening threshold", in respect of a drug or a combination of drugs, means the level specified to be detected by approved drug screening equipment in the regulations under the Criminal Code. (« seuil de détection »)

S.M. 2018, c. 19, s. 2 and 8.

Regulations

26.1(1)   The Lieutenant Governor in Council may make regulations

(a) prescribing maximum blood alcohol concentration levels for supervising drivers;

(b) prohibiting a person from acting as a supervising driver if they have consumed drugs such that, when a sample of a bodily substance of the person is analyzed by means of approved drug screening equipment, the equipment detects the presence of a drug at or above the screening threshold;

(c) providing for remedial actions that the registrar may take, and prescribing sanctions the registrar may impose, in respect of a novice driver who

(i) drives while having any alcohol in their blood,

(ii) drives while having consumed drugs such that, when a sample of a bodily substance of the novice driver is analyzed by means of approved drug screening equipment, the equipment detects the presence of a drug at or above the screening threshold, or

(iii) refuses a peace officer's request to provide a breath sample or a sample of a bodily substance;

(d) prescribing provincially approved screening devices for the purpose of determining the blood alcohol concentration level of a novice or supervising driver, and governing the calibration and use of the devices;

(e) authorizing a peace officer to demand that a novice or supervising driver provide a sample of breath for the purpose of determining their blood alcohol concentration level, and requiring the novice or supervising driver to provide a breath sample on demand, at the roadside, to be analyzed by an approved screening device, or at another place, to be analyzed by an approved instrument as defined in section 320.11 of the Criminal Code, or both;

(f) authorizing a peace officer to demand that a novice driver or supervising driver provide a sample of a bodily substance for the purpose of determining the concentration of drugs in the bodily substance, and requiring the novice or supervising driver to provide a sample of a bodily substance on demand, at the roadside, to be analyzed by means of approved drug screening equipment;

(g) respecting the handling and analysis of breath samples and samples of bodily substances provided under a regulation made under this subsection, including, but not limited to, the manner of recording and certifying the results of the analysis and the manner in which a certificate of analysis may be entered into evidence in a prosecution under this Act and the weight to be attributed to a certificate of analysis;

(h) authorizing a peace officer to demand that a novice driver surrender their licence, and requiring the novice driver to surrender their licence to the peace officer on demand, if

(i) the novice driver has any alcohol in their blood,

(ii) when a sample of a bodily substance of the novice driver is analyzed by means of approved drug screening equipment, the equipment detects the presence of a drug at or above the screening threshold, or

(iii) the novice driver refuses to provide a breath sample or a sample of a bodily substance on demand;

(i) respecting the removal and storage of a vehicle, and any towed equipment, being driven by a novice driver, when the novice driver has been found to be driving

(i) with alcohol in their blood, or

(ii) after having consumed drugs such that when a sample of a bodily substance of the novice driver is analyzed by means of approved drug screening equipment, the equipment detects the presence of a drug at or above the screening threshold;

(j) respecting the enforcement of costs of removal and storage incurred for an action described in clause (i).

Application of regulations

26.1(2)   A regulation made under subsection (1) may be general or particular in its application and may apply in whole or in part in respect of any class of licence for novice drivers.

Offence and penalty

26.1(3)   A novice or supervising driver who contravenes a provision of a regulation made under subsection (1), or a novice driver who contravenes a condition or restriction of his or her licence, is guilty of an offence and is liable on summary conviction to the penalties set out in section 239.

Saving

26.1(4)   Imposing a penalty under subsection (3) on a driver does not restrict, limit or affect the effect of any other provision of this Act authorizing or requiring the suspension or cancellation of a registration, licence or permit, or the disqualification of a person from holding a licence or making a registration.

Defence of novice driver to charge re supervising driver's qualifications

26.1(5)   It is a defence to a charge against a novice driver under subsection (3) relating to the qualifications or requirements of the supervising driver if the accused establishes that he or she took all reasonable measures to comply with the regulations.

S.M. 2001, c. 7, s. 6; S.M. 2002, c. 40, s. 2; S.M. 2005, c. 37, Sch. B, s. 18; S.M. 2018, c. 19, s. 2 and 8.

26.2   [Repealed]

S.M. 2001, c. 7, s. 7; S.M. 2005, c. 37, Sch. B, s. 19.

Alcohol and drugs — novice drivers

26.3   No novice driver shall operate or have care or control of a motor vehicle or off-road vehicle, or agricultural equipment or infrastructure equipment,

(a) while the novice driver has any alcohol in their blood; or

(b) after having consumed drugs such that when a sample of a bodily substance of the novice driver is analyzed by means of approved drug screening equipment, the equipment detects the presence of a drug at or above the screening threshold.

S.M. 2001, c. 7, s. 7; S.M. 2018, c. 10, Sch. B, s. 5; S.M. 2018, c. 19, s. 2.

Restrictions at learner stage for class 5 vehicles

26.4(1)   A novice driver who holds a class or subclass of licence prescribed for novice drivers in the learner stage entitling him or her to operate a class 5 vehicle shall not

(a) operate a class 5 vehicle unless a supervising driver is in it;

(b) operate the vehicle

(i) with anyone else in the front seat other than the supervising driver, or

(ii) with anyone in the part of the vehicle behind the front seat except in a seating position that is equipped with a seat belt;

(c) tow another vehicle; or

(d) operate an off-road vehicle on or across a highway.

Restrictions at intermediate stage for class 5 vehicles

26.4(2)   A novice driver who holds a class or subclass of licence prescribed for novice drivers in the intermediate stage entitling him or her to operate a class 5 vehicle shall not,

(a) between 5:00 a.m. and midnight, operate a class 5 vehicle with more than one passenger in the front seat or with anyone in the part of the vehicle behind the front seat except in a seating position that is equipped with a seat belt; and

(b) between midnight and 5:00 a.m., operate a class 5 vehicle

(i) with more than one passenger in the vehicle, unless a supervising driver is in the vehicle, or

(ii) when a supervising driver is in the vehicle, with anyone else in the front seat other than the supervising driver, or with anyone in the part of the vehicle behind the front seat except in a seating position that is equipped with a seat belt.

S.M. 2001, c. 7, s. 7.

27 to 30   [Repealed]

S.M. 1986-87, c. 14, s. 7 and 8; S.M. 1987-88, c. 23, s. 3 to 5; S.M. 1989-90, c. 55, s. 3 to 7; S.M 1991-92, c. 25, s. 23; S.M. 1995, c. 31, s. 7 to 10; S.M. 1997, c. 38, s. 2 and 3; S.M. 1999, c. 12, s. 2 to 4; S.M. 2001, c. 7, s. 8 and 9; S.M. 2001, c. 19, s. 5; S.M. 2002, c. 24, s. 29; S.M. 2004, c. 30, s. 3; S.M. 2005, c. 37, Sch. B, s. 20.

31(1)   [Repealed] S.M. 2001, c. 7, s. 10.

Examination before issue of licence

31(2)   Subject to subsections (3) and (4), the registrar shall not issue a licence of any class to a person unless he or she has passed the examinations the registrar requires and satisfied any other requirements the registrar considers appropriate.

Exemption from examination

31(3)   The registrar may exempt an applicant for a driver's licence from any examination required under this Act, if

(a) the applicant holds a valid driver's licence issued by a competent authority in a province or territory of Canada, or a state or territory of or the District of Columbia in the United States of America;

(a.1) the application is for a class 5 or 6 licence and the applicant holds a valid driver's licence issued by a competent authority in a country or political subdivision of a country with which the government has a subsisting arrangement or reciprocal agreement as provided for in subsection 31.1(1);

(b) the applicant is a member of NATO personnel, or a family member of such a member, and holds a valid driver's licence of any class issued by a competent authority in the country in which the member permanently resides;

(c) the applicant holds a valid driver's licence of any class issued under the authority of the Commander, Canadian Forces Europe; or

(d) in the three month period immediately preceding the application, the applicant held a valid driver's licence issued by a competent authority in a province or territory of Canada, and the authority confirms that the applicant is eligible to apply for and hold a driver's licence and to operate a motor vehicle in that province or territory.

Registrar may issue licence

31(4)   The registrar may issue a licence of any class of licence to any person without requiring him to pass an examination, if that person has not allowed his licence to lapse for more than 4 consecutive years from the end of the last licence period for which he held a valid and subsisting licence of the same class for that period, or has previously passed an examination that satisfies the registrar that he is qualified to operate a motor vehicle.

Refusal to issue without examination

31(5)   The registrar may, in his absolute discretion, refuse to issue a licence of any class of licence to any person unless that person passes an examination as provided in subsection (2).

Further examination, interview or course required

31(6)   The registrar may require a person who holds a licence of any class, or whose licence or right to have a licence has been suspended or cancelled, to do one or more of the following:

(a) pass an examination as provided in subsection (2) or any further examination and satisfy any other requirements that the registrar considers appropriate;

(b) attend an interview to discuss the person's ability to operate a motor vehicle safely or comply with the provisions of this Act and the regulations, as the case may require;

(c) successfully complete a driver improvement course specified by the registrar and administered by an agency approved by the registrar, and provide the registrar with satisfactory evidence of successful completion.

Failure to comply

31(6.1)   If the person fails to meet a requirement under subsection (6) within the time set by the registrar, the registrar may cancel any licence the person holds, and may, whether or not the licence is cancelled, refuse to issue any further renewal or licence until the requirement is met.

Temporary licence

31(7)   Despite subsection (6), the registrar may issue a temporary driver's licence for a period of not more than 45 days, subject to any conditions or restrictions that the registrar considers appropriate.

Particulars of examination

31(8)   An examination which any person is required to pass pursuant to this section shall include

(a) a test of the person's eyesight, his ability to read and understand highway signs regulating, warning, and directing traffic, his knowledge of the laws respecting highway traffic in force in the province and in any municipality; and

(b) a test of the person's ability to exercise ordinary and reasonable control in the operation of a motor vehicle on a highway.

31(9)   [Repealed] S.M. 2001, c. 19, s. 6.

31(10)   [Repealed] S.M. 2001, c. 7, s. 10.

Exemption from driving test for certain employees

31(11)   The registrar may exempt an applicant for a Class 1, 2, 3 or 4 licence from a practical driving examination required under subsection (2) if

(a) the registrar receives a certificate from the applicant's employer, on a form approved by the registrar, stating that the applicant

(i) has satisfactorily completed the employer's training course in the safe and proper operation of motor vehicles of the type or kind authorized to be operated under the class of licence applied for, and

(ii) has passed the employer's practical driving examination administered in that type or kind of motor vehicle; and

(b) the registrar has approved the employer's training course and practical driving examination.

Issue of lower class of licences

31(12)   Notwithstanding any other provision of this Act, where a person holds or has held a licence of any class which has been suspended or cancelled for his inability to meet any standards or requirements prescribed under the regulations for that class of licence, if the registrar is satisfied that the person meets the standards and requirements prescribed by the regulations for a lower class of licence, he may issue that lower class of licence to the person.

31(13)   Renumbered as section 28.3.

31(14)   [Repealed] S.M. 1995, c. 31, s. 10.

S.M. 1985-86, c. 12, s. 7; S.M. 1986-87, c. 14, s. 9; S.M. 1987-88, c. 23, s. 6; S.M. 1989-90, c. 4, s. 2; S.M. 1989-90, c. 56, s. 7 and 8; S.M. 1991-92, c. 25, s. 24; S.M. 1993, c. 42, s. 7; S.M. 1994, c. 25, s. 3; S.M. 1995, c. 31, s. 10; S.M. 1998, c. 26, s. 2; S.M. 2001, c. 7, s. 10; S.M. 2001, c. 19, s. 6; S.M. 2013, c. 54, s. 42.

RECIPROCAL AGREEMENTS
AND ARRANGEMENTS

Arrangements and agreements recognizing foreign drivers' licences

31.1(1)   The minister may enter into an arrangement or reciprocal agreement on behalf of the Government of Manitoba with the government of a country or of a political subdivision of a country respecting the granting of exemptions or partial exemptions under subsection 28(1) of The Drivers and Vehicles Act from the examination requirements of that Act if the driver's licence requirements of the country or political subdivision of a country meet or exceed the requirements of that Act and the regulations under that Act.

Cancellation of arrangement or agreement

31.1(2)   An arrangement or agreement entered into under subsection (1) may be cancelled by the minister, in which case any exemption, privilege or benefit under it is cancelled.

S.M. 1998, c. 26, s. 3; S.M. 2005, c. 37, Sch. B, s. 22.

32 to 34   [Repealed]

S.M. 1989-90, c. 55, s. 8; S.M. 2001, c. 7, s. 11 and 13; S.M. 2002, c. 40, s. 3; S.M. 2005, c. 37, Sch. B, s. 23.

PART III

VEHICLE AND EQUIPMENT STANDARDS

34.1 to 46   [Repealed]

S.M. 1985-86, c. 12, s. 8 and 9; S.M. 1987-88, c. 23, s. 7; S.M. 1989-90, c. 56, s. 9; S.M. 1991-92, c. 25, s. 25 to 32; S.M. 1996, c. 19, s. 3 and 4; S.M. 1996, c. 26, s. 4 to 7; S.M. 2010, c. 7, s. 2; S.M. 2018, c. 10, Sch. B, s. 7.

47   Renumbered as section 107.1.

S.M. 2018, c. 10, Sch. B, s. 8.

48 to 58   [Repealed]

S.M. 1986-87, c. 14, s. 10; S.M. 2005, c. 37, Sch. B, s. 24 and 25; S.M. 2018, c. 10, Sch. B, s. 9.

Compliance with vehicle and equipment requirements

59   Every vehicle operated on a highway must conform to the standards and specifications and be equipped in the manner set out in the regulations.

S.M. 1997, c. 37, s. 16; S.M. 2018, c. 10, Sch. B, s. 10.

Equipment in good order

60   The equipment to which section 59 refers shall at all times when the vehicle is on a highway be in good working order.

PROJECTIONS FROM VEHICLES

61(1)   [Repealed] S.M. 1988-89, c. 14, s. 5.

Securing of loads on motor vehicles and trailers

61(2)   No person shall operate, or permit to be operated, upon a highway any motor vehicle or trailer unless the load that the motor vehicle or trailer is carrying is firmly bound, sufficiently covered, or otherwise secured or loaded, in such a manner that no portion of the load may become dislodged or fall from the motor vehicle or trailer.

Where load not required to be covered

61(3)   Notwithstanding subsection (2) where the loose material of a load consists of snow, earth or mud the load is not required to be covered by a tarpaulin.

61(4) to (7)   [Repealed] S.M. 2018, c. 10, Sch. B, s. 11.

S.M. 1988-89, c. 14, s. 5; S.M. 2018, c. 10, Sch. B, s. 11.

62   [Repealed]

S.M. 1989-90, c. 56, s. 10; S.M. 2018, c. 10, Sch. B, s. 12.

TOWING AND PUSHING

Towing of motor vehicles

63(1)   No motor vehicle shall be towed upon a highway unless there is a driver therein, or unless it is equipped with an adequate towing device which compels it to remain in the course of the vehicle by which it is being towed.

Distance between motor vehicle towed and towing vehicle

63(2)   The distance between a motor vehicle being towed on a highway and the vehicle towing it shall not exceed 5 metres.

S.M. 2018, c. 10, Sch. B, s. 13.

Pushing of motor vehicles in urban areas

64(1)   No motor vehicle on a highway in the City of Winnipeg, an urban municipality or a restricted speed area

(a) shall be pushed from behind by another vehicle unless there is a driver in the vehicle being pushed; or

(b) shall be pushed across, through, or in, an intersection except where the engine thereof is disabled.

Exception for vehicle with disabled engine

64(2)   In a case coming within the exception mentioned in clause (1)(b), the motor vehicle shall not be so pushed for a distance greater than is necessary to remove it from the intersection and to park it in a place where it will not obstruct traffic.

S.M. 2018, c. 10, Sch. B, s. 14.

INSPECTION OF EQUIPMENT

Inspection by peace officer

65(1)   A peace officer may at any time stop and inspect or cause to be inspected any equipment on a vehicle or bicycle on a highway, and may, if the equipment or any part thereof does not comply with this Act or with the regulations, require that the driver or operator thereof have, and the driver or operator shall proceed forthwith to have, the equipment made to comply therewith.

Co-operation by driver

65(2)   The driver or operator of a vehicle or bicycle the equipment of which is being inspected by a peace officer as provided in subsection (1) shall render such reasonable assistance, and provide such reasonable information, as the peace officer may require.

Removal of unsafe vehicle on order of peace officer

66(1)   Where a vehicle is, in the opinion of a peace officer, in such a condition that it cannot safely be driven on a highway, the peace officer may require the owner or the driver to remove it, or cause it to be removed, from the highway, either under its own power or by being towed or carried or otherwise removed, as the peace officer may direct; and the owner or driver, as the case may be, shall comply with the requisition of the peace officer.

Removal by peace officer of unsafe vehicle

66(2)   Where the owner or driver of a vehicle does not, within a reasonable time, comply with the requisition of a peace officer made under subsection (1), the peace officer may cause the vehicle to be removed from the highway and to be taken to, and stored in, a suitable place; and all costs and charges for the removal, care, or storage, of the vehicle shall be a lien thereon and may be enforced in the manner provided in The Garage Keepers Act.

67   [Repealed]

S.M. 1988-89, c. 14, s. 5.

WEIGHT RESTRICTIONS

Definitions

68(1)   The following definitions apply in this section.

"class A highway" means

(a) a non-provincial highway for which The City of Winnipeg is the traffic authority and that is not otherwise classified by a by-law enacted by the council of The City of Winnipeg;

(b) a non-provincial highway that is

(i) in a municipality outside The City of Winnipeg, or

(ii) in a local government district,

and is classified as a class A highway by a by-law enacted by the highway's traffic authority; and

(c) a highway that is a provincial trunk highway, a provincial road, or a highway in unorganized territory, and is classified as a class A highway by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3). (« route de catégorie A »)

"class A1 highway" means

(a) a provincial trunk highway, except as otherwise provided by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3);

(b) a non-provincial highway that is in a municipality or local government district and is classified as a class A1 highway by a by-law enacted by the highway's traffic authority; and

(c) a highway that is a provincial road, or a highway in unorganized territory, and is classified as a class A1 highway by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3). (« route de catégorie A1 »)

"class B highway" means

(a) a non-provincial highway that is

(i) in a municipality outside The City of Winnipeg, or

(ii) in a local government district,

and is not otherwise classified by a by-law enacted by the highway's traffic authority;

(b) a highway in unorganized territory, except as otherwise provided by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3); and

(c) a highway that is a provincial trunk highway or a provincial road and is classified as a class B highway by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3). (« route de catégorie B »)

"class B1 highway" means

(a) a provincial road, except as otherwise provided by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3);

(b) a non-provincial highway that is in a municipality or local government district and is classified as a class B1 highway by a by-law enacted by the highway's traffic authority; and

(c) a highway that is a provincial trunk highway, or a highway in unorganized territory, and is classified as a class B1 highway by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3). (« route de catégorie B1 »)

"class C highway" means

(a) a non-provincial highway that

(i) is in a municipality outside The City of Winnipeg,

(ii) was deemed to be a class C highway by subsection (12), and

(iii) is not otherwise classified by a by-law enacted by the highway's traffic authority;

(b) a non-provincial highway — other than one referred to in clause (a) — that is

(i) in a municipality outside The City of Winnipeg, or

(ii) in a local government district,

and is classified as a class C highway by a by-law enacted by the highway's traffic authority; and

(c) a highway that is a provincial trunk highway, a provincial road, or a highway in unorganized territory, and is classified as a class C highway by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3). (« route de catégorie C »)

"highway in unorganized territory" means a highway in unorganized territory for which the minister is the traffic authority. (« route située en territoire non organisé »)

"non-provincial highway" means a highway other than a provincial trunk highway, a provincial road, or a highway in unorganized territory. (« route non provinciale »)

"provincial road" has the same meaning as in The Transportation Infrastructure Act. (« route provinciale secondaire »)

"provincial trunk highway" has the same meaning as in The Transportation Infrastructure Act. (« route provinciale à grande circulation »)

"traffic authority" does not include the owner of privately owned land on which a highway is located. (« autorité chargée de la circulation »)

Vicarious responsibility

68(2)   For the purposes of this section a person shall be conclusively deemed to have caused or permitted a vehicle to be driven or moved if the vehicle is driven or moved by another person who

(a) is the employee or agent of the person first mentioned; and

(b) while driving or moving the vehicle, is acting within the general scope of his employment.

Regulations

68(3)   The Lieutenant Governor in Council may make regulations respecting vehicles or classes or combinations of vehicles operating on highways or classes of highways, including regulations

(a) prescribing permissible vehicle width, height and length, and permissible projections and overhangs of and from loads;

(b) respecting permissible

(i) gross vehicle weights and axle loadings,

(ii) weights of tires, axles or wheels,

(iii) numbers of axles or wheels,

(iv) axle spacings,

(v) weights on axle groups, and

(vi) weights according to wheelbase,

for vehicles, classes of vehicles or combinations of vehicles;

(c) respecting the method of determining wheelbase;

(d) respecting the standards for signs and equipment and types of oversize or overloaded vehicles with respect to which pilot or escort vehicles are, as a term of a permit under section 87, required to be used;

(e) respecting the measurement of vehicle weight and the provision of satisfactory evidence of vehicle weight;

(f) prescribing means of vehicle identification to be used in addition to number plates;

(g) for the purpose of the classes of highway defined in subsection (1), classifying or reclassifying a highway for which the minister is the traffic authority;

(h) subdividing or establishing a class of highways and designating a highway as within the subdivision or class;

(i) exempting vehicles or classes of vehicles from regulations made under this subsection;

(j) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section.

Validation

68(3.1)   The regulation entitled "Vehicle Weights and Dimensions on Classes of Highway Regulation" made by the Lieutenant Governor in Council on December 14, 1988 is validated and is deemed to have been lawfully made on December 14, 1988.

Delegation of power under subsection (3)

68(3.2)   When

(a) in the exercise of a power conferred under clause (3)(b), (g), (h) or (i), the Lieutenant Governor in Council considers it advisable that

(i) a period be established when, or

(ii) an area be designated in which or a similar thing be done having the effect that,

a regulation made under any of those clauses applies only during the period or in the area or applies in a different manner during the period or in the area; and

(b) the exercise of the power contemplates the existence of circumstances, such as climatic or other environmental factors, that are not ordinarily known in sufficient time to permit notice of the establishment or designation or other thing to be given by way of a regulation registered and published under The Statutes and Regulations Act;

the Lieutenant Governor in Council may in a regulation made under clause (3)(b), (g), (h) or (i) provide that the period be established or area be designated for a specified time, or that the other thing be done, by order of the minister or the minister's delegate.

Variation of permissible weights and highway classifications by minister

68(3.3)   Despite subsection (3), the minister or the minister's delegate may by order, in respect of a highway for which the minister is the traffic authority,

(a) decrease or increase any of the permissible weights, loadings, spacings or other vehicle characteristics referred to in clause (3)(b) for a period of six months or less to take into account the effect of climatic or other environmental factors on the weight-bearing capability and durability of highways; or

(b) reclassify the highway for a period of two years or less for any reason.

Who the minister's delegate may be

68(3.4)   The minister may designate an employee of the department as the minister's delegate for the purpose of exercising the powers set out in subsection (3.2) or (3.3).

Order must state effective period

68(3.5)   An order made under subsection (3.3) must state the period during which the decrease, increase or reclassification is to be in effect.

Statutes and Regulations Act does not apply

68(3.6)   The Statutes and Regulations Act does not apply to an order made by the minister or the minister's delegate under subsection (3.2) or (3.3).

Publication of orders

68(3.7)   Without delay after an order is made for the purpose of subsection (3.2) or (3.3), it must be published by posting a copy on the department's website, along with a statement of the time and date of its posting.

When orders come into force

68(3.8)   An order made under subsection (3.2) or (3.3) comes into force at the time of its posting in the manner set out in subsection (3.7) unless a later time is specified in the order.

Publication constitutes notice of order

68(3.9)   Publication of an order in the manner set out in subsection (3.7) is notice of the order to all persons.

Regulations and orders may be general or particular

68(3.10)   A regulation made under subsection (3) and an order made under subsection (3.2) or (3.3)

(a) may be general or particular in its application;

(b) may provide for different requirements during different periods or seasons of the year;

(c) may apply in whole or in part to one or more classes or types of vehicles or classes of persons to the exclusion of others; and

(d) may apply to all or any part of the province and to all or any portion of a highway.

Precedence of orders under subsection (3.2) or (3.3)

68(3.11)   When the provisions of an order made under subsection (3.2) or (3.3) are inconsistent with a regulation made under subsection (3), the order takes precedence to the extent of the inconsistency.

Breach of weights and dimensions regulations

68(4)   Except under the authority of a permit issued under section 87, no person shall operate or move, or permit or cause to be operated or moved, a vehicle or combination of vehicles on or over any class of highway or part thereof, in contravention of the regulations respecting

(a) permissible width, height and length of vehicles or classes of vehicles, and projections and overhangs of and from loads;

(b) permissible gross vehicle weights and axle loadings, weights of any tire, axles or wheels, number of axles or wheels, spacings of axles, the weights on axle groups and weights according to wheelbase for any class of vehicles or combination of vehicles; or

(c) the standards for signs and equipment and types of oversize or overloaded vehicles with respect to which pilot or escort vehicles are, as a term of a permit under section 87, to be used.

Contravention of an order

68(4.1)   Except under the authority of a permit issued by the minister under section 87, no person shall

(a) operate or move a vehicle or combination of vehicles on a highway or portion of a highway in contravention of an order made under subsection (3.2) or (3.3); or

(b) cause or permit an action described in clause (a) to be done.

68(5) and (6)   [Repealed] S.M. 1988-89, c. 14, s. 6.

Classification by other traffic authorities

68(7)   With the approval of the minister, the traffic authority of a highway — other than the minister — may, by by-law, classify all or a portion of the highway as any of the highway classes set out in subsection (1), except in the case of The City of Winnipeg which may classify all or a portion of a highway for which it is the traffic authority as being a class A1, class A, or B1 highway.

68(8)   [Repealed] S.M. 2013, c. 24, s. 2

68(9)   [Repealed] S.M. 2004, c. 30, s. 4.

68(10)   [Repealed] S.M. 1988-89, c. 14, s. 6.

Signage

68(11)   The traffic authority of a highway must, at each end of an affected length of highway, erect and maintain traffic control devices informing the public about

(a) a change in the classification of the highway that results in a decrease in the permissible dimensions, weights, loadings, spacings or other vehicle characteristics of vehicles being operated or moved on the highway; or

(b) a decrease, ordered under subsection (3.3), in the permissible weights, loadings, spacings or other vehicle characteristics of vehicles being operated or moved on the highway.

Former class B highways reclassified

68(12)   Where, immediately before the twenty-first day of November, 1966, any highway was, under The Highway Traffic Act then in force, classified as a class B highway, that highway shall be deemed to be a class C highway as defined in subsection (1); and the relevant traffic authority shall cause to be erected traffic control devices as in a case to which subsection (11) applies.

Offence: excess weight less than 2,000 kg

68(13)   A person is guilty of an offence if, by an excess weight less than 2,000 kg, the person contravenes or fails to comply with

(a) a provision of this section respecting vehicle or axle maximum gross weight or a provision respecting vehicle or axle maximum gross weight of a regulation or order made under this section; or

(b) a condition respecting vehicle or axle maximum gross weight of a permit issued under section 87.

Offence: excess weight of 2,000 kg or more

68(13.1)   A person is guilty of an offence if, by an excess weight of 2,000 kg or more, the person contravenes or fails to comply with

(a) a provision of this section respecting vehicle or axle maximum gross weight or a provision respecting vehicle or axle maximum gross weight of a regulation or order made under this section; or

(b) a condition respecting vehicle or axle maximum gross weight of a permit issued under section 87.

Penalty for excess weight

68(13.2)   A person who commits an offence under subsection (13) or (13.1) is liable on summary conviction to a fine of $13.20 for each 50 kg, or portion of such a weight, by which the actual gross weight of the vehicle, a single axle or an axle group exceeds the maximum gross weight prescribed or permitted by the provision or condition.

Calculation of overweight

68(14)   In calculating a fine for an offence under clause (13)(a) or (13.1)(a),

(a) where the evidence proving the gross weight of the vehicle was obtained from portable scales of a type approved for the purpose by the minister, no account shall be taken of 500 kilograms or 5 % of the maximum gross weight prescribed in the Act, regulations or restriction, whichever is the lesser; and

(b) where the evidence proving the gross weight of the vehicle was obtained by a scale certified by a tester appointed under subsection 73(1), no account shall be taken of 500 kilograms or two per cent of the maximum gross weight prescribed in the Act, regulation, by-law or restriction, whichever is the lesser.

68(15)   [Repealed] S.M. 1988-89, c. 14, s. 6.

Application of section 86

68(16)   When the provisions of an order, regulation, resolution or by-law validly made under section 86 are inconsistent with a regulation or order under this section, the order, regulation, resolution or by-law under section 86 takes precedence to the extent of the inconsistency.

S.M. 1986-87, c. 14, s. 11 to 16; S.M. 1988-89, c. 14, s. 6; S.M. 2000, c. 35, s. 50; S.M. 2001, c. 19, s. 13; S.M. 2002, c. 40, s. 4; S.M. 2004, c. 8, s. 6; S.M. 2004, c. 30, s. 4; S.M. 2008, c. 3, s. 14; S.M. 2013, c. 24, s. 2; S.M. 2015, c. 43, s. 21; S.M. 2018, c. 10, Sch. B, s. 15.

Agreements re overweight and overdimensional vehicles

68.1(1)   The minister may enter into an agreement with any person for the purpose of establishing fees payable by that person, on a one-time or recurring basis, in respect of the operation of an overweight or overdimensional vehicle on a provincial highway.

Terms of agreement

68.1(2)   The agreement may be made on terms and conditions the minister considers appropriate, but any fee established in the agreement must be in an amount that in the minister's opinion reasonably reflects

(a) the incremental cost of highway deterioration caused by the operation of the overweight or overdimensional vehicle; or

(b) the cost of infrastructure upgrades required to accommodate the operation of the overweight or overdimensional vehicle.

Vehicle exempt from permit charges

68.1(3)   A vehicle operated on a provincial highway in accordance with an agreement under this section is exempt from any charges prescribed in the regulations in respect of a permit issued under section 87.

S.M. 2020, c. 21, s. 172.

69   [Repealed]

S.M. 2018, c. 10, Sch. B, s. 16.

Liability for damage by overweight vehicles

70   Where a person operates, or causes to be operated, upon a highway a vehicle in excess of the weight permitted by this Act or the regulations, and the vehicle causes damage to the highway or any part thereof, the owner and operator are jointly and severally liable to the traffic authority for the damage.

S.M. 1988-89, c. 14, s. 7; S.M. 2018, c. 10, Sch. B, s. 17.

Prohibition of certain classes of vehicles

71(1)   Where, at any time, conditions arise whereby, in the opinion of the minister, a highway is or is likely to be damaged by the operation of any class of vehicle, he may order an immediate discontinuance of the operation until such time as he permits it to be renewed.

71(2)   [Repealed] S.M. 2002, c. 40, s. 5.

S.M. 2001, c. 43, s. 44; S.M. 2002, c. 40, s. 5.

Weighing of vehicles on order of peace officer

72(1)   A peace officer may at any time stop and weigh, or cause to be weighed, any vehicle or any vehicle and load, on a highway; and, for that purpose, he may require that the vehicle be driven to any scale capable of weighing the vehicle and its load and which is available for use at the time of the demand made by the peace officer.

Evidence of weight ascertained by portable scale

72(2)   Notwithstanding subsections (1) and (9) and clause (10)(b), in a prosecution for a violation of section 68, where a peace officer has purportedly signed a certificate certifying

(a) that by the use of a portable scale of a type approved for the purpose by the minister, he weighed a vehicle and load;

(b) that he determined the gross weight transferred to the road through any point or points of contact with the road; and

(c) the gross weight of the vehicle and its load;

the certificate is, subject to subsection (4), conclusive evidence of the weight specified therein without proof of the appointment, authority or signature of the person by whom the certificate was signed.

Alternative weighing

72(3)   Where a vehicle and its load is weighed using a portable scale of a type approved for the purpose by the minister, the peace officer weighing the vehicle and the load shall advise the person in charge of the vehicle that, in lieu of having weight determined with that scale, the person in charge of the vehicle may take the vehicle and its load, forthwith, to another scale capable of weighing the vehicle and its load and certified by a tester appointed under subsection 73(1); and the peace officer may take such steps as he considers necessary to insure that no alteration in the weight of the vehicle or its load occurs during the transit to the other scale.

Limitation on certificate under subsection (2)

72(4)   Where the person in charge of a vehicle takes a vehicle and its load to a scale in accordance with subsection (3) and has the vehicle and its load weighed thereat, the certificate signed pursuant to subsection (2) is not evidence of the weight of the vehicle and its load.

Prohibition against dumping in transit

72(5)   Where a person in charge of a vehicle takes the vehicle and its load to a scale in accordance with subsection (2) for the purpose of weighing the vehicle and its load on the scale, he shall not between the time that the vehicle is weighed as mentioned in subsection (2) and the time that it is weighed at the other scale under subsection (3), dump or vary the load on the vehicle.

Orders to unload vehicle

72(6)   The peace officer may require a driver to unload immediately such portion of the load as may be necessary to decrease the gross weight of the vehicle or the gross weight of a single axle or axle group, to the maximum therefor specified in this Act or the regulations.

Removal of goods unloaded

72(7)   Where part of the load of a vehicle has been unloaded as required by a peace officer and is not removed forthwith by or on behalf of the owner thereof, the minister may cause the goods so unloaded to be removed and stored at the expense of the owner; and the cost of the removal and storage shall be a debt due from the owner to Her Majesty and may be recovered by action in any court of competent jurisdiction.

Sale of goods unloaded

72(8)   Where goods have been stored, as provided in subsection (7), for three months or more, the minister may cause them to be sold; and the proceeds of any such sale are the property of, and are hereby vested in, Her Majesty and shall be paid into the Consolidated Fund as public moneys; but if the proceeds of the sale are less than the cost of the storage of the goods, the minister may recover the deficiency by action as provided in subsection (7).

Detention of vehicle temporarily

72(9)   Where the nearest available scales are closed for the night the vehicle may be detained by the peace officer until the re-opening of the scales on the following morning.

Compliance with orders of peace officer

72(10)   Every person shall

(a) stop his vehicle when required so to do by a signal from a peace officer under subsection (1); and

(b) when so required by a peace officer under subsection (1), drive his vehicle to a scale capable of weighing the vehicle and its load and which is available for use at the time of the requirement made by the peace officer.

Actions for damages prohibited

72(11)   No action lies against a peace officer or against the government for loss or damage suffered by any person resulting from the enforcement of or compliance with this section.

72(12)   [Repealed] S.M. 2002, c. 40, s. 5.

S.M. 1988-89, c. 14, s. 8; S.M. 2001, c. 19, s. 14; S.M. 2002, c. 40, s. 5; S.M. 2004, c. 30, s. 5; S.M. 2018, c. 10, Sch. B, s. 18.

Appointment of testers

73(1)   The minister may appoint one or more qualified persons as testers of scales and portable scales.

Effect of certificate of tester

73(2)   In a prosecution under this Act, a certificate purporting to be signed by a tester appointed under subsection (1) certifying the accuracy of a scale or portable scale is admissible in evidence as prima facie proof of the accuracy of the scale or portable scale on the date of the alleged offence, without proof of the person's appointment or signature, if the certificate is dated not more than two years before or after the alleged offence.

S.M. 2001, c. 19, s. 15.

PART IV

CONTROL OF TRAFFIC, SPEED,
RULES OF THE ROAD, BICYCLES

DIVISION I

CONTROL OF TRAFFIC

Application of Part

74(1)   Unless the context otherwise requires,

(a) the provisions of this Part relating to the operation of vehicles refer only to the operation of vehicles upon a highway;

(b) this Part does not apply to persons, vehicles, and other equipment while actually engaged in highway construction or maintenance work upon, under, or over, the surface of a highway while at the site of the work, when it is reasonably necessary for the purposes of the construction or work that this Part be not complied with or be contravened; but it does apply to them when travelling to or from the site of the work; and

(c) a person riding an animal or driving an animal-drawn vehicle upon a highway has all the rights, and is subject to all the duties, that a driver of a vehicle has under this Part.

Situs of maintenance vehicles

74(2)   Where, in order to do the maintenance work for which a machine or vehicle is being used, it is being driven, drawn, or propelled along a highway, it shall be deemed to be at the site of that maintenance work.

Duty of caution

75   A pedestrian or the operator of a bicycle or power-assisted bicycle who is entering, crossing or proceeding along a highway shall, at all times, do so with due caution, care and attention, taking into account the traffic on the highway at the time.

S.M. 2004, c. 30, s. 6.

CONTROL OF TRAFFIC BY PEACE OFFICERS
AND OTHERS

Peace officer or firefighter may direct traffic

76(1)   In the circumstances described in subsection (2),

(a) a peace officer; or

(b) a firefighter who in the course of his or her duties is at the scene of a fire, a motor vehicle collision or another incident that may involve danger to the public;

may direct vehicles and other traffic and erect temporary traffic control devices to direct vehicles and other traffic.

When powers in subsection (1) may be exercised

76(2)   A peace officer or firefighter may exercise a power set out in subsection (1) when the peace officer or firefighter considers it reasonably necessary

(a) to ensure the orderly movement of vehicles and other traffic;

(b) to prevent injury or damage to persons or property; or

(c) to permit proper action in any emergency.

Obeying peace officer's or firefighter's directions

76(3)   A person must obey

(a) the directions of a peace officer or firefighter under this section; and

(b) any traffic control device erected by a peace officer or firefighter.

Obedience overrides certain traffic violations

76(4)   Despite any other provision of this Act, a person is not guilty of an offence if, as a necessary consequence of complying with subsection (3), the person contravenes a traffic regulation provision of this Act or of a regulation or by-law made under this Act.

Firefighter's authority subordinate to police officer

76(5)   A firefighter may exercise a power set out in subsection (1)

(a) only when a police officer is not present at the place where the power is to be exercised; or

(b) if a police officer is present at the place where the power is to be exercised, only at the police officer's request and subject to his or her direction.

S.M. 1989-90, c. 4, s. 3; S.M. 2013, c. 4, s. 2.

Peace officer may stop vehicles

76.1(1)   A peace officer, in the lawful execution of his or her duties and responsibilities, may require the driver of a vehicle to stop, and the driver of the vehicle, when signalled or requested to stop by a peace officer who is readily identifiable as such, shall immediately come to a safe stop and remain stopped until permitted by the peace officer to depart.

Offence and penalty

76.1(2)   A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000. or imprisonment for a term of not more than one year, or both.

Additional penalty

76.1(3)   In addition to imposing any penalty under subsection (2), the convicting judge or justice may

(a) suspend the person's licence for a term of not more than one year; or

(b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction,

(i) the person does not hold a licence, or

(ii) the person's licence is suspended or he or she is disqualified from holding a licence.

Peace officer's authority — driver information

76.1(4)   Without limiting the generality of subsection (1), a peace officer may, at any time when a driver is stopped,

(a) require the driver to give his or her name, date of birth and address to the officer;

(b) require the driver to produce his or her licence, and the vehicle's insurance certificate and registration card and any other document respecting the vehicle that the peace officer considers necessary;

(c) inspect any item produced under clause (b);

(d) request information from the driver about whether and to what extent the driver consumed alcohol or drugs before or while driving;

(e) require the driver to go through a field sobriety test under section 76.2;

(f) request information from the driver about whether and to what extent the driver is experiencing a physical or mental condition that may affect his or her driving ability; and

(g) inspect the vehicle's mechanical condition and request information from the driver about it.

Peace officer's authority — passenger information

76.1(5)   For the purpose of enforcing any provision of this Act or the regulations, a peace officer may require a vehicle's passenger to give his or her name, date of birth and address to the officer.

No right to counsel

76.1(6)   A peace officer is not required to inform a driver or passenger of his or her right to counsel, or to give the driver or passenger the opportunity to consult counsel, before doing anything subsection (4) or (5) authorizes.

Peace officer's authority unaffected

76.1(7)   Nothing in this section limits or negates a peace officer's authority to request information from a driver or passenger or to make any observations of a driver or passenger that are necessary for the purposes of road safety enforcement.

S.M. 1989-90, c. 4, s. 3; S.M. 2002, c. 40, s. 6; S.M. 2004, c. 11, s. 3.

Peace officer may conduct field sobriety test

76.2(1)   On demand, a peace officer may require the driver of a vehicle to go through a field sobriety test if the peace officer reasonably suspects that the driver

(a) has alcohol in his or her body; or

(b) has in his or her body a drug or other substance of a kind or in a quantity that interferes or may interfere with his or her ability to drive.

Driver must go through field sobriety test

76.2(2)   The driver shall without delay go through the test according to the peace officer's instructions.

Regulations respecting field sobriety tests

76.2(3)   The Lieutenant Governor in Council may make regulations respecting field sobriety tests, including, but not limited to, regulations

(a) approving a test or group of tests as a field sobriety test;

(b) respecting how peace officers are to conduct field sobriety tests.

S.M. 2004, c. 11, s. 4.

CONTROL OF TRAFFIC BY
TRAFFIC AUTHORITIES

Erection of traffic control devices

77(1)   The traffic authority of a highway must erect and maintain such traffic control devices as are reasonably necessary to make known to drivers of motor vehicles the speed limit on any part of a highway. The traffic control devices must be erected and maintained in such a way that they face traffic

(a) entering the section of highway where the speed limit begins; and

(b) at intervals, over the length of highway to which they apply.

77(2)   [Repealed] S.M. 2018, c. 10, Sch. B, s. 19.

Signs on designated highways

77(3)   In the case of a highway or portion thereof designated as a restricted speed area, it is sufficient compliance with subsection (1) if there is erected, at each end of the highway or portion thereof,

(a) a sign facing traffic entering the designated highway or portion thereof and indicating that the speed limit is 50 km/h; and

(b) a sign facing traffic leaving the designated highway or portion thereof and indicating that the speed limit to which reference is made in clause (a) is not thereafter applicable.

Signs in restricted speed areas

77(4)   Where, in a municipality that is otherwise wholly within a restricted speed area, there is or are one or more highways,

(a) on which the speed limit is greater than or lower than 50 km/h; and

(b) in respect of which traffic control devices are in place as required under subsection (1);

it is a sufficient compliance with subsection (1) if there are erected, at each point where a highway to which clause (a) applies crosses the boundary of the municipality,

(c) a sign facing traffic entering the municipality, and indicating that the speed limit in the municipality is 50 km/h unless otherwise indicated; and

(d) a sign facing traffic leaving the municipality, and indicating that the traffic is at that point leaving the municipality.

Signs re speed limit in back lanes

77(5)   If a speed limit has been fixed for back lanes in a municipality, the municipality is deemed to be in compliance with subsection (1) if the municipality erects a traffic control device, at each point where a highway crosses a municipal boundary, that indicates the speed limit in back lanes within the municipality.

Signs re speed limit in parks, resorts or communities

77(6)   If a speed limit has been fixed for a highway in a park, resort or community, the traffic authority is deemed to be in compliance with subsection (1) if it erects a traffic control device at every point at which the highway enters the park, resort or community,

(a) facing traffic entering the park, resort or community and indicating the speed limit on the highway inside the park, resort or community; and

(b) facing traffic leaving the park, resort or community and indicating the speed limit on the portion of the highway immediately outside the park, resort or community.

77(7) to (9)   [Repealed] S.M. 2013, c. 21, s. 4.

Control of traffic by flag persons

77(10)   A traffic authority may

(a) authorize or direct a flag person to temporarily control traffic on a portion of a highway under the authority's jurisdiction; or

(b) authorize or direct a person or entity to temporarily control traffic on a portion of a highway under the authority's jurisdiction by means of one or more flag persons.

Observance of flag person's direction

77(11)   Every driver of a vehicle must comply with the directions given by a flag person.

S.M. 1986-87, c. 14, s. 17; S.M. 2001, c. 43, s. 44; S.M. 2004, c. 30, s. 7; S.M. 2013, c. 21, s. 4; S.M. 2018, c. 10, Sch. B, s. 19; S.M. 2021, c. 25, s. 3.

Definitions relating to safety in designated construction zones

77.1(1)   The following definitions apply in this section.

"designated construction zone" means a portion or length of highway

(a) that is under construction;

(b) where or in respect of which any reconstruction, widening, improvement, repairs or other similar work is being done, or is in progress, by or on behalf of the traffic authority of the highway; or

(c) where or in respect of which work that is prescribed in the regulations is being done or is in progress. (« zone de construction désignée »)

"traffic authority" does not include a person or entity, or a class of persons or entities, that is included in the definition "traffic authority" in subsection 1(1) but is excluded from this definition by regulation. (« autorité chargée de la circulation »)

Required signage for designated construction zones

77.1(2)   In accordance with the regulations, a designated construction zone must be identified by traffic control devices placed or erected at its beginning and end that

(a) identify the portion or length of highway as a designated construction zone; and

(b) identify the designated construction zone's beginning and end.

Responsibility for required signage

77.1(3)   The traffic authority of a highway is primarily responsible for identifying a designated construction zone on the highway but may

(a) arrange for a person to place or erect traffic control devices on its behalf for the purpose of subsection (2); or

(b) give permission for a person who is carrying on an activity in the designated construction zone to erect the traffic control devices.

Additional signage for designated construction zones

77.1(4)   When complying with subsection (2), the traffic authority, or a person referred to in clause (3)(a) or (b), may place or erect traffic control devices in the designated construction zone

(a) that are approved by regulation under this section or section 81, or authorized by the minister under section 81; and

(b) that provide instructions or directions to persons travelling on the highway.

Speed limit in a designated construction zone

77.1(5)   The traffic authority of a highway — or a person referred to in clause (3)(a) or (b) and authorized by the traffic authority for the purpose of this subsection — may, while a designated construction zone is identified on the highway in accordance with subsection (2), establish a speed limit in all or part of the designated construction zone that is lower than the speed limit otherwise provided for or fixed under this Act.

How speed limit is established

77.1(6)   For the purpose of subsection (5), the speed limit is established when the traffic authority — or a person authorized by it under subsection (4) — places or erects, in accordance with the regulations, traffic control devices stating the speed limit in the designated construction zone or in the part of the designated construction zone governed by the traffic control devices.

When speed limit applies

77.1(7)   The speed limit established under subsection (5) applies

(a) whether or not workers are present in the designated construction zone or equipment is being used in it; and

(b) at all hours of the day and on all days of the week, including holidays, unless a traffic control device states that it applies only at certain hours or on certain days, or both.

Requiring alteration or removal of traffic control devices

77.1(8)   The traffic authority of a highway may require a person who places or erects a traffic control device to alter it or remove it.

Regulations

77.1(9)   The minister may make regulations

(a) approving traffic control devices for the purpose of this section;

(b) requiring traffic authorities to place or erect specified traffic control devices for specified purposes in relation to designated construction zones;

(c) governing the use of traffic control devices by traffic authorities for the purpose of this section;

(d) respecting the safety of persons and vehicles in designated construction zones or other construction zones;

(e) prescribing work for the purpose of clause (c) of the definition "designated construction zone" in subsection (1);

(f) excluding a person or entity, or a class of persons or entities, from the definition "traffic authority" in subsection (1);

(g) respecting any matter the minister considers necessary or advisable to carry out the purposes of this section.

Application of regulations

77.1(10)   A regulation made under subsection (9) may be general or particular in its application and may apply to the whole or any part of the province.

S.M. 2013, c. 21, s. 5; S.M. 2018, c. 10, Sch. B, s. 20.

78   [Repealed]

S.M. 1996, c. 26, s. 8.

Erection of "stop" or "arrêt stop" signs

79(1)   A traffic authority may erect a "stop" or "arrêt stop" sign at an intersection or level railway crossing within the area over which the traffic authority has jurisdiction.

Illumination of "stop" or "arrêt stop" signs

79(2)   Every "stop" or "arrêt stop" sign erected under subsection (1) shall be reflectorized and so placed as to be illuminated by the headlamps of an approaching vehicle.

Traffic control devices to prohibit standing, etc.

79(3)   A traffic authority may erect appropriate traffic control devices on any highway

(a) to prohibit the stopping, standing, or parking of vehicles any time, or during hours stated on the traffic control devices, on the highway or any portion thereof; or

(b) to limit the time during which the vehicles may be parked on the highway or any portion thereof, and either during the whole of any day or during a part thereof as the traffic authority may consider necessary.

Erection of traffic control signals

79(4)   A traffic authority may, at its discretion, erect and maintain traffic control signals of any of the kinds to which this section or section 88 applies at such places within the jurisdiction of the traffic authority as it may select.

Erection of other traffic control devices

79(5)   A traffic authority may erect, on or adjacent to any highway over which it has jurisdiction, such other traffic control devices, in addition to those specifically authorized or required under this Act, as are necessary or advisable for the control of traffic in a manner required, authorized, or permitted under this Act, or as are necessary to give effect to any by-law or order that the traffic authority has power to make.

Temporary traffic control devices

79(6)   A traffic authority or any person authorized by it may, in an emergency or while work of construction, repair, or painting is being carried on, place and maintain, or cause to be placed and maintained, or put into operation, such temporary traffic control devices as are required, while those conditions prevail, to control, regulate, or guide traffic in an orderly manner.

Four-way stops

79(7)   When a traffic authority erects four "stop" or "arrêt stop" signs at an intersection, it must also place an additional traffic control device underneath each of the signs to indicate that the intersection is a four-way stop intersection.

Three-way stops

79(8)   When a traffic authority erects three "stop" or

"arrêt stop" signs at an intersection, it must also place an additional traffic control device underneath each of the signs to indicate that the intersection is a three-way stop intersection.

S.M. 2018, c. 10, Sch. B, s. 21; S.M. 2021, c. 5, s. 13.

PRESUMPTIONS

Presumption of proper erection of traffic control devices

80   The existence on a highway of a sign, marking, poster, notice, or traffic control device such as is required or permitted by this Act, purporting to regulate the use of the highway in any manner, raises the prima facie presumption that the sign, marking, poster, notice, or traffic control device was duly erected and maintained by the proper authority pursuant to the power given by this Act and in accordance therewith.

TRAFFIC CONTROL DEVICES

Traffic control devices

81(1)   A traffic authority other than the minister may erect a traffic control device on a highway only if the traffic control device and its use for the intended purpose is

(a) approved by regulation under

(i) subsection (2),

(ii) subsection 77.1(9), or

(iii) subsection 98.1(4); or

(b) authorized under subsection (3).

Regulations re traffic control devices

81(2)   The minister may make regulations

(a) approving traffic control devices;

(b) respecting the erection, placement and maintenance of traffic control devices; and

(c) respecting the purposes for which a traffic control device may be used.

Time-limited authorization for testing

81(3)   To test the efficacy of a traffic control device not approved under the regulations, the minister may authorize the device to be erected or placed on a highway and used for a period not exceeding one year.

Exception for certain devices re school zones

81(4)   Subsections (2) and (3) do not apply to traffic control devices that require approval under clause 98.1(4)(b) or (c).

S.M. 2001, c. 43, s. 44; S.M. 2012, c. 5, s. 2; S.M. 2013, c. 21, s. 6; S.M. 2018, c. 10, Sch. B, s. 22.

Imitative devices prohibited

82(1)   No person shall erect or maintain, upon or in view of a highway, a device that purports to be, resembles, or interferes with the effectiveness of, a traffic control device unless he is authorized to do so by a traffic authority; and if such a device is erected or maintained without that authority, it may be removed by, or under the authority of,

(a) the mayor, reeve, or chief constable of the municipality in which it is situated; or

(b) the officer in command in Manitoba of the Royal Canadian Mounted Police Force; or

(c) the minister where it is situated on a highway in respect of which the minister is the traffic authority;

or the representative of any of them duly authorized by him for that purpose.

82(2) and (3)   [Repealed] S.M. 2018, c. 10, Sch. B, s. 23.

S.M. 2001, c. 43, s. 44; S.M. 2018, c. 10, Sch. B, s. 23.

Advertising prohibited

83   No person shall place or maintain commercial advertising upon a traffic control device.

No passing zones

84(1)   A traffic authority may, by a traffic control device, designate all or a portion of a roadway as a zone in which overtaking and passing is prohibited or a zone limited to driving on the right-hand side of the roadway.

One-way roadways

84(2)   A traffic authority may, by a traffic control device, designate a roadway for one-way traffic and indicate the direction in which traffic thereon shall travel.

Compliance with traffic control devices

85   Except when otherwise directed by a peace officer, every person shall obey the instructions or directions on, or conveyed by means of, an applicable traffic control device.

TRAFFIC AUTHORITIES' JURISDICTION RE
CONDITIONS OF USE OF HIGHWAYS

Changes in use of highways and structures when the minister is the traffic authority

86(1)   With or without conditions and in accordance with subsections (2) and (3),

(a) the minister or the minister's delegate may by order, in respect of a highway for which the minister is the traffic authority or a structure forming part of the highway,

(i) prohibit drivers from using the highway or structure,

(ii) restrict drivers' use of the highway or structure, except as to permissible vehicle dimensions or weight,

(iii) restrict the permissible dimensions of vehicles that use the highway or structure, or

(iv) restrict or increase the permissible weight of vehicles that use the highway or structure,

for a period of two years or less; and

(b) the minister may by regulation

(i) impose a prohibition or restriction described in any of subclauses (a)(i) to (iv) in respect of a structure forming part of a highway for which the minister is the traffic authority, or

(ii) impose a prohibition or restriction described in subclause (a)(i) or (ii) in respect of a highway for which the minister is the traffic authority,

for a period longer than two years.

Who the minister's delegate may be

86(2)   The minister may designate an employee of the department as the minister's delegate for the purpose of exercising the powers set out in clause (1)(a).

Order must state effective period

86(3)   An order made under clause (1)(a) must state the period during which the prohibition, restriction or increase is to be in effect.

Statutes and Regulations Act does not apply

86(4)   The Statutes and Regulations Act does not apply to an order made by the minister or the minister's delegate under clause (1)(a).

Publication of orders

86(5)   Without delay after an order is made for the purpose of clause (1)(a), it must be published by posting a copy on the department's website, along with a statement of the time and date of its posting.

When orders come into force

86(6)   An order comes into force at the time of its posting in the manner set out in subsection (5) unless a later time is specified in the order.

Publication constitutes notice of order

86(7)   Publication of an order in the manner set out in subsection (5) is notice of the order to all persons.

Regulations by the minister

86(8)   The minister may make regulations respecting prohibitions and restrictions under clause (1)(b) that are effective for longer than two years.

Changes re use of other highways and structures

86(9)   With or without conditions and in accordance with subsection (10), a traffic authority other than the minister may, in respect of a highway under its authority or a structure forming part of the highway,

(a) prohibit drivers from using, or restrict their use of, the highway or structure;

(b) restrict the permissible dimensions of vehicles that use the highway or structure; or

(c) restrict the permissible weights of vehicles that use the highway or structure.

Action by municipal and other traffic authorities

86(10)   When a municipality, a local government district or the council of a band, as traffic authority of a highway, imposes a prohibition or restriction under subsection (9), it must

(a) if the prohibition or restriction is for two years or less, impose it by resolution; and

(b) if the prohibition or restriction is for longer than two years, impose it by by-law.

Resolution must state effective period

86(11)   A resolution under clause (10)(a) must state the period during which the prohibition or restriction is to be in effect.

By-law increasing allowable weight

86(12)   A municipality, a local government district or the council of a band, as the traffic authority of a highway, may, by by-law, increase the permissible weight of vehicles that use the highway or a structure forming part of it.

86(13)   [Repealed] S.M. 2018, c. 10, Sch. B, s. 24.

Resolution or by-law affecting provincial highway

86(14)   When the resolution or by-law of a traffic authority other than the minister affects a provincial highway, the resolution or by-law has no effect unless it is approved in writing by the minister or the minister's delegate, and the notice of approval is attached to and forms part of the resolution or by-law.

Regulations, orders, by-laws and resolutions may be general or particular

86(15)   A regulation, order, by-law or resolution made under this section

(a) may be general or particular in its application;

(b) may apply in whole or in part to one or more classes or types of vehicles or classes of persons to the exclusion of others; and

(c) in the case of

(i) a regulation or order, may apply to all or any part of the province and to all or any portion of a highway or structure forming part of a highway, or

(ii) a by-law or resolution, may apply to all or any part of the area over which the maker of the by-law or resolution has local government authority and to all or any portion of a highway or structure forming part of a highway.

Signage

86(16)   A traffic authority that imposes a prohibition or restriction under subsection (1) or (9) must erect and maintain traffic control devices warning the public about the prohibition or restriction. The devices must be erected and maintained

(a) at each end of the affected length of highway; or

(b) if the prohibition or restriction affects only a structure, at each approach to the affected structure.

Barricades

86(17)   A traffic authority that imposes a prohibition under subsection (1) or (9) must erect and maintain adequate barricades

(a) at each end of the affected length of highway; or

(b) if the prohibition affects only a structure, at each approach to the affected structure.

Offence: excess weight less than 2,000 kg

86(18)   A person is guilty of an offence if the person

(a) drives or tows a vehicle; or

(b) causes or permits a vehicle to be driven or towed;

that, by an excess weight of less than 2,000 kg, exceeds the permissible weight set by an order, regulation, resolution or by-law made under this section.

Offence: excess weight of  2,000 kg or more

86(19)   A person is guilty of an offence if the person

(a) drives or tows a vehicle; or

(b) causes or permits a vehicle to be driven or towed;

that, by an excess weight of 2,000 kg or more, exceeds the permissible weight set by an order, regulation, resolution or by-law made under this section.

Penalty for excess weight

86(20)   A person who commits an offence under subsection (18) or (19) is liable on summary conviction to a fine of $13.20 for each 50 kg, or fraction of that amount, by which the actual gross weight of the vehicle, a single axle or an axle group exceeds the maximum gross weight permitted by the order, regulation, resolution or by-law.

Calculating fine based on excess weight

86(21)   In calculating a fine for an offence under subsection (18) or (19),

(a) if the evidence proving the gross weight of the vehicle was obtained from portable scales of a type approved for the purpose by the minister, no account shall be taken of 500 kg or 5% of the maximum gross weight allowed, whichever is less; and

(b) if the evidence proving the gross weight of the vehicle was obtained by a scale certified by a tester appointed under subsection 73(1), no account shall be taken of 500 kg or 2% of the maximum gross weight allowed, whichever is less.

Penalty re other contraventions

86(22)   A person who contravenes or fails to comply with a prohibition or restriction imposed under subclause (1)(a)(i) or (ii), clause (1)(b) or clause (9)(a) or (b) is guilty of an offence and liable on summary conviction to the penalties set out in section 239.

Vehicles driven or towed under permit

86(23)   Despite subsections (18), (19) and (22), a person is not guilty of an offence if the person's contravention or failure to comply is condoned by a permit issued under section 87.

Vicarious responsibility

86(24)   For the purpose of this section, a person is deemed to have caused or permitted a vehicle to be driven or towed if it is driven or towed by someone who

(a) is the person's employee or agent; and

(b) while driving or towing the vehicle, is acting within the general scope of that employment or agency.

S.M. 1988-89, c. 14, s. 9; S.M. 2002, c. 40, s. 7; S.M. 2004, c. 30, s. 8; S.M. 2008, c. 3, s. 15; S.M. 2013, c. 24, s. 3; S.M. 2013, c. 39, Sch. A, s. 61; S.M. 2015, c. 43, s. 21; S.M. 2018, c. 10, Sch. B, s. 24.

INSPECTION STATIONS

Highway traffic inspection stations

86.1(1)   The traffic authority of a highway may establish at any place on the highway a permanent or temporary inspection station. An inspection station must be identified by means of a traffic control device approved as required by section 81.

Requirement to stop at inspection station

86.1(2)   When an inspection station has been established and the proper traffic control device is displayed, the driver of a regulated vehicle, other than a bus, passing the traffic control device

(a) must proceed directly to and stop at the station for inspection; and

(b) must not proceed unless permitted to do so by the inspector or other person in charge of the station, or by a peace officer.

When stop not required

86.1(3)   Subsection (2) does not apply when the regulated vehicle is exempted by the regulations or the inspection station displays a sign indicating that it is closed.

Co-operation by driver

86.1(4)   A person who has taken a vehicle to scales or stopped a vehicle at an inspection station, as required under this section, must render such reasonable assistance to a peace officer or inspector in the weighing or inspection of the vehicle as the peace officer or inspector requires.

S.M. 2013, c. 24, s. 3; S.M. 2018, c. 10, Sch. B, s. 25.

VEHICLES UNDER PERMIT

Permits to move certain vehicles and property

87(1)   After a request by a vehicle's owner or whenever the traffic authority of a highway considers it appropriate, the traffic authority may issue a permit authorizing a vehicle to be driven or property to be moved by a vehicle over, upon or along the highway although it is not otherwise permitted by this Act or the regulations.

Meaning of "owner" for permit purposes

87(1.1)   In this section, "owner", in relation to vehicles, includes a person who, in the course of a business or other undertaking, engages the services of vehicles to carry property.

Conditions on permits

87(2)   The traffic authority may impose any conditions on a permit that it considers appropriate.  If the traffic authority imposes a condition, the following persons shall comply with the condition:

(a) the permit holder;

(b) a person who operates a vehicle under the permit or the owner of such a vehicle; and

(c) any other person who drives a vehicle or moves property under the permit.

Cancellation of permit

87(2.1)   The traffic authority may cancel a permit if

(a) the permit holder or any other person who operates, owns or drives a vehicle or moves property under the permit

(i) fails to comply with a condition of the permit, or

(ii) contravenes this Act, The Drivers and Vehicles Act or The Manitoba Public Insurance Corporation Act or the regulations under any of those Acts; or

(b) the permit holder fails to pay a fee required to be paid in respect of the permit.

Notice of cancellation

87(2.2)   After a permit is cancelled, the traffic authority shall notify the permit holder about the cancellation by ordinary mail sent to the mailing address the permit holder has given the traffic authority.

Section 276 not to apply

87(2.3)   Section 276 (notice of cancellation) does not apply to a permit issued under this section.

Peace officer's demand re permit

87(3)   After a demand from a peace officer, a person who drives a vehicle or moves property under a permit issued under this section shall produce the permit for the officer's inspection or, if the person is not carrying the permit, give the officer the permit number.

Detention and removal of vehicles and property

87(4)   Where a vehicle or property in respect of which a permit is issued under subsection (1) is driven or moved over, upon, or along, a highway in contravention of conditions imposed in granting the permit, a peace officer may detain the vehicle or property and may remove it, or cause it to be removed, from the highway at the expense of the owner thereof.

Actions for damages prohibited

87(5)   No action lies against a peace officer or against the government or a municipality for loss or damage suffered by any person resulting from the enforcement of, or compliance with, subsection (4).

Limited permits

87(6)   A traffic authority may issue a permit under subsection (1)

(a) authorizing the driving of a vehicle identified in the permit or the moving of property described in the permit

(i) during one particular journey by a route specified in the permit, and

(ii) during a period specified in the permit or without limitation as to time; or

(b) authorizing the driving of vehicles or the moving of property of a kind or nature specified in the permit, during such period as may be specified in the permit or without limitation as to time.

Permit charges

87(7)   A person who wishes to obtain a permit under this section or, if applicable, who holds a permit issued under this section, shall pay the traffic authority the charge specified in the regulations.

87(8)   [Repealed] S.M. 2002, c. 40, s. 8.

S.M. 2002, c. 40, s. 8; S.M. 2004, c. 8, s. 7; S.M. 2005, c. 37, Sch. B, s. 26.

TRAFFIC CONTROL SIGNALS

Compliance with traffic control signals

88(1)   Every driver and every pedestrian shall obey the instructions of a traffic control signal in accordance with this section, unless directed to do otherwise by a peace officer.

Exception for separate signal assembly for left turn

88(1.1)   Notwithstanding anything in this section, when there is a signal assembly at an intersection for the left turn movement of vehicles that is separate from the signal assembly for the through and right turn movement of vehicles, the driver of a vehicle at or approaching the intersection and intending to turn left shall obey the instructions of the traffic control device governing the left turn movement of vehicles only.

Crossing in crosswalks

88(2)   Where, at any place on a highway, it is permissible for a pedestrian to cross the highway, he shall do so in the crosswalk, if any, that is established at that place.

Green traffic control light at intersections

88(3)   When a green traffic control light alone, either steady or flashing, is shown at an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching the intersection and facing the light, subject to section 132 and a traffic control device prohibiting any such movement,

(i) may

(A) proceed across the intersection or turn left or right, or

(B) to make a left turn, establish the vehicle in the intersection just before the centre and complete the turn when it is safe, and

(ii) shall yield the right-of-way to other traffic lawfully within the intersection or within an adjacent crosswalk at the time the light is shown; and

(b) a pedestrian facing the light may proceed, as quickly as is reasonably possible, across the roadway in the direction of the traffic control signal, subject to any pedestrian control signal directing him or her otherwise, and while so proceeding across the roadway has a right-of-way over all vehicles.

Green traffic control light not at intersections

88(4)   When a green traffic control light alone is shown at a place other than an intersection by a traffic control signal, subject to section 132,

(a) the driver of a vehicle at or approaching a facing the light

(i) may proceed to pass the traffic control signal, and

(ii) shall yield the right-of-way to any pedestrian still in the roadway or on a crosswalk adjacent to the traffic control signal when the green light begins to be shown;

(b) a pedestrian facing the light may proceed as quickly as is reasonably possible across the roadway in the direction of the traffic control signal, subject to any pedestrian control signal directing him otherwise, and while so proceeding across the roadway has a right-of-way over all vehicles.

Yellow traffic control light or arrow at intersection

88(5)   When a yellow or amber traffic control light or arrow is being shown at an intersection by a traffic control signal following or accompanying a green traffic control light,

(a) the driver of a vehicle at or approaching the intersection and facing the light or arrow shall not enter the intersection, unless he can leave it before a red traffic control light or such other signal as next follows, begins to be shown; and

(b) a pedestrian,

(i) if facing the light or arrow, shall not begin to cross the roadway until a pedestrian control signal or traffic control light permitting him to do so begins to be shown, and

(ii) if proceeding across, and still in, the roadway and facing such a traffic control light or arrow that begins to be displayed after he entered the roadway,

(A) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and

(B) has a right-of-way for that purpose over all vehicles.

Yellow traffic control light not at a controlled intersection

88(6)   When a yellow or amber traffic control light is being shown at a place other than an intersection by a traffic control signal following or accompanying a green traffic control light,

(a) the driver of a vehicle at or approaching and facing the light shall not proceed past the traffic control signal or enter the crosswalk, if any, adjacent to the traffic control signal unless he can leave the crosswalk, if any, and be past the traffic control signal before a red traffic control light, or such other signal as next follows, begins to be shown;

(b) the pedestrian, if intending to cross the roadway, or to cross in a crosswalk, if any, adjacent to the traffic control signal, shall wait until either

(i) the traffic control signal facing the vehicular traffic shows a red traffic control light, or

(ii) a pedestrian control signal or traffic control light permitting him to cross the roadway adjacent to the traffic control signal is shown; and

(c) a pedestrian, if proceeding across, and still in, the roadway and facing such a traffic control light that begins to be shown after he entered the roadway,

(i) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and

(ii) has a right-of-way for that purpose over all vehicles.

Red traffic control light at intersection

88(7)   When a red traffic control light alone or with a pedestrian control signal is shown at an intersection by a traffic control signal, subject to subsection (16),

(a) the driver of a vehicle at or approaching the intersection and facing the light or signal,

(i) shall stop the vehicle at a clearly marked stop line or, if none, then immediately before entering the crosswalk on the near side of the intersection or, if none, then immediately before entering the intersection, and

(ii) shall not proceed until a traffic control light permitting the movement of the vehicle into the intersection is shown;

(b) a pedestrian facing the light or signal shall not begin to cross the roadway until a pedestrian control signal or traffic control light permitting him to enter the roadway is shown; and

(c) a pedestrian, if proceeding across, and still in, the roadway and facing such a traffic control light or signal that begins to be shown after he entered the roadway

(i) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and

(ii) has a right-of-way for that purpose over all vehicles.

Completing left turn on red

88(7.1)   Despite clause (7)(a), a driver who has established his or her vehicle in an intersection to make a left turn, as permitted by paragraph (3)(a)(i)(B), and is unable to complete the turn during the green or amber light phase, may complete it when the red traffic control light or such other signal as next follows is shown.

Red traffic control light not at intersection

88(8)   When a red traffic control light alone is shown at a place other than an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching and facing the light

(i) shall stop the vehicle at a clearly marked stop line or, if none, then immediately before entering the crosswalk on the near side of the light or, if none, then immediately before reaching the light, and

(ii) shall not proceed until a traffic control light permitting him to pass the traffic control signal is shown;

(b) a pedestrian facing the light shall not begin to cross the roadway until a pedestrian control signal or traffic control light permitting him to enter the roadway is shown; and

(c) a pedestrian, if proceeding across, and still in, the roadway and facing such a traffic control light that begins to be shown after he entered the roadway

(i) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and

(ii) has a right-of-way for that purpose over all vehicles.

Green arrow or green arrow with red light

88(9)   When a green arrow traffic control light or a green arrow in conjunction with a red traffic control light, is shown at an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching the intersection and facing the traffic control light or green arrow

(i) may enter the intersection to make only

(A) the movement indicated by the arrow, or

(B) a U-turn if the green arrow indicates a left turn and there is no traffic control device prohibiting the movement, and

(ii) shall yield the right-of-way to other traffic lawfully within the intersection or within a crosswalk adjacent to the traffic control signal; and

(b) a pedestrian facing the traffic control light or arrow shall not begin to cross the roadway until a pedestrian control signal or traffic control signal permitting him to enter the roadway is shown.

Red flashing traffic control light at intersection

88(10)   When a red flashing traffic control light is shown at an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching the intersection and facing the light shall stop the vehicle

(i) where there is no crosswalk, at a clearly marked stop line, or

(ii) before entering the crosswalk marked out by lines, on the near side of the intersection, or

(iii) when there is neither a stop line nor a marked out crosswalk, at the point nearest the intersecting highway from which the driver has a view of approaching traffic on the intersecting highway,

and, having stopped, he shall yield the right-of-way to traffic that has entered the intersection upon the intersecting highway or that is approaching thereon and is so close that it constitutes an immediate hazard; and he shall not proceed unless he can do so in safety; and

(b) a pedestrian facing the light may proceed across the roadway, and has a right-of-way for that purpose over all vehicles.

Red flashing traffic control light not at intersection

88(11)   When a red flashing traffic control light is shown at a place other than an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching and facing the light

(i) shall stop the vehicle at a clearly marked stop line or, if none, then immediately before reaching the crosswalk on the near side of the light or, if none, then immediately before reaching the traffic control signal, and

(ii) having stopped, shall yield the right-of-way to all pedestrians in the roadway or in a crosswalk adjacent to the traffic control signal, and

(iii) having yielded, shall not proceed unless he can do so in safety; and

(b) a pedestrian facing the light may proceed across the roadway, and has a right-of-way for that purpose over all vehicles.

Yellow flashing traffic control light at an intersection

88(12)   When a yellow or amber flashing traffic control light is shown at an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching the intersection and facing the light

(i) may enter the intersection only with caution, and

(ii) shall yield the right-of-way, stopping if necessary, to a pedestrian

(A) who is within the intersection or a crosswalk adjacent to the traffic control signal, or

(B) who is crossing a roadway within a crosswalk and is upon the half of the roadway upon which the vehicle is travelling, or is approaching from the other half of the roadway and is so close that he is in danger; and

(b) a pedestrian facing the light may proceed across the roadway, and has a right-of-way for that purpose over all vehicles.

Yellow flashing traffic control light not at intersection

88(13)   When a yellow or amber flashing traffic control light is shown at a place other than an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching and facing the light,

(i) may pass the traffic control signal only with caution, and

(ii) shall yield the right-of-way, stopping if necessary, to a pedestrian

(A) still in the roadway or who is within a crosswalk adjacent to the traffic control signal, or

(B) who is crossing a roadway within a crosswalk and is upon the half of the roadway upon which the vehicle is travelling, or is approaching from the other half of the roadway and is so close that he is in danger; and

(b) a pedestrian facing the light may proceed across the roadway, and has a right-of-way for that purpose over all vehicles.

Action of pedestrian when "walk" or "traversez" is shown

88(14)   When the word "walk" or "traversez" or a visual symbol indicating that a person may proceed to cross the roadway is shown by a pedestrian control signal, a pedestrian facing the signal may proceed across the roadway in the direction of the signal and while so proceeding across the roadway has a right-of-way over all vehicles.

"Wait" or "attendez", etc., pedestrian control signal

88(15)   When a traffic control light exhibiting the word "wait" or "don't walk" or "attendez", or a visual symbol indicating that pedestrians are to wait, is shown by a pedestrian control signal in a steady or flashing mode,

(a) a pedestrian facing the traffic control light shall not begin to cross the roadway until the word "walk" or "traversez" or a visual symbol indicating that pedestrians may proceed, is shown by the pedestrian control signal; and

(b) a pedestrian, if proceeding across, and still in, the roadway and facing a traffic control light exhibiting the word "wait" or "don't walk" or "attendez", or a visual symbol indicating that pedestrians are to wait, that begins to be shown after he entered the roadway, shall proceed across the roadway or, in the case of a divided highway, both roadways as quickly as is reasonably possible; and he has a right-of-way for that purpose over all vehicles.

Right turn on red light

88(16)   Except where there is at the intersection a traffic control device indicating otherwise, where a red traffic control light alone or with a pedestrian control signal is shown at an intersection, the driver of a vehicle at or approaching the intersection and facing the traffic control light, having stopped and yielded the right-of-way to traffic that had entered the intersection upon the intersecting highway or that is approaching thereon and is so close that it constitutes an immediate hazard, may, if he can do so in safety, enter the intersection and make a right turn into the intersecting highway.

Flashing green arrow

88(17)   When a flashing green left pointing arrow traffic control light, in conjunction with a green traffic control light, is shown at an intersection by a traffic control signal,

(a) the driver of a vehicle at or approaching the intersection and facing the flashing green arrow

(i) may proceed across the intersection or turn right, subject to a traffic control device prohibiting any such movement,

(ii) may proceed through the intersection to make

(A) a left turn, or

(B) subject to a traffic control device prohibiting any such movement, a U-turn, and

(iii) shall yield the right-of-way to other traffic lawfully within the intersection or within an adjacent crosswalk at the time the light is shown; and

(b) a pedestrian facing the flashing green arrow shall not begin to cross the roadway until a pedestrian control signal or traffic control signal permitting him to enter the roadway is shown.

Entering or crossing intersections with traffic control lights

88(18)   Notwithstanding any other provision of this Act, no driver of a vehicle shall enter or proceed across an intersection controlled by a traffic control light which, at the time, permits the movement, unless there is sufficient space on the other side of the intersection to accommodate the vehicle without obstructing the passage of pedestrians proceeding within a crosswalk or pedestrian corridor, or other traffic that, in either case, is proceeding or is permitted to proceed lawfully.

Left turn on red light

88(19)   Notwithstanding subsection (7), and except where there is at the intersection a traffic control device indicating otherwise, where a red traffic control light alone, or with a pedestrian control signal, is shown at an intersection of 2 one-way highways, the driver facing the red traffic control light and intending to make a left turn onto the other one-way highway shall

(a) stop the vehicle at a clearly marked stop line, or if none, immediately before entering the crosswalk on the near side of the intersection or, if none, immediately before entering the intersection;

(b) yield the right-of-way to traffic and pedestrians that had entered the intersection or that is approaching it and is so close as to constitute an immediate hazard; and

(c) having yielded the right-of-way to all other traffic may, if he can do so in safety, enter the intersection and make a left turn into the other one-way highway.

Red traffic control light with transit priority signal

88(20)   When a red traffic control light in conjunction with a transit priority signal is shown at an intersection by a traffic control signal,

(a) the driver of a public transit vehicle at or approaching the intersection may enter the intersection and

(i) shall yield the right-of-way to other traffic lawfully within the intersection or within an adjacent crosswalk at the time the light is shown, and

(ii) the driver of any other vehicle at or approaching the intersection and facing the light shall not enter the intersection until a traffic control light permitting him to do so is shown; and

(b) a pedestrian

(i) facing the light shall not begin to cross the roadway until a pedestrian control signal or traffic control light permitting him to do so is shown, and

(ii) if proceeding across, and still in, the roadway and facing such a traffic control light that begins to be displayed after he entered the roadway,

(A) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and

(B) has a right-of-way for that purpose over vehicles.

S.M. 1996, c. 26, s. 9; S.M. 2002, c. 40, s. 9.

BY MUNICIPAL AUTHORITY

Certain municipal by-laws respecting motor vehicles prohibited

89   Except as in this Act otherwise provided, the council of a municipality shall not pass, enforce, or maintain any by-law

(a) requiring from any owner of a motor vehicle or a driver, or a dealer who holds a valid dealer's permit under The Drivers and Vehicles Act, any tax, fee, licence, or permit for or on account of the ownership or use of motor vehicles; or

(b) excluding any of such persons from the use of a highway, except any driveway, speedway, or road that has been expressly set apart, by by-law, for the exclusive use of horses and light carriages; or

(c) that in any way affects the registration or numbering of motor vehicles; or

(d) regulating the speed of motor vehicles on a highway; or

(e) forbidding the use of any highway, contrary to or inconsistent with The Drivers and Vehicles Act or this Act;

and any by-law, or the provisions thereof, contrary to this section is or are of no validity or effect.

S.M. 2005, c. 37, Sch. B, s. 27.

Making of certain rules and by-laws by traffic authorities

90(1)   A traffic authority may classify vehicles according to dimensions, design, weight, kind of weight carried or otherwise, for any class or all classes of vehicles and may make rules or by-laws supplementary to, or in addition to, but not contrary to, any provision of this Act, The Drivers and Vehicles Act or the regulations under either Act and applicable on highways over which the traffic authority has jurisdiction or within any area over which the traffic authority has jurisdiction, with respect to

(a) parking, stopping and standing of vehicles and bicycles;

(b) obstruction of traffic;

(c) one-way streets or one-way roadways;

(d) prescribing routes of travel, including prohibiting certain traffic from travelling on certain routes of travel or requiring certain traffic to travel only on certain routes of travel;

(e) pedestrian traffic including pedestrian corridors;

(f) loading zones and bus stops;

(g) safety zones;

(h) preventing drivers of motor vehicles from making unnecessary noise in the vicinity of hospitals;

(i) preventing turning otherwise than at intersections, and otherwise regulating such turning;

(j) traffic on streets in the vicinity of public schools;

(k) traffic at intersections;

(l) traffic lanes, including prohibiting certain traffic from travelling on certain traffic lanes or requiring certain traffic to travel only on certain traffic lanes;

(m) [repealed] S.M. 1988-89, c. 14, s. 10;

(n) the directions that vehicles or bicycles must follow on certain streets or roadways;

(o) any matter that is prescribed in the regulations;

and may impose penalties for a violation of any such rule or by-law.

Penalty to be imposed by by-law

90(2)   Where the traffic authority imposing a penalty under subsection (1) is a municipality, the council of the municipality shall impose the penalty by by-law.

Rules affecting provincial highways

90(3)   Notwithstanding subsection (1), the council of an urban municipality may make rules or by-laws as provided in subsection (1) applicable to any part of a provincial highway within the municipality; but no such rule or by-law has effect unless approved in writing by the minister or the minister's delegate, and the notice of approval is attached to and forms part of the rule or by-law.

Withdrawal of approval

90(4)   The minister or the minister's delegate may, by a notice in writing, withdraw an approval given under subsection (3), and the withdrawal is effective and any rule or by-law previously approved thereunder is void on and from the date set out in the notice.

Notice of rules and by-laws

90(5)   Subject to the regulations, a traffic authority that has made a rule or by-law under subsection (1) or (3) must indicate the rule or by-law, or make it known, by traffic control devices or peace officers.

Nature of traffic control device

90(6)   Subject to section 81, a traffic control device to which reference is made in subsection (5) shall consist of a sign containing a verbal notice, command, caution, or warning, or of a representation of an arrow or other symbol or device, or both.

Compliance with rules and by-laws

90(7)   Where a rule or by-law made under subsection (1) is indicated or made known to drivers as required by subsection (5), every driver shall obey the rule or by-law, except when directed to do otherwise by a peace officer.

Supplementary rules and by-laws

90(8)   A rule or by-law made under subsection (1) may supplement section 88 by authorizing traffic control signals showing traffic control lights and signals for which provision is not made in that section; but, no such rule or by-law shall alter, or purport to alter, the meaning or effect required, under this Act, to be given to a traffic control light or signal for which provision is made in section 88, or alter, or purport to alter, the manner in which drivers and pedestrians shall comply with such a traffic control light or signal.

Powers of minister

90(9)   The minister has, with respect to

(a) provincial highways; and

(b) forest reserves owned or administered by Her Majesty;

the powers that a municipality has under subsections (1) and (8), subject to limitations and restrictions the same as those imposed under subsections (5) and (8); and drivers are under the same obligations with respect to a rule made under this subsection as is imposed on them under subsection (7) with respect to a rule made under subsection (1).

90(10)   [Repealed] S.M. 2013, c. 39, Sch. A, s. 61.

Permit to hold parades, motorcades etc., on provincial highways

90(11)   Unless the traffic authority has temporarily closed a provincial highway or any portion thereof to other traffic, no person, organization or club shall conduct, hold or operate a caravan, motorcade, parade, rally or other special event on a provincial highway unless a permit therefor has been issued by the Officer Commanding the Royal Canadian Mounted Police or any person authorized by him for the purpose.

Permit may be subject to terms and conditions

90(12)   The Officer Commanding may issue a permit under subsection (1) and make it subject to such conditions as to him appears necessary to ensure the safety of the public and the participants; and the person, organization or club shall comply with any conditions stated in the permit.

S.M. 1988-89, c. 14, s. 10; S.M. 1991-92, c. 25, s. 33 and 34; S.M. 1996, c. 26, s. 10; S.M. 2001, c. 43, s. 44; S.M. 2005, c. 37, Sch. B, s. 28; S.M. 2012, c. 34, s. 4; S.M. 2013, c. 39, Sch. A, s. 61; S.M. 2018, c. 10, Sch. B, s. 26.

Safety zones

91   When a municipality establishes a safety zone, it shall cause the zone to be so plainly marked or indicated by proper signs and lights as to be plainly visible at all times.

92   [Repealed]

S.M. 2004, c. 30, s. 9.

Municipal by-laws prohibiting standing, etc.

93(1)   The council of a municipality by which a traffic control device has been erected under subsection 79(3) may, by by-law

(a) provide that no person shall stop, stand, or park a vehicle on the highway or portion thereof to which the sign relates in contravention of the traffic control device or for a period longer than, or otherwise than, as authorized by the traffic control device;

(b) provide that any person who causes or permits a vehicle to remain stationary in any portion of a highway during a period when stopping on that portion thereof is prohibited as indicated by a traffic control device is guilty of an offence; and

(c) impose penalties for any breach of the by-law.

Residential parking permits

93(2)   The council of a municipality may by by-law provide for the issuance of permits to allow persons, subject to such conditions and restrictions as the by-law may provide, to park their motor vehicles on the highway notwithstanding any specific prohibitions or restrictions on parking of vehicles on that highway, as indicated by traffic control devices.

S.M. 1987-88, c. 23, s. 9; S.M. 1996, c. 26, s. 11.

94   [Repealed]

S.M. 2021, c. 5, s. 13.

DIVISION II

SPEED RESTRICTIONS

RESTRICTED SPEED AREAS

Designation of restricted speed areas

94.1(1)   Subject to clause (2)(b), the following are designated as restricted speed areas:

(a) the City of Winnipeg;

(b) an urban municipality;

(c) a local urban district established or continued under The Municipal Act;

(d) any other geographic area, highway or portion of a highway designated as a restricted speed area under the regulations.

Minister's powers re restricted speed areas

94.1(2)   The minister may, by regulation,

(a) designate any geographic area, highway or portion of a highway as a restricted speed area; and

(b) exempt any geographic area, highway or portion of a highway from being a restricted speed area.

Designation or exemption

94.1(3)   A designation or exemption under subsection (2)

(a) may be permanent or limited to certain times of the year; and

(b) applies to all roadways on the applicable portion of a highway unless the regulation states otherwise.

S.M. 2018, c. 10, Sch. B, s. 27.

SPEED LIMITS

Speed limits — general rule

94.2   The speed limit on any portion of a highway is 50 km/h within a restricted speed area and 90 km/h outside a restricted speed area, unless

(a) a different speed limit has been fixed under section 94.3; or

(b) the portion of the highway is a service road, in which case the speed limit is as determined under section 94.4.

S.M. 2018, c. 10, Sch. B, s. 27.

Minister may fix speed limit

94.3(1)   The minister may, by regulation,

(a) fix a speed limit for any geographic area, highway or portion of a highway for which the minister is the responsible traffic authority; and

(b) at the request of a traffic authority other than the minister, fix a speed limit of more than 90 km/h for any geographic area, highway or portion of a highway for which that traffic authority is responsible.

Traffic authority may fix speed limit

94.3(2)   Subject to the regulations, a traffic authority other than the minister may fix, by rule or by-law, a speed limit of up to 90 km/h for any geographic area, highway, or portion of a highway for which it is the responsible traffic authority.

Speed limit fixed by minister prevails

94.3(3)   A speed limit established under clause (1)(b) prevails over any speed limit established under subsection (2).

Application to different roadways on same highway

94.3(4)   A speed limit fixed under subsection (1) or (2) applies to all roadways on the affected portion of a highway except a service road, unless the applicable regulation, rule or by-law states otherwise.

S.M. 2018, c. 10, Sch. B, s. 27; S.M. 2021, c. 48, s. 18; S.M. 2021, c. 48, s. 18.

Service roads

94.4   The speed limit on any portion of a service road is the one fixed for that portion under section 94.3 or, if no speed limit has been fixed, the lesser of

(a) the speed limit on the primary roadway on the same portion of highway as the service road; and

(b) 50 km/h if the service road is inside a restricted speed area and 90 km/h if the service road is outside a restricted speed area.

S.M. 2018, c. 10, Sch. B, s. 27.

Designated construction zones and school zones

94.5   Despite any other provision in this Act, the speed limit on any portion of a highway within

(a) a designated construction zone is the speed limit established for that portion of highway under section 77.1, if one has been established under that section; and

(b) a school zone is the speed limit established for that portion of highway under section 98.1, if one has been established under that section.

S.M. 2018, c. 10, Sch. B, s. 27.

Speeding offences

95(1)   A person is guilty of an offence if the person drives a vehicle on any portion of a highway

(a) at a speed greater than 90 km/h if no speed limit has been indicated by a traffic control device;

(b) at a speed greater than the speed limit for that portion of the highway indicated by a traffic control device;

(c) in a designated construction zone at a speed greater than the speed limit for that portion of the highway indicated by a traffic control device; or

(d) in a school zone at a speed greater than the speed limit for that portion of the highway indicated by a traffic control device.

Duty to keep reasonable and prudent speed

95(2)   Despite driving at a speed less than or equal to the speed limit, a person is guilty of an offence if the person drives a vehicle on any portion of a highway at a speed or in a manner that

(a) is not reasonable and prudent having regard to all circumstances; or

(b) constitutes or may constitute a danger to any person on or near the highway.

S.M. 2004, c. 30, s. 10; S.M. 2012, c. 5, s. 3; S.M. 2013, c. 21, s. 7; S.M. 2018, c. 10, Sch. B, s. 27.

96 to 98   [Repealed]

S.M. 1989-90, c. 4, s. 4; S.M. 1991-92, c. 25, s. 35; S.M. 2012, c. 5, s. 4; S.M. 2018, c. 10, Sch. B, s. 28.

Speed limits in school zones

98.1(1)   By making a by-law in accordance with the regulations, a traffic authority, or another local government entity prescribed in the regulations, may establish the speed limit for vehicles being driven in a school zone on a highway, including a provincial highway, that is within the geographical boundaries of the traffic authority's traffic jurisdiction or the entity's local government jurisdiction. The speed limit established under this section may be lower than the speed limit for the portion of highway containing the school zone provided for or fixed under another provision of this Act.

Designating school zones

98.1(2)   In accordance with the regulations, a traffic authority, or another local government entity prescribed in the regulations, may designate school zones on highways, including provincial highways, that are within the geographical boundaries of the traffic authority's traffic jurisdiction or the entity's local government jurisdiction.

Complying with school zone speed limit

98.1(3)   If the existence of a school zone and the speed limit in it are indicated to drivers by traffic control devices erected in accordance with the regulations, a person must not drive a vehicle in the school zone at a speed greater than the speed limit established in accordance with subsection (1).

Regulations about school zones

98.1(4)   The Lieutenant Governor in Council may make regulations

(a) respecting the exercise by a traffic authority or local government entity of the powers set out in subsections (1) and (2), including

(i) authorizing local government entities other than traffic authorities to exercise the powers set out in subsections (1) and (2),

(ii) prescribing restrictions that apply to the exercise of the power to

(A) designate portions of highways as school zones, or

(B) establish the speed limits for vehicles being driven in school zones,

(iii) imposing requirements with which a traffic authority or local government entity must comply

(A) when it designates a portion of a highway as a school zone, which may include the requirement that the traffic authority must make the designation under a by-law, and

(B) for the designation to continue, and

(iv) imposing requirements with which a traffic authority or local government entity must comply

(A) when it establishes the speed limit for vehicles being driven in a school zone, and

(B) for the speed limit to continue to apply to the school zone;

(b) approving traffic control devices for the purposes of

(i) identifying school zones, and

(ii) indicating to drivers the speed limit for vehicles being driven in those school zones;

(c) authorizing traffic authorities and local government entities to erect traffic control devices approved by a regulation made under clause (b) and prescribing requirements with which they must comply regarding the erection, placement and maintenance of the devices;

(d) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section.

Application of regulations

98.1(5)   A regulation made under subsection (4) may be general or particular in its application and may apply to the whole or any part of the province.

Conflict

98.1(6)   If there is a conflict between the speed limit established for a school zone under this section and a speed limit established under any provision of this Act, the speed limit established under this section prevails.

Meaning of "traffic authority"

98.1(7)   In this section, "traffic authority" does not include the minister or the owner of privately owned land on which a highway is located.

S.M. 2012, c. 5, s. 5; S.M. 2018, c. 10, Sch. B, s. 29; S.M. 2021, c. 4, s. 17.

Determination of speed on guilty pleas

99   If a person pleads guilty to an offence under subsection 95(1), the report of a peace officer as to the speed at which the person accused was driving the vehicle at the time the offence was committed, as determined by a speedometer or a speed timing device, is prima facie proof of the speed at which the accused was driving the vehicle.

S.M. 2018, c. 10, Sch. B, s. 30.

Regulations re minimum speed

100(1)   For any highway or portion of a highway, the minister may fix a minimum permitted speed by regulation.

100(2)   [Repealed] S.M. 2018, c. 10, Sch. B, s. 31.

Erection of traffic control devices

100(3)   If the minister makes a regulation under subsection (1), the traffic authority shall erect and maintain "Stop" or "Arrêt Stop" signs, "Yield" or "Cédez le passage" signs, or traffic control devices at the intersection of all other highways with the highway or portion thereof to which the regulation applies, and shall erect and maintain at each end of the highway or the portion thereof to which the order applies and along the highway or portion thereof at intervals of not more than 4 kilometres, signs indicating the minimum permitted speed.

Order of peace officer directing increased speed

100(4)   Where the driver of a motor vehicle is driving at such a slow speed that he is impeding or blocking the normal and reasonable flow of traffic or is driving at a rate less than the minimum fixed under subsection (1), a peace officer may require him to increase his rate of speed or to remove the vehicle from the highway.

S.M. 2018, c. 10, Sch. B, s. 31.

101   [Repealed]

S.M. 2018, c. 10, Sch. B, s. 32.

Compliance with minimum speed requirement

102   No person shall drive a motor vehicle on a highway in respect of which a regulation has been made under subsection 100(1), and in respect of which traffic control devices have been erected and are maintained as required under subsection 100(3), at a rate of speed less than the minimum permitted speed fixed for that highway or portion thereof, unless

(a) the driver is impeded by other traffic travelling on the highway or by the condition of the highway or the weather; or

(b) the driver is decelerating in compliance with the instructions on a traffic control device erected on the highway; or

(c) the driver is decelerating for the purpose of turning from the highway or stopping in compliance with the provisions of this Act; or

(d) the driver is complying with the order of a peace officer.

S.M. 2018, c. 10, Sch. B, s. 33.

103 to 105   [Repealed]

S.M. 1993, c. 48, s. 68; S.M. 1996, c. 58, s. 455; S.M. 2001, c. 43, s. 44; S.M. 2012, c. 40, s. 60; S.M. 2018, c. 10, Sch. B, s. 33; S.M. 2018, c. 10, Sch. B, s. 34.

EMERGENCY VEHICLES

Operation of emergency vehicles

106(1)   Notwithstanding anything in this Part, but subject to subsections (2) and (4),

(a) the driver of an emergency vehicle;

(b) a peace officer driving a vehicle;

(b.1) the driver of any vehicle

(i) who is accompanied by a peace officer or is driving a vehicle that is escorted by a vehicle driven by a peace officer, or

(ii) that is carrying first aid or rescue equipment;

when responding to an emergency or when in pursuit of an actual or suspected violator of the law, may

(c) exceed the speed limit;

(d) proceed past a traffic control signal showing a red light or a stop or arrêt signal without stopping;

(e) disregard rules and traffic control devices governing direction of movement or turning in specified directions; and

(f) stop or stand.

Requirements respecting emergency vehicles

106(2)   The driver of a vehicle to which subsection (1) applies shall not exercise the privileges granted under that subsection unless

(a) the driver is sounding the horn or siren; and

(b) if the vehicle is an emergency vehicle, it is equipped with lighting that complies with the regulations and illuminated if required to be illuminated under the regulations.

106(3)   [Repealed] S.M. 2018, c. 10, Sch. B, s. 35.

Safety requirements

106(4)   The driver of a vehicle to which subsection (1) applies, when exercising any of the privileges granted under that subsection, shall drive with due regard for safety having regard to all the circumstances of the case.

106(5) and (6)   [Repealed] S.M. 1996, c. 26, s. 12.

Prohibitions re use of sirens and emergency lighting

106(7)   Subject to subsection (2), the driver of an emergency vehicle on a highway shall not sound the siren or illuminate any lighting if prohibited from doing so by the regulations.

106(7.1)   [Repealed] S.M. 2018, c. 10, Sch. B, s. 35.

Obligation of emergency motor vehicle drivers

106(8)   Nothing in this section shall be construed

(a) as permitting the driver of a motor vehicle described in subsection (1) to operate or park the motor vehicle in a negligent manner; or

(b) as relieving the driver of a motor vehicle described in subsection (1) from complying with subsection (2) while pursuing another motor vehicle driven by a person who is attempting to avoid apprehension.

S.M. 1987-88, c. 23, s. 9.1; S.M. 1991-92, c. 25, s. 36 and 37; S.M. 1996, c. 26, s. 12; S.M. 2018, c. 10, Sch. B, s. 35.

Testing speedometers

107   Notwithstanding anything in this Part, a peace officer may exceed the speed limit while operating a motor vehicle for the purpose of testing the accuracy of the speedometer on the motor vehicle by means of a speed timing device.

SPEEDOMETER TESTING

Speedometer testers

107.1(1)   The minister may appoint one or more qualified persons as testers of the speedometers on motor vehicles.

Effective tester's certificate

107.1(2)   In any prosecution under this Act, a certificate purporting to be issued by a tester appointed under subsection (1), bearing a date thereon not more than thirty days before or after the date of an alleged offence charged in the information or complaint, signed by the tester, and stating therein the results of a test of the speedometer on the motor vehicle mentioned therein, is admissible in evidence as prima facie proof of the accuracy of the speedometer as stated in the certificate on the date of the alleged offence in the information or complaint.

Testing speedometer by other means

107.1(3)   Notwithstanding subsections (1) and (2), the speedometer of a motor vehicle may be tested for accuracy by a speed timing device of a type approved under clause 255(8)(a) and which has been certified to be accurate by a peace officer who is present at the time and place where the accuracy of the speedometer was tested.

Effect of certificate by peace officer

107.1(4)   In any prosecution under this Act, a certificate purporting to be issued and signed by a peace officer who certified the accuracy of the speed timing device used to test the accuracy of the speedometer on a motor vehicle, and who was present at the time and place where the speedometer was tested, bearing a date thereon not more than thirty days before or after the date of the alleged offence charged in the information or complaint, and stating therein the results of the test of the speedometer on the motor vehicle mentioned therein, is admissible, if the certificate is given by the peace officer other than the peace officer laying the information or complaint, in evidence as prima facie proof of the accuracy of the speedometer on the date of the alleged offence.

S.M. 2013, c. 47, Sch. A, s. 127; S.M. 2018, c. 10, Sch. B, s. 8.

DIVISION III

RULES OF THE ROAD

DRIVING ON RIGHT SIDE OF ROADWAY
OVERTAKING, PASSING, ETC.

Compliance with traffic control devices

108(1)   Where a traffic authority has marked or placed on a roadway a clearly indicated directional dividing line, which may be either a broken line or a solid line, and has indicated, by traffic control devices, the part of the roadway on each side of the directional dividing line that may be used by traffic proceeding in each direction, the driver of a vehicle on the roadway shall act as indicated by the traffic control devices.

Change in position of dividing lines

108(2)   A traffic authority may mark or place directional dividing lines and the relevant traffic control devices so that, at certain times of the day, the part of the roadway available for the use of traffic proceeding in a certain direction is wider or narrower than the part available for such traffic at other times of the day.

Compliance with overhead lane direction signals

108(3)   Where a traffic authority has placed above a traffic lane a traffic control device, displaying a downward pointing green arrow, a driver facing the device is permitted to drive in the traffic lane over which the device is located.

Compliance with overhead lane direction signals

108(4)   Where a traffic authority has placed above a traffic lane, a traffic control device, displaying a red "X", a driver facing the device shall not drive or continue to drive in the traffic lane over which the device is located.

S.M. 1985-86, c. 12, s. 10; S.M. 2018, c. 10, Sch. B, s. 36.

Prohibition as to driving left of dividing line, and exceptions

109(1)   No driver shall drive a vehicle to the left of the directional dividing line of a roadway except,

(a) where the width of the roadway is such that it is not practicable to remain to the right of the directional dividing line; or

(b) when overtaking and passing another vehicle proceeding in the same direction; or

(c) when the roadway to the right of the directional dividing line is obstructed by a parked vehicle or other objects; or

(d) when the roadway to the right of the directional dividing line is closed to traffic; or

(e) upon a one-way roadway indicated as such as required under subsection 90(5); or

(f) when permitted under section 124.2.

Slow vehicles to keep to right

109(2)   The driver of a vehicle who is proceeding at less than the normal speed of traffic at the time and place, and under the conditions, then existing shall drive in the right-hand lane then available for traffic, or as close as practicable to the right-hand kerb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left-hand turn at an intersection or into a private road or driveway.

Application of subsection (2)

109(3)   A driver shall, prima facie, be deemed to be a driver to whom subsection (2) applies if the vehicle that he is driving is being driven at a rate of speed less than 30 kilometres per hour; but this subsection does not apply in the case of an intersection or where traffic conditions are such that even a rate of speed less than 30 kilometres per hour may be a rate greater than the maximum speed at which a person driving with due care and attention and with reasonable consideration for other persons should drive.

Driving around rotary traffic island

109(4)   A driver when passing around a rotary traffic island shall drive to the right of the island.

S.M. 1991-92, c. 24, s. 2.

Definitions

109.1(1)   The following definitions apply in this section.

"designated vehicle" means the following motor vehicles:

(a) a roadside assistance vehicle;

(b) a government enforcement officer's vehicle;

(c) a vehicle that is prescribed in the regulations. (« véhicule désigné »)

"emergency lamps" means the lamps required or permitted under the regulations as special equipment for a type of emergency vehicle or designated vehicle. (« feux d'urgence »)

"emergency vehicle" means

(a) a vehicle used by a police force;

(b) a vehicle used by a fire department; or

(c) a vehicle used by an ambulance service. (« véhicule d'urgence »)

"government enforcement officer" means an employee of the government who is appointed under an Act to enforce the Act or another Act or to enforce a regulation made under an Act. (« agent d'exécution du gouvernement »)

"government enforcement officer's vehicle" means a motor vehicle used by a government enforcement officer to carry out his or her duties on a highway. (« véhicule d'agent d'exécution du gouvernement »)

"roadside assistance vehicle" means the following motor vehicles:

(a) a tow truck or another motor vehicle that is equipped to remove from the highway a vehicle that is damaged, disabled or inoperable, whether by hoisting and towing it or loading and carrying it away;

(b) a motor vehicle that is used to provide service or minor repair at roadside to a vehicle that is damaged, disabled or inoperable, including battery service, tire changing and repairs and locked vehicle service;

but does not include a class of motor vehicles that is excluded from this definition by the regulations. (« véhicule d'assistance routière »)

Approaching an emergency or designated vehicle

109.1(2)   Subject to subsection (4), the driver of a vehicle must take the safety precautions set out in subsections (2.1) and (3) when approaching one of the following vehicles that is stopped on the highway or is engaged in a roadside assistance or enforcement activity prescribed by the regulations or in another prescribed activity:

(a) an emergency vehicle that has its emergency lamps in operation;

(b) a designated vehicle that, in accordance with this Act and the regulations, is using

(i) its emergency lamps or other lighting equipment, and

(ii) if applicable, warning or safety signs or equipment.

Basic safety precautions and maximum speed

109.1(2.1)   The driver of the approaching vehicle must

(a) slow the approaching vehicle to not more than

(i) 40 km/h if the speed limit in the location of the emergency vehicle or designated vehicle is more than 40 km/h but not more than 79 km/h, and

(ii) 60 km/h if the speed limit in the location of the emergency vehicle or designated vehicle is 80 km/h or more;

(b) not exceed the speed required by clause (a) until the approaching vehicle has passed the emergency vehicle or designated vehicle;

(c) proceed with caution to ensure that the approaching vehicle does not collide with the emergency vehicle or designated vehicle and does not endanger any person outside of it; and

(d) pass the emergency vehicle or designated vehicle only if it is safe to do so.

Two or more lanes of traffic in same direction

109.1(3)   In addition to complying with subsections (2) and (2.1), the driver of the approaching vehicle must move it into a traffic lane farther from the emergency vehicle or designated vehicle if

(a) the approaching vehicle is travelling in the traffic lane occupied by the emergency vehicle or designated vehicle, or in a traffic lane adjoining the part of the highway occupied by the emergency vehicle or designated vehicle;

(b) there are two or more traffic lanes on the side of the highway on which the approaching vehicle is travelling; and

(c) the movement can be made safely.

Exception — vehicles on opposite sides of divided highway

109.1(4)   This section does not apply if the approaching vehicle is on a divided highway and the directional dividing line is between the approaching vehicle and the emergency vehicle or designated vehicle.

S.M. 2004, c. 30, s. 11; S.M. 2010, c. 7, s. 3; S.M. 2013, c. 4, s. 3; S.M. 2018, c. 10, Sch. B, s. 37.

Rules re driving on laned roadways

110   Unless he is required to yield the right-of-way to an emergency vehicle or other vehicle to which subsection 106(1) applies, or unless he is otherwise directed or authorized by a peace officer or by a traffic control device, a driver who is driving a vehicle on a laned roadway shall comply with the following provisions, namely:

(a) He may drive from one lane to another where one or more broken lines only exist between lanes.

(b) Except as provided in clauses (c) and (d), he shall not drive from one lane to another where such action necessitates the crossing of a solid line.

(c) When a solid line and a broken line exist together, he may, with caution, cross the solid line from the lane in which the broken line is located, and recross.

(d) He may, with caution, cross a solid line when necessary to turn left into a private road or driveway or when necessary on entering the roadway from a private road or driveway.

(e) He shall not drive from one lane to another without first signalling his intention to do so in the manner prescribed by sections 125 and 126.

(f) When approaching an intersection and intending to turn left or when intending to turn left into a private road or driveway, he shall travel in the left-hand lane available to traffic moving in the direction of the travel of the vehicle.

(g) When approaching an intersection and intending to turn right, he shall travel in the lane nearest to the right-hand side of the roadway and may pass another vehicle travelling in the same direction in a lane to his left; and when making the turn he shall keep as close as is practicable to the right-hand side of the roadway.

(h) He shall not use the centre lane of a three-lane roadway except when passing another vehicle proceeding in the same direction, or when approaching an intersection where he intends to turn to the left, or when that lane is designated for traffic moving in the direction of travel of his vehicle.

(i) Subject to section 115, when overtaking another vehicle that is travelling in the same direction, he shall in passing keep to the left of the other vehicle and where there are two or more lanes available to traffic moving in that direction, he shall in passing keep to the right of the directional dividing line.

(j) Where a traffic control device directs slow-moving traffic to use a designated lane, when driving slowly he shall use that lane only.

(k) Subject to section 115, when being overtaken by another vehicle travelling in the same direction,

(i) he shall allow that vehicle to pass and shall travel in the lane nearest to the right-hand side of the roadway or in a manner that allows the overtaking vehicle free passage to the left in a lane available to traffic moving in the direction of the travel of his vehicle, and

(ii) he shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

(l) Except when crossing from one lane to another as permitted herein, he shall at all times keep the vehicle he is driving wholly within one lane.

Rules for riding a moped

111   A person who operates a moped on a highway shall

(a) operate it as closely as practicable to the right-hand edge or curb of the roadway, unless the highway is designated for traffic in one direction and has three or more traffic lanes;

(b) operate it as closely as practicable to the right- or left-hand edge or curb of the roadway, if the highway is designated for traffic in one direction and has three or more traffic lanes;

(c) except when overtaking or passing, not operate it beside another moped, or a bicycle or power-assisted bicycle, that is operating in the same lane; and

(d) at all times, keep at least one hand on the handlebar.

S.M. 2004, c. 30, s. 12; S.M. 2018, c. 10, Sch. B, s. 38.

Keeping to right when meeting

112(1)   The driver of a vehicle shall keep to his right when he is meeting another vehicle that is moving.

Yielding half of roadway

112(2)   The driver of a vehicle upon a roadway that has a width for only one line of traffic in each direction shall, when meeting another vehicle that is moving, give to the other vehicle at least one-half of the roadway as nearly as possible.

Passing on very narrow roadways

112(3)   If it is impracticable for drivers of moving vehicles that are meeting one another

(a) each to give to the other at least one-half of the roadway; or

(b) to pass each other on the right;

each of the drivers shall immediately stop his vehicle and before proceeding to pass the other shall take all reasonable steps to learn whether he can do so with safety to himself and others; and, if required, each of the drivers shall assist the other to pass in safety.

Slow driver to proceed in right hand lane

112(4)   Subject to subsection (5), where a driver of a vehicle is proceeding at a slower rate of speed than other traffic he shall

(a) drive in the extreme right hand lane where the roadway has 2 or more lanes; or

(b) drive as closely as is practicable to the right hand edge or curb of the roadway.

Non-application of subsection (4)

112(5)   Subsection (4) does not apply where

(a) the driver is overtaking other vehicles proceeding in the same direction; or

(b) the driver intends to turn to the left; or

(c) the right hand lane or edge of the roadway is impassable or otherwise obstructed; or

(d) the driver is directed by a traffic control device or a peace officer to drive in another lane or part of the roadway.

S.M. 2021, c. 25, s. 4.

Use of lights

113(1)   At a time when the regulations require the headlamps of a motor vehicle to be lighted, a person driving a motor vehicle on a highway

(a) may use either the high beam or the low beam if the beam used is sufficient to reveal persons and vehicles on the highway at a safe distance in advance of the vehicle; and

(b) must dim the headlamps or deflect their beams, and keep them dimmed or deflected, anytime the motor vehicle is within 450 m or less from an oncoming motor vehicle on the highway.

Low beam when following close

113(2)   When such a motor vehicle is following another vehicle and is within 60 metres thereof, unless it is overtaking and about to pass the other vehicle, the driver shall use the low beam.

S.M. 2018, c. 10, Sch. B, s. 39.

Rules when overtaking

114(1)   Except as provided in section 115, a driver overtaking another vehicle or bicycle proceeding in the same direction

(a) shall pass to the left thereof at a safe distance; and

(b) shall not return to the right side of the highway until safely clear of the overtaken vehicle or bicycle.

Rules when being overtaken

114(2)   Except when overtaking and passing on the right is permitted, a driver of a vehicle being overtaken,

(a) upon hearing or seeing any signal given from the overtaking vehicle, shall give way to the right in favour of the overtaking vehicle; and

(b) shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

S.M. 1989-90, c. 56, s. 11.

Overtaking on right prohibited with exceptions

115(1)   A driver shall not overtake and pass upon the right of another vehicle, except

(a) when the vehicle overtaken is making a left turn or its driver has signalled his intention to make a left turn; or

(b) when on a laned roadway there are two or more unobstructed lanes available to traffic moving in the direction of travel of the vehicle; or

(c) upon a one-way roadway, where the roadway is free from obstructions and is of sufficient width for two or more lines of moving vehicles.

Where no exceptions

115(2)   Notwithstanding subsection (1), no driver shall overtake and pass another vehicle upon the right,

(a) when the movement cannot be made with reasonable safety; or

(b) by driving off the roadway.

No driving to left unless clear view

116(1)   No driver shall drive a vehicle to, or upon the left side of, the directional dividing line of a roadway, other than a one-way roadway, when he has not a clear view of the highway for a safe distance having regard for all the circumstances.

Safety requirements

116(2)   Without restricting the generality of subsection (1), no driver shall drive a vehicle to, or upon the left side of, the directional dividing line of a roadway in overtaking and passing another vehicle unless the left side of the roadway is clearly visible and is free of oncoming and overtaking traffic for a sufficient distance ahead to permit the overtaking and passing to be completed without interfering with the safe operation of another vehicle.

Driving to left absolutely prohibited

116(3)   No driver shall drive a vehicle to, or upon the left side of, the directional dividing line of a roadway other than a one-way roadway,

(a) upon or approaching

(i) the crest of a grade, or

(ii) an upgrade, downgrade, or curve,

where the driver has not a clear view of the highway for a distance of at least 150 metres or his view is obstructed within such distance greater than 150 metres as to create a hazard; or

(b) upon a portion of a highway designated by a traffic control device as a portion thereof upon which overtaking and passing is prohibited; or

(c) upon, or when approaching and within 90 metres of, an intersection or level crossing that is outside a restricted speed area; or

(d) when the driver's view is obstructed upon approaching within 30 metres of a bridge, viaduct, or tunnel.

Where clause (3)(c) not applicable

116(4)   The prohibition in clause (3)(c) does not apply in an area where there is a paved highway of sufficient width to permit such overtaking and passing to be made in safety.

S.M. 2018, c. 10, Sch. B, s. 40.

Following too closely prohibited

117(1)   No driver shall follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles, and the amount and nature of traffic upon, and the condition of, the highway.

117(2)   [Repealed] S.M. 2018, c. 10, Sch. B, s. 41.

Space between vehicles in motorcade

117(3)   The driver of a motor vehicle in a caravan or motorcade, other than a funeral procession, outside a restricted speed area, shall leave sufficient space between his vehicle and any other vehicle or combination of vehicles in the caravan or motorcade to enable a vehicle to enter and occupy that space without danger; and he shall, in so far as practicable, drive his vehicle on the extreme right-hand side of the roadway.

Vehicles in funeral processions

117(4)   The driver of a motor vehicle in a funeral procession shall, in so far as practicable, drive his vehicle on the extreme right-hand side of the roadway.

Funeral processions

117(5)   Notwithstanding anything in this Part, the council of a municipality may, by by-law, provide that, in the case of a funeral procession indicated as such by the headlamps of all the motor vehicles therein being lighted, or in such other manner as may be prescribed in the by-law,

(a) if the driver of the leading vehicle therein has complied with sections 85 and 88, the driver of each of the other vehicles therein, upon approaching

(i) a traffic control signal showing a red traffic control light or a "stop" or "arrêt" signal, or

(ii) a "stop" or "arrêt stop" sign,

shall cause the vehicle to slow down or stop as may be necessary for safety, but may then proceed cautiously past the traffic control signal or "stop" or "arrêt stop" sign; and

(b) after passing the traffic control signal or "stop" or "arrêt stop" sign, the driver of each of the other vehicles in the procession shall have the right-of-way over all other vehicles upon the highway at the intersection or place where the signal or sign is situated.

S.M. 2018, c. 10, Sch. B, s. 41.

Following fire apparatus too closely

118   A driver, other than the driver of an emergency vehicle, shall not follow fire apparatus more closely than is reasonable in the circumstances, or drive or park on any street nearer to a place on the same street on which fire apparatus has stopped in answer to a fire alarm, than is reasonable in the circumstances.

Driving over fire hoses

119   Unless he has received consent of the fire department official in command, a person shall not drive a vehicle over an unprotected hose of a fire department when laid down on a street or private driveway, at a fire or an alarm of fire.

Certain exceptions for trolley buses

120   Where a provision of this Part would prohibit a movement of a trolley bus required by the position of overhead wires, that provision does not apply to the operation of the trolley bus as the position of those wires may require.

TURNING, STARTING, AND SIGNALS

Turning at intersections

121(1)   No person shall turn a vehicle at an intersection unless the vehicle is in the position upon the highway required by this section.

Turning right

121(2)   Where a driver intends to turn right at an intersection he shall approach the intersection and make the turn as close as practicable to the right-hand kerb or edge of the roadway.

Turning left

121(3)   Where a driver intends to turn left at an intersection where traffic is permitted to move in both directions on each roadway entering the intersection, he shall

(a) approach the intersection in the part of the roadway to the right of the directional dividing line thereof that is nearest to the directional dividing line, and on a laned roadway, in the extreme left-hand lane available to traffic moving in the direction of travel of the vehicle he is driving;

(b) keep to the right of the directional dividing line at the place where it enters the intersection;

(c) after entering the intersection, make a left turn so as to leave the intersection at a point to the right of the directional dividing line of the highway being entered; and

(d) when practicable, make the left turn in the portion of the intersection to the left of the centre of the intersection, passing as closely as practicable thereto.

Certain left turns from one-way roadway

121(4)   When a driver intends to turn left at an intersection from a one-way roadway into a roadway on which traffic is permitted to move in both directions, he shall approach the intersection as closely as practicable to the left-hand kerb or edge of the roadway, and after entering the intersection shall make the left turn so as to leave the intersection at a point to the right of, and as close as practicable to, the directional dividing line of the roadway being entered.

Turning left from two-way roadway

121(5)   When a driver of a vehicle intends to turn left at an intersection from a roadway on which traffic is permitted in both directions into a one-way roadway, he shall approach the intersection in the part of the roadway to the right of the directional dividing line thereof that is nearest to the directional dividing line and, on a laned roadway, in the extreme left-hand lane available to traffic moving in the direction of travel of the vehicle he is driving and after entering the intersection shall make the left turn by passing as closely as practicable to the left-hand kerb or edge of the roadway being entered.

Left turn from one-way roadway to another one-way roadway

121(6)   When a driver of a vehicle intends to turn left at an intersection from a one-way roadway into another one-way roadway, he shall approach the intersection as closely as practicable to the left-hand kerb or edge of the roadway and after entering the intersection shall make the left turn by passing as closely as practicable to the left-hand kerb or edge of the roadway being entered.

Turning required by traffic control device

121(7)   Where at an intersection there is a traffic control device indicating the course to be travelled by drivers turning at the intersection, no driver shall turn a vehicle at the intersection in a manner other than as directed by the traffic control device.

Safety requirement

121(8)   No person shall turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course, or move right or left upon a highway, unless the movement can be made with safety.

STOPPING, STANDING, OR PARKING

Where stopping, standing, parking prohibited

122(1)   Except when necessary to avoid conflict with traffic or to comply with another provision of this Act or the regulations under this Act or the directions of a peace officer or traffic control device, no person shall stop, stand, or park a vehicle

(a) on a sidewalk;

(b) in front of a driveway;

(c) within an intersection or within 3 metres thereof or such greater distance as may be prescribed by the appropriate traffic authority;

(d) within three metres from the point on the curb or edge of the roadway immediately opposite a fire hydrant;

(e) on a crosswalk;

(f) within 3 metres of the approach side of a crosswalk;

(g) within 9 metres upon the approach to any flashing beacon, "stop" or "arrêt stop" sign, or traffic control signal situated at the side of a roadway, or within such greater distance therefrom as may be prescribed by the appropriate traffic authority;

(h) within 30 metres of the nearest rail of a railway crossing, or, except in the case of a railway crossing a provincial trunk highway, within such greater or lesser distance therefrom as may be prescribed by the appropriate traffic authority;

(i) within 6 metres of a driveway entrance to a fire station, or on the side of a street opposite the entrance to a fire station within 30 meters of the entrance when properly marked with signs, or, except in the case of a fire station adjoining or facing a provincial highway, within such greater or lesser distance as may be prescribed by the appropriate traffic authority;

(j) alongside or opposite a street excavation or obstruction when stopping, standing, or parking obstructs traffic;

(k) on the roadway side of a vehicle stopped or parked at the edge or kerb of a street;

(l) upon a bridge or other elevated structure upon a highway or within a highway tunnel;

(m) in a place in contravention of a traffic control device that gives notice that stopping, standing, or parking is there prohibited or restricted;

(n) at a curve upon a highway outside a restricted speed area, unless a clear view of the vehicle may be obtained from a distance of at least 60 metres in each direction upon the highway;

(o) in such manner that

(i) it constitutes a hazard on the highway, or

(ii) it is parked in contravention of

(A) any provision of this Act, or

(B) a rule or by-law of a traffic authority that has been passed and indicated or made known in accordance with this Act.

(p) and (q) [repealed] S.M. 2018, c. 10, Sch. B, s. 42;

When parking permitted in intersection, crosswalk etc.

122(1.1)   Notwithstanding clauses (1)(c), (e) and (f), a person may park a vehicle next to the edge or curb of a "T" intersection when a traffic authority permits and there is a traffic control device displayed that permits parking.

Definition

122(1.2)   In subsection (1.1), "'T' intersection" means an intersection formed when two highways join one another at an angle but do not cross.

Parking distance from rail crossing

122(1.3)   When the traffic authority that prescribes a greater or lesser stopping, standing or parking distance under clause (1)(h) is a municipal council, it must prescribe the distance by by-law.

By-laws affecting provincial highways

122(1.4)   When a by-law of a municipal council under subsection (1.3) affects a provincial highway, the by-law has no effect unless it is approved in writing by the minister or the minister's delegate, and the notice of approval is attached to and forms part of the by-law.

Withdrawal of approval

122(1.5)   The minister or the minister's delegate may, by a notice in writing, withdraw an approval given under subsection (1.4), and the withdrawal is effective, and the by-law previously approved is void, on and from the date set out in the notice.

Parking other vehicles

122(2)   No person shall move a vehicle that is not lawfully under his control into any of the places mentioned in subsection (1).

S.M. 1987-88, c. 23, s. 10; S.M. 1989-90, c. 56, s. 12; S.M. 1996, c. 26, s. 13; S.M. 2001, c. 19, s. 16; S.M. 2004, c. 30, s. 13; S.M. 2018, c. 10, Sch. B, s. 42.

Parking on right required

123(1)   Except when a traffic authority otherwise permits, or on a one-way roadway when not forbidden by the traffic authority, a driver shall not stop, stand, or park a vehicle other than on the right side of a highway and with the right-hand wheels parallel to that side, and where there is a kerb, within 450 millimetres of the kerb.

Parking on one-way roadways

123(2)   Except when a traffic authority otherwise permits, a driver shall not stop, stand, or park a vehicle on a one-way roadway otherwise than on one side of the highway with the length of the vehicle parallel to that side, and where there is a kerb, with the right-hand wheels within 450 millimetres of the kerb on the right-hand side of the vehicle or with the left-hand wheels within 450 millimetres of the kerb on the left-hand side of the vehicle.

Parking on divided highways

123(3)   In the case of a divided highway, vehicles may be parked only on one side of each roadway thereof and, subject to that restriction, for the purposes of this section, each roadway thereof shall be deemed not to be a one-way roadway; and subsection (1) applies thereto.

Moving parked vehicles

124(1)   No person shall cause a vehicle that is stopped, standing, or parked, to move unless the movement can be made with reasonable safety.

Duty before moving, turning, etc.

124(2)   The driver of a vehicle upon a highway, before starting, stopping, or turning from a direct line,

(a) shall use reasonable care to ascertain that the movement can be made in safety; and

(b) shall reasonably indicate his intention by a visible signal.

PHYSICALLY DISABLED PERSONS
PARKING

Definitions

124.1   In sections 124.2 to 124.9,

"designated parking space" means a parking space designated by signs or pavement markings as being for the sole use of motor vehicles displaying a permit and that is located

(a) on a highway,

(b) in a public parking lot or facility, or

(c) in a private parking lot or facility to which the public has access; (« aire de stationnement désignée »)

"permit" means a physically disabled person's parking permit issued under section 124.3. (« permis »)

S.M. 1991-92, c. 24, s. 3.

Disabled persons parking on the left

124.2(1)   Subject to subsection (2), a driver who is the holder of a permit may, when it is necessary for the driver to enter or egress from a motor vehicle,

(a) drive the motor vehicle on the left side of a highway the minimum distance required to stand, stop or park a vehicle on the left side of a highway; and

(b) notwithstanding subsection 123(1), stand, stop or park the motor vehicle on the left side of a highway with the left-hand wheels thereof parallel to that side and, where there is a curb, within 450 millimetres of the curb.

Application of subsection (1)

124.2(2)   Subsection (1) applies only

(a) in a city or town;

(b) on a highway other than a divided highway;

(c) where the motor vehicle displays a permit in accordance with this Act and the regulations;

(d) where the motor vehicle's hazard warning lamps, as required under the regulations, are lighted intermittently or put into a flashing operation; and

(e) where the driver drives or stands, stops or parks the motor vehicle with due regard for the safety of other users on the highway and complies with all other lawful requirements.

S.M. 1991-92, c. 24, s. 3; S.M. 2018, c. 10, Sch. B, s. 43.

Permit issuance

124.3(1)   The minister may issue a physically disabled person's parking permit to a person or organization that meets the requirements prescribed in the regulations and applies in the form required by the minister.

Delegation of authority to issue permits

124.3(2)   The minister may delegate the authority to issue permits under subsection (1), and when the authority is delegated, the delegate may issue a permit to a person or organization that meets the requirements prescribed in the regulations and applies in the form required by the delegate.

Charge for permit issued by delegate

124.3(3)   When a permit is issued under subsection (2), the delegate is entitled to retain the amount of the charge for the permit that is specified in the regulations.

Permit issued by another jurisdiction

124.3(4)   A valid physically disabled person's parking permit, decal, placard or other similar device issued by a competent authority outside the province is deemed to be a permit issued under this section, but it expires 3 months after the holder becomes a resident of the province.

Transitional

124.3(5)   A physically disabled person's parking decal, placard or other similar device issued in the province by a government department, municipality, corporation or organization that is valid on the day this section comes into force is deemed to be a permit issued under this section until the decal, placard or device expires or until six months after this section comes into force, whichever comes first.

S.M. 1991-92, c. 24, s. 3; S.M. 2005, c. 37, Sch. B, s. 29.

Authorized use

124.4   A valid permit authorizes the permit holder or a person who is transporting the permit holder to stop, stand or park a motor vehicle in a designated parking space if the permit is used and displayed in accordance with this Act and the regulations.

S.M. 1991-92, c. 24, s. 3.

Unauthorized use

124.5   No person shall

(a) have in his or her possession a permit that is fictitious, altered, or obtained contrary to this Act or the regulations;

(b) display a permit in a motor vehicle parked in a designated parking space when the holder is not transported in the vehicle;

(c) display a permit that is cancelled or has expired; or

(d) display or use a permit otherwise than in accordance with this Act and the regulations.

S.M. 1991-92, c. 24, s. 3.

Permit cancellation

124.6(1)   On being satisfied that

(a) a permit has been obtained or used in contravention of this Act, the regulations or a by-law of a municipality;

(b) a permit has been lost, stolen, defaced, or altered; or

(c) a permit holder no longer meets the requirements of the regulations;

the minister, or a delegate of the minister who issued the permit, may cancel the permit and may refuse to replace, re-issue, or renew the permit.

Return of cancelled permit

124.6(2)   On receiving notification served personally or by registered mail that a permit has been cancelled by the minister or a delegate of the minister, the permit holder shall immediately deliver the cancelled permit to the minister, or, if the permit was issued by a delegate of the minister, to the delegate.

Appeals

124.6(3)   A person may, in accordance with the regulations, appeal to the medical review committee if his or her

(a) application for a physically disabled person's parking permit under section 124.3 is denied; or

(b) physically disabled person's parking permit is cancelled, or the replacement, reissue or renewal of the permit is refused;

on the grounds that the person no longer meets the requirements of the regulations.

S.M. 1991-92, c. 24, s. 3; S.M. 2004, c. 30, s. 14; S.M. 2005, c. 37, Sch. B, s. 30.

Permit inspection and surrender

124.7(1)   Every person having possession of a permit shall, upon the demand of a peace officer, surrender the permit for reasonable inspection to ensure that the provisions of this Act, the regulations and any by-law of a municipality are being complied with.

Permit retained by peace officer

124.7(2)   A peace officer to whom a permit has been surrendered may retain it if the peace officer believes on reasonable grounds that the permit

(a) is fictitious or was not issued under this Act;

(b) was obtained under false pretenses;

(c) has been defaced or altered;

(d) has expired or been cancelled; or

(e) is being or has been used in contravention of this Act, the regulations or a by-law of a municipality.

Notification of retention of permit

124.7(3)   A peace officer who retains a permit under subsection (2) shall without delay notify the minister or the delegate of the minister who issued the permit of

(a) the permit issuance number, if the permit is numbered;

(b) the name and address of the person who was in possession of the permit; and

(c) the date the permit was retained.

S.M. 1991-92, c. 24, s. 3; S.M. 2005, c. 37, s. 30.

Entry on private land

124.8   A peace officer may enter on private land for the purpose of enforcing this Act and the regulations, and while so engaged is not liable for trespass.

S.M. 1991-92, c. 24, s. 3.

Regulations

124.9   The Lieutenant Governor in Council may make regulations

(a) prescribing the form and design of permits and the information to be shown on them;

(b) prescribing the requirements for obtaining a permit;

(c) respecting the issuance, renewal, cancellation and replacement of permits;

(d) governing the manner of displaying permits on or in motor vehicles;

(e) prescribing the fees for issuance of permits;

(e.1) governing appeals under subsection 124.6(3), and requiring a person making an appeal to pay an appeal fee, and prescribing the amount of the appeal fee;

(f) respecting any matter necessary or advisable to carry out effectively the intent and purpose of sections 124.1 to 124.8.

S.M. 1991-92, c. 24, s. 3; S.M. 2004, c. 30, s. 15.

SIGNALS

Giving of signals generally

125(1)   Subject to subsection (2), where a signal is required, a driver, or the operator of a bicycle or power-assisted bicycle, shall give it by means of

(a) his or her hand and arm; or

(b) a "stop" signal lamp or turning signal lamp, as the case requires, of the kind required or authorized under this Act to be carried.

(c) [repealed] S.M. 2018, c. 10, Sch. B, s. 44.

Giving of signals where hand signals not visible

125(2)   Where a vehicle is constructed or loaded in a manner that makes a signal by hand and arm not visible to both its front and rear, a driver shall give signals as provided in clause (1)(b).

S.M. 2004, c. 30, s. 16; S.M. 2018, c. 10, Sch. B, s. 44.

Hand signals

126(1)   The driver of a left-hand drive motor vehicle or the operator of a bicycle, power-assisted bicycle or moped giving a hand signal shall do so from the left side of the vehicle and

(a) to signify a left turn, shall extend his or her left arm horizontally from the vehicle;

(b) to signify a right turn, shall extend his or her left arm from the vehicle with the upper arm horizontal and forearm pointing vertically upward; and

(c) to signify a stop or a decrease in speed, shall extend his or her left arm from the vehicle with the upper arm horizontal and forearm pointing vertically downward.

Right turns — bicycles and power-assisted bicycles

126(2)   Despite subsection (1), the operator of a bicycle or power-assisted bicycle may signify a right turn by extending his or her right arm horizontally from the right side of the vehicle.

S.M. 1989-90, c. 56, s. 13; S.M. 1991-92, c. 25, s. 38; S.M. 2004, c. 30, s. 17; S.M. 2018, c. 10, Sch. B, s. 45.

Signals required for sudden stops

127(1)   When there is an opportunity to give a signal, no driver shall stop or suddenly decrease the speed of a vehicle without first giving the appropriate signal under sections 125 and 126.

Giving of appropriate signal for safe movement

127(2)   Where traffic may be affected by turning a vehicle, no person shall turn a vehicle without giving the appropriate signal under sections 125 and 126, and using reasonable care to ascertain that the movement can be made in safety.

Continuous signals

127(3)   Where a signal of intention to turn right or left is required, a driver shall, before making the turn, give the signal continuously for sufficient distance to warn traffic.

RIGHT-OF-WAY

General right-of-way rule

128   Except as provided in section 130, where two vehicles enter an intersection from different highways at approximately the same time and there is at the intersection no traffic control device directing the driver of one of the vehicles to yield the right-of-way, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right; but, where there is a traffic control device at the intersection directing the driver of one of the vehicles to yield the right-of-way, he shall yield the right-of-way to all other traffic as provided in section 133.

Right-of-way on left turn

129   When a driver is within an intersection and intends to turn left he shall yield the right-of-way to traffic that is approaching from the opposite direction and is within the intersection or so close that it constitutes an immediate hazard; but having yielded and having given a signal as required by sections 125 and 126, the driver may make a left turn if he can do so safely.

Right-of-way after a required stop

130   Where a driver is about to enter another highway at the intersection with which he is required, under section 136, to stop and he has stopped in compliance with that section

(a) he shall yield the right-of-way to traffic that has entered the intersection upon the other highway or that is approaching thereon and is so close that it constitutes an immediate hazard; and

(b) he shall not proceed until he can do so in safety.

Right-of-way in restricted speed areas

131(1)   When a driver, within a restricted speed area, is emerging from a private road, alley, lane, driveway, or building, he shall stop the vehicle immediately before driving onto the sidewalk or onto the sidewalk area extending across the private road, alley, lane, or driveway and he shall yield the right-of-way to traffic that is approaching on the highway and is so close that it constitutes an immediate hazard.

Right-of-way when entering highway

131(2)   When a driver is about to enter or cross a highway from a private road, alley, lane, driveway, or building, he shall yield the right-of-way to traffic that is approaching on the highway and is so close that it constitutes an immediate hazard.

Stopping or entering provincial highways

131(3)   When a driver of a vehicle, outside a restricted speed area, is emerging from a private road or private driveway onto a provincial highway, he shall, before crossing the boundary of the roadway, and within 5 metres thereof, bring the vehicle to a stop, yield the right-of-way to traffic that is approaching on the highway and is so close that it constitutes an immediate hazard, and shall not proceed until he can do so in safety.

Proceeding when safe

131(4)   A driver to whom subsection (1), (2) or (3) applies, having yielded the right-of-way as required in those subsections, shall not proceed until he can do so in safety.

Emergency vehicles to have right-of-way

132   Unless otherwise directed by a peace officer, a driver of a vehicle on a highway shall, on the immediate approach of an emergency vehicle that is sounding its siren and has illuminated the lighting required for the emergency vehicle under the regulations,

(a) yield the right-of-way to the emergency vehicle by immediately driving to a position parallel to and as close as possible to the curb of the roadway and clear of any intersection; and

(b) stop and remain stopped until the emergency vehicle has passed.

S.M. 1996, c. 26, s. 14; S.M. 2018, c. 10, Sch. B, s. 46.

Right-of-way at "Yield" or "Cédez le passage" signs

133(1)   A driver approaching a "yield" or "cédez le passage" sign adjacent to an intersection shall slow down to a speed reasonable under the existing conditions or shall stop if necessary as provided in subsection (2), and shall yield the right-of-way to a pedestrian crossing the roadway on which he is driving and to traffic in the intersection or that is approaching on the intersecting roadway and is so close that it constitutes a hazard; and, having yielded, he may proceed with caution.

Stopping at "Yield" or "Cédez le passage" signs

133(2)   Except when a peace officer directs otherwise, where there is, adjacent to an intersection, a "yield" or "cédez le passage" sign, the driver of a vehicle, if required for safety to stop, shall stop at a clearly marked stop line or, if none, then immediately before entering the crosswalk on the near side of the intersection or, if none, then immediately before entering the intersection.

SPECIAL STOPS

Definitions

134(1)   The following definitions apply in this section.

"flag person" includes a crew member of a railway train or employee of a railway company who, in connection with a train's operation, directs traffic or warns people on a highway. (« signaleur »)

"uncontrolled railway crossing" means a railway crossing at which traffic is not controlled by a "stop" or "arrêt stop" sign, an electrical or mechanical traffic control device, a crossing gate or a flag person, but does not include an industrial spur railway crossing within a restricted speed area. (« passage à niveau non contrôlé »)

Stopping at railway crossings

134(2)   The driver of a vehicle approaching a railway crossing shall stop the vehicle before proceeding across the crossing if

(a) a "stop" or "arrêt stop" sign is erected at the crossing;

(b) a clearly visible electrical or mechanical traffic control device at the crossing is signalling the proximity or passing of a railway train;

(c) a crossing gate is lowered or partly lowered, or a flag person is signalling the proximity or passing of a railway train; or

(d) a railway train is in dangerous proximity to the crossing and is giving an audible signal or is visible.

Stopping at uncontrolled railway crossings

134(3)   Without limiting the application of subsection (2), a driver must also stop before proceeding across

(a) a controlled or uncontrolled railway crossing if the driver is driving a school bus, whether or not it is carrying passengers; or

(b) an uncontrolled railway crossing if the driver is driving

(i) a bus carrying passengers for compensation, or

(ii) a vehicle designed or used to carry flammable liquid or gas, whether or not it is empty.

Additional requirements for particular vehicles

134(4)   While a vehicle described in subsection (3) is stopped as required by subsection (2) or (3), the driver must

(a) look in both directions along the railway track for an approaching railway train;

(b) listen for signals indicating the approach of a railway train; and

(c) if the vehicle is a bus or school bus, open the door of the vehicle.

Required stopping distances — certain vehicles

134(5)   In a case mentioned in subsection (2) or clause (3)(b), the driver of a vehicle mentioned in subclause (3)(b)(i) or (ii) must stop the vehicle

(a) not less than 5 m from the rail of the crossing nearest the vehicle's front if the crossing is in a restricted speed area; or

(b) not less than 15 m from the rail of the crossing nearest the vehicle's front in any other case.

Required stopping distances — school buses

134(5.1)   In a case mentioned in subsection (2) or clause (3)(a), the driver of a school bus must stop it at the distance from the railway crossing prescribed in the regulations about school buses made under The Public Schools Act, whether or not

(a) the school in connection with which the school bus is operated is a school to which that Act applies; and

(b) those regulations apply to the school bus in the absence of this subsection.

Proceeding across a railway crossing

134(6)   After stopping, the driver shall not proceed unless he or she can do so safely and without stopping before clearing the crossing, and

(a) in a case described in clause (2)(b), unless

(i) the electrical or mechanical traffic control device is no longer signalling the proximity or passing of a railway train, or

(ii) a peace officer or flag person directs the driver to proceed;

(b) in a case described in clause (2)(c), unless

(i) the crossing gate is completely raised or the flag person is no longer signalling the proximity or passing of a railway train, or

(ii) a peace officer or flag person directs the driver to proceed; and

(c) in a case described in clause (2)(d), unless the railway train is no longer in dangerous proximity to the crossing.

Proceeding when train is stopped

134(7)   Despite clause (6)(a), a driver who stops at a railway crossing because an electrical or mechanical traffic control device is signalling the proximity of a railway train may proceed across the crossing if the train is stopped, or is not in close proximity to the crossing, and if he or she can do so safely and without stopping before clearing the crossing.

S.M. 2004, c. 30, s. 18; S.M. 2015, c. 43, s. 21; S.M. 2018, c. 10, Sch. B, s. 47; S.M. 2021, c. 25, s. 5.

Changing gear while crossing track prohibited

135   The driver of a vehicle described in clause 134(3)(a), (b) or (c) shall not

(a) cross the track of a railway crossing in a gear that he or she will need to change while crossing the track; or

(b) change gears while crossing the track.

S.M. 2004, c. 30, s. 18.

Stopping vehicle within railway crossing prohibited

135.1   No person shall stop a vehicle

(a) within a railway crossing; or

(b) in a location where any part of the vehicle is over a track in a railway crossing.

S.M. 2004, c. 30, s. 18.

Stopping when required by traffic control device

136(1)   Except when a peace officer or a traffic control device otherwise directs or permits, but subject to sections 88, 130, and 133, at an intersection at which there is a traffic control device facing him and requiring him to stop, and at an intersection with any provincial highway, and except at an intersection where an acceleration lane has been constructed for the purpose of allowing a driver of a vehicle to accelerate and merge with other traffic on the highway, a driver of a vehicle shall bring it to a stop

(a) when there is no crosswalk, at a clearly marked stop line; or

(b) before entering the crosswalk marked out by lines, on the near side of the intersection; or

(c) when there is neither a stop line nor a marked out crosswalk, at the point nearest the intersecting highway from which the driver has a view of approaching traffic on the intersecting highway;

and he shall not proceed unless he can do so in safety.

Stops at divided highway

136(2)   Where the other highway, at the intersection with which a driver has stopped as required under subsection (1), is a divided highway, the driver, having complied with that subsection and proceeded across the first roadway, before entering the second roadway,

(a) shall yield the right-of-way to traffic on the second roadway that has entered the intersection thereof with the highway on which he is driving, or that is approaching and is so close that it constitutes an immediate hazard; and

(b) shall not proceed until he can do so in safety.

SCHOOL BUSES

Operation of school bus warning lamps

137(1)   The driver of a school bus must operate all warning lamps and other warning systems on the school bus, as required under the regulations, when pupils are getting on or getting off the school bus, or are about to get on or get off the school bus.

Prohibition on passing school bus

137(2)   Subject to subsection (3), the driver of a vehicle approaching a school bus from the front or the rear must bring the vehicle to a stop not less than five m from the school bus and must not pass the school bus if any of the following equipment on the school bus required under the regulations is operating:

(a) one or more flashing red warning lamps;

(b) a warning system on the school bus indicating to approaching drivers that they must stop.

Passing school bus on divided highway

137(3)   Subsection (2) does not apply to the driver of a vehicle on a roadway that forms part of a divided highway if the school bus is located on a different roadway of the same highway.

School bus not to be operated for other purposes

137(4)   A person must not operate a school bus for a purpose other than transporting pupils to or from school unless any markings identifying the bus as a school bus are covered.

S.M. 2013, c. 54, s. 42; S.M. 2018, c. 10, Sch. B, s. 48.

PEDESTRIANS' RIGHTS AND DUTIES

Compliance by pedestrians with signals

138   Except when a traffic authority has otherwise ordered, where traffic control signals are operating at an intersection, pedestrians shall comply with them in the manner provided in section 88.

Right-of-way of pedestrian

139(1)   Subject to section 140, where traffic control signals are not in place or not in operation when a pedestrian is crossing a highway within a crosswalk, and the pedestrian is upon the half of the highway upon which a vehicle is travelling, or he is approaching from the other half of the highway and is so close that he is in danger, the driver of the vehicle shall yield the right-of-way to the pedestrian.

Pedestrian to observe safety measures

139(2)   No pedestrian shall leave a kerb or other place of safety and walk or run into the path of a vehicle that is so close that it is impracticable for the driver to yield.

Passing vehicle stopped for pedestrian prohibited

139(3)   Where a vehicle is stopped at a crosswalk or at an intersection to permit a pedestrian to cross the highway, no driver approaching from the rear shall overtake and pass the stopped vehicle.

139(4)   [Repealed] S.M. 2002, c. 40, s. 10.

S.M. 2002, c. 40, s. 10.

Where pedestrians yield right-of-way

140(1)   When a pedestrian is crossing a roadway at a point other than within a crosswalk, he shall yield the right of way to a driver.

Duty not to obstruct traffic

140(2)   A pedestrian who is crossing a highway shall do so with all reasonable speed so as not to obstruct traffic unnecessarily.

Pedestrian corridor, duties of driver

141(1)   Subject to subsection (2), where

(a) a pedestrian is at

(i) the kerb or edge of a roadway, or

(ii) a place of safety,

that is adjacent to a pedestrian corridor that lies across a roadway upon which a vehicle is approaching so closely to the pedestrian corridor as to endanger the pedestrian if he were to enter it; and

(b) the pedestrian

(i) is intending to cross the roadway in the pedestrian corridor, and

(ii) is giving notice of his intention by extending his hand and arm at full length in such a manner to indicate clearly the direction in which he intends to cross,

the driver of the vehicle shall yield the right-of-way to the pedestrian by slowing down or stopping if necessary.

When vehicle stopped at pedestrian corridor

141(2)   When a vehicle is stopped at a pedestrian corridor, the driver of any other vehicle overtaking the stopped vehicle shall bring the vehicle to a full stop before entering the pedestrian corridor, and shall yield the right-of-way to a pedestrian,

(a) who is within the pedestrian corridor upon the half of the roadway upon which the vehicle is stopped; or

(b) who is within the pedestrian corridor and is approaching that half of the roadway from the other half of the roadway so closely to the vehicle that he is in danger if the vehicle were to proceed.

Passing vehicles in vicinity of pedestrian corridor

141(3)   When a vehicle is approaching a pedestrian corridor and is slowing down for the purpose of yielding the right-of-way to a pedestrian, the driver of any other vehicle approaching from the rear shall not overtake and pass the vehicle first mentioned.

141(4)   [Repealed] S.M. 2018, c. 10, Sch. B, s. 49.

Parking prohibited

141(5)   No person shall park or stand a vehicle at the kerb or edge of a roadway

(a) where it intersects a pedestrian corridor; or

(b) on the approach to a pedestrian corridor and within 15 metres thereof.

141(6)   [Repealed] S.M. 2002, c. 40, s. 10.

By-laws revoked

141(7)   That part of any municipal by-law that provides for the regulation of traffic by means of crosswalks or pedestrian corridors and that is contrary to any provision of section 139 or this section, is revoked.

Where road markings not visible

141(8)   It is not a defence to any prosecution for a violation of this section that the lines or other markings on the surface of the roadway indicating the existence of the pedestrian corridor were not visible at the time because of the presence of snow or ice or for any other reason not attributable to the negligence of the traffic authority.

S.M. 2002, c. 40, s. 10; S.M. 2018, c. 10, Sch. B, s. 49.

Driver to exercise care

142   Notwithstanding sections 138 and 139, a driver shall

(a) exercise due care to avoid colliding with a pedestrian who is upon a roadway;

(b) give warning by sounding the horn when necessary; and

(c) observe proper precaution upon observing a child or an apparently confused or incapacitated person who is upon a highway.

Use of sidewalks required

143(1)   Where there is a sidewalk that is reasonably passable on either or both sides of a highway, a pedestrian shall not walk on a roadway.

Keeping left and walking two abreast

143(2)   Any pedestrian proceeding along a highway where no sidewalk is provided or where the sidewalk is not passable, shall walk as closely as is practicable to

(a) the left-hand edge of the roadway or of the shoulder, as the case may be; or

(b) any person who may be walking on his left side;

but persons walking on a roadway shall not walk more than two abreast.

144   [Repealed]

S.M. 2018, c. 10, Sch. B, s. 50.

DIVISION IV

BICYCLES, POWER-ASSISTED BICYCLES
AND RECREATIONAL EQUIPMENT

General rules: bicycles and power-assisted bicycles

145(1)   Except as otherwise provided in subsections (5) and (6), a person operating a bicycle or power-assisted bicycle on a highway or bicycle facility has the same rights and duties as a person driving a motor vehicle on a highway and shall obey all signs and traffic control devices, and all directions of a peace officer.

Minimum operator age: power-assisted bicycles

145(2)   No person shall operate a power-assisted bicycle on a highway or bicycle facility unless he or she is 14 years of age or older.

Owner must not allow underage operator

145(3)   The owner of a power-assisted bicycle shall not allow a person under the age of 14 years to operate it.

Helmet required: power-assisted bicycles

145(4)   No person shall ride on or operate a power-assisted bicycle on a highway or bicycle facility unless he or she is wearing a properly fitted and fastened protective helmet.

Operating in accordance with regulations

145(5)   A person operating a bicycle or power-assisted bicycle on a highway must operate it in accordance with the regulations.

Operating in single file

145(6)   A person must not operate a bicycle or power-assisted bicycle on a highway beside a moped, bicycle or power-assisted bicycle that is operating in the same traffic lane.

Exception to subsection (6)

145(7)   Subsection (6) does not apply

(a) when the person is

(i) making or attempting to make a turn on the highway, or

(ii) overtaking or passing a moped, bicycle or power-assisted bicycle; or

(b) if the bicycle or power-assisted bicycle is being operated in circumstances in which the regulations allow it to be operated contrary to that subsection.

Bicycles on sidewalks

145(8)   Subject to subsection (9), no person shall operate on a sidewalk a bicycle with a rear wheel the diameter of which exceeds 410 mm.

Exception to subsection (8)

145(9)   Subsection (8) does not apply to a sidewalk that is marked by a traffic control device permitting the operation of a bicycle on the sidewalk.

S.M. 1989-90, c. 56, s. 14 to 16; S.M. 1996, c. 26, s. 15; S.M. 2004, c. 30, s. 19; S.M. 2012, c. 34, s., 5; S.M. 2018, c. 10, Sch. B, s. 51.

Cyclists and passengers under 18 must wear helmets

145.0.1(1)   A person who is under 18 years of age must wear a properly fitted and fastened protective helmet at all times when he or she

(a) drives a bicycle;

(b) rides a bicycle as a passenger; or

(c) rides on or is towed in anything that is attached to or towed by a bicycle.

The helmet must be suitable for cycling use.

Parents' and guardians' responsibility re children

145.0.1(2)   A child's parent or guardian must not allow the child to

(a) drive a bicycle;

(b) ride a bicycle as a passenger; or

(c) ride on or be towed in anything that is attached to or towed by a bicycle;

unless the child wears a properly fitted and fastened protective helmet that is suitable for cycling use.

Driver's responsibility re child passengers

145.0.1(3)   At all times when a child is a passenger on a bicycle, or on or in anything attached to or towed by a bicycle, the bicycle's driver must ensure that the child is wearing a properly fitted and fastened protective helmet that is suitable for cycling use.

Exception for private property

145.0.1(4)   This section applies wherever a bicycle is driven within Manitoba except

(a) on privately owned residential property, including privately owned seasonal residential property; and

(b) on privately owned non-commercial or agricultural property outside an urban municipality on which the cyclist has permission to drive the bicycle from a person who owns or has control over the property.

Offence and penalty

145.0.1(5)   A person who contravenes subsection (1), (2) or (3) is guilty of an offence and, subject to subsection (7), is liable on summary conviction to a fine of not more than $50.

Children under age 14 not subject to penalty

145.0.1(6)   Subsection (5) does not apply to a person who contravenes subsection (1), (2) or (3) if the person is under 14 years of age at the time of the contravention.

Alternative disposition for first offence

145.0.1(7)   When a person's contravention under this section is the person's first offence or, if the regulations extend the application of this subsection, is a subsequent offence,

(a) the person must fulfill the requirements of the regulations applicable to the offence; and

(b) if a justice is satisfied that the person has fulfilled the applicable requirements of the regulations, the justice must dismiss the prosecution in respect of the offence.

Peace officer to give notice of alternative disposition

145.0.1(8)   A peace officer who issues a ticket under The Provincial Offences Act for a contravention of subsection (1), (2) or (3) must

(a) inform the accused person about the requirements of subsection (7); and

(b) must, in the ticket, provide a response period of sufficient length to allow the person a reasonable opportunity to fulfill the applicable requirements of the regulations, having regard to the accused person's circumstances.

Regulations

145.0.1(9)   The Lieutenant Governor in Council may make regulations

(a) for the purpose of subsection (7),

(i) respecting requirements that are to be fulfilled by persons who contravene subsection (1), (2) or (3), and

(ii) extending the application of that subsection to second or subsequent contraventions of any of subsections (1), (2) and (3), and prescribing which of the requirements established under subclause (i) apply to a second or subsequent contravention;

(b) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section.

Application of regulations

145.0.1(10)   A regulation made under subsection (9) may be general or particular in its application and may apply in whole or in part to one or more classes of persons to the exclusion of others, and to the whole or any part of the province.

S.M. 2012, c. 39, s. 2; S.M. 2013, c. 47, Sch. A, s. 127.

Attachment to moving vehicles prohibited

145.1(1)   No person operating, using or riding on recreational equipment or a motorcycle, moped, bicycle or power-assisted bicycle on a highway shall

(a) take hold or keep hold of a moving vehicle;

(b) attach himself or herself to a moving vehicle;

(c) cause or permit any other person to attach him or her to a moving vehicle; or

(d) cause or permit the recreational equipment, motorcycle, moped, bicycle or power-assisted bicycle to be attached to or towed by a moving vehicle.

Attaching persons to moving vehicles prohibited

145.1(2)   No person shall

(a) take hold or keep hold of, or attach himself or herself to, the exterior of a moving vehicle on a highway; or

(b) permit himself or herself to be towed by a moving vehicle on a highway.

Illegal towing by vehicles

145.1(3)   The driver or operator of a moving vehicle on a highway shall not

(a) cause or permit a person to take hold or keep hold of, or to attach himself or herself to, the exterior of the vehicle;

(b) attach a person to, or cause a person to be attached to, the exterior of the vehicle;

(c) cause or permit a person to be towed by the vehicle; or

(d) cause or permit recreational equipment or a motorcycle, moped, bicycle or power-assisted bicycle, or any other thing that is not designed, intended, and equipped for the purpose, to be attached to, or towed by, the vehicle.

S.M. 2004, c. 30, s. 19.

Riding on a vehicle other than in a seating position

146(1)   Except as permitted by the regulations, a person riding in or on a vehicle that is being driven on a highway must be seated on a part of the vehicle that is designed and equipped for passenger seating.

Riding on trailer prohibited

146(2)   Except as permitted by the regulations, a person must not ride in or on a trailer that is being towed on a highway.

Driver must not drive with passenger in trailer or not in a seating position

146(3)   Except as permitted by the regulations, a driver must not

(a) drive a vehicle on a highway unless every passenger is seated on a part of the vehicle that is designed and equipped for passenger seating; or

(b) tow a trailer on a highway if a person is riding in or on it.

Regulations

146(4)   The Lieutenant Governor in Council may make regulations

(a) respecting the exemption, with or without conditions, of certain classes or types of vehicles or classes of persons from the operation of any of subsections (1) to (3);

(b) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section.

S.M. 2013, c. 50, s. 2.

Prohibition: too many riders

147(1)   No person shall do the following on a highway:

(a) operate a bicycle or power-assisted bicycle with more persons on it than it was designed or constructed by its manufacturer to carry; or

(b) ride, or permit himself or herself to be carried, on a bicycle or power-assisted bicycle being operated by another person, if he or she is riding or being carried on a part of it that

(i) was designed and intended by its manufacturer to carry only its operator, or

(ii) was not designed or intended by its manufacturer to carry a person.

Exception to application of subsection (1)

147(2)   When a bicycle or power-assisted bicycle carries its operator and a child, subsection (1) does not apply to the operator or the child if

(a) the child is

(i) under the age of six years,

(ii) on a seat designed for carrying infants on bicycles or power-assisted bicycles, and

(iii) wearing a properly fitted and fastened protective helmet;

(b) the operator is 16 years of age or older;

(c) the seat is

(i) firmly attached to the vehicle behind the regular seat, as far forward and in as low a position as is practicable, and

(ii) equipped with a seat belt which is fastened around the child at all times when the vehicle is in motion; and

(d) the seat or vehicle is equipped with a shield to prevent any part of the child's body or clothing from coming into contact with any of the vehicle's moving parts.

Carrying large objects forbidden

147(3)   No person shall carry on a bicycle or power-assisted bicycle, or on his or her person while operating or riding on a bicycle or power-assisted bicycle, any object that is of such a size, weight or shape, or is so placed, that it may interfere with the proper operation and control of the vehicle by its operator.

S.M. 1989-90, c. 56, s. 17 and 18; S.M. 2004, c. 30, s. 20.

148   [Repealed]

S.M. 1987-88, c. 44, s. 11.

Lamps and reflectors on bicycles and power-assisted bicycles

149(1)   Subject to subsection (3), a bicycle or power-assisted bicycle shall be equipped with

(a) a headlamp at the front that casts a white light; and

(b) a lamp or reflector at the back that casts a red or amber light or reflection and has a surface area of not less than 25 cm2.

Type of lamps and reflectors required

149(2)   The lamps and reflectors required by subsection (1) shall be of such a kind and so constructed that, in normal weather conditions,

(a) the headlamp casts a light that is visible from a distance of 90 m in front of the vehicle; and

(b) the rear lamp casts or the reflector reflects a light that is visible from a distance of 60 m behind the vehicle.

Limitation on application of subsection (1)

149(3)   Subsection (1) applies only if the bicycle or power-assisted bicycle is on a highway or bicycle facility at a time when a regulation under this Act requires lamps on vehicles to be lighted.

S.M. 1989-90, c. 56, s. 19 and 20; S.M. 2004, c. 30, s. 21; S.M. 2018, c. 10, Sch. B, s. 52.

Other required equipment

150(1)   No person shall operate a bicycle or power-assisted bicycle on a highway or bicycle facility, or cause or permit one to be operated there, unless it is equipped as required by this Act and the regulations.

Inspection

150(2)   A peace officer may

(a) at any time stop and inspect, or cause to be inspected, any equipment on a bicycle or power-assisted bicycle on a highway or bicycle facility; and

(b) if the equipment does not comply with this Act or the regulations, require the operator to have the equipment made to comply.

Operator must comply

150(3)   The operator shall not operate the bicycle or power-assisted bicycle again until he or she has complied with the peace officer's requirements.

Duty of operator to provide assistance

150(4)   The operator of a bicycle or power-assisted bicycle that is being inspected shall provide any reasonable assistance and information that the peace officer requests.

Prohibited highways and bicycle facilities

150(5)   No person shall operate a bicycle or power-assisted bicycle, or cause or permit one to be operated,

(a) on any part of a highway or bicycle facility at a time when the operation is prohibited by the regulations; or

(b) on any part of a highway or bicycle facility on which the operation is prohibited by the regulations.

S.M. 1989-90, c. 56, s. 21; S.M. 2004, c. 30, s. 21.

Defacing identification marks on bicycles prohibited

151(1)   No person shall deface, obliterate, alter, or render illegible the manufacturer's serial identification number or a municipality's identification mark or number on any bicycle.

Prohibition of sale of bicycles bearing identification defaced

151(2)   No person shall buy or sell a bicycle on which any such mark or number has been defaced, obliterated, altered or rendered illegible, or which has not clearly and legibly stamped thereon at least the manufacturer's number or a municipality's mark and number.

Impoundment of bicycles having defaced identification marks

151(3)   Any peace officer who, anywhere in the province, finds a bicycle without either the manufacturer's number or a municipality's identification mark and number plainly stamped thereon, or on which any such mark or number has been defaced, obliterated, altered, or rendered illegible, shall seize the bicycle and bring it before a justice who shall thereupon issue a summons addressed to the person in whose apparent possession the bicycle was at the time of seizure commanding him, at the time and place therein named, to show cause why it should not be confiscated.

Confiscation of bicycle

151(4)   Upon the matter being heard, the justice shall make an order that the bicycle be confiscated to the municipality in which it was seized unless he is satisfied

(a) that no breach of this Act has been committed in respect of the bicycle; or

(b) that the person summoned acquired the bicycle in good faith and has had possession thereof for at least three years without knowledge of any breach of this Act with respect thereto;

in either of which cases the bicycle shall be restored to the person in whose apparent possession it was at the time of the seizure.

Order for payment of cost to owner of confiscated bicycle

151(5)   Where a bicycle is confiscated under subsection (4), and the justice is satisfied that the person in whose apparent possession it was at the time of seizure acquired it in good faith and without knowledge of any breach of this Act in respect thereto, he may, on application by that person, issue a summons addressed to the person from whom the applicant alleges that he purchased it, commanding him, at the time and place named in the summons, to show cause, why an order should not be made requiring him to repay to the applicant the purchase price of the bicycle or such smaller amount as the justice may fix, having regard to the amount of use of the bicycle which the applicant has had and the age and condition thereof.

Order for payment

151(6)   Upon the hearing of a matter arising under subsection (5), the justice may by an order, separate from, and subsequent to, any conviction or order of confiscation, adjudge that the person who sold the bicycle to the applicant shall repay to the applicant the purchase price thereof or such smaller amount as the justice may fix, having regard to the amount of use of the bicycle which the applicant has had and the age and condition thereof.

Disposal of other matters

151(7)   Where all parties are before the justice at the time of making an order confiscating a bicycle, he may, at that time, hear and dispose of any matter arising under subsection (5) and make an order in respect thereto.

Sale of confiscated bicycle

151(8)   Any bicycle confiscated under subsection (4) may be sold by the municipality at public auction not less than three months after the confiscation; but if the bicycle is claimed within three months after being so confiscated it shall be restored to the claimant who satisfies the secretary, clerk, or licence inspector of the municipality that he is the rightful owner thereof.

Marking of confiscated bicycle for identification

151(9)   Before a bicycle that has been seized under subsection (3) is sold or restored to its owner, the secretary, clerk, or licence inspector, as the case may be, shall cause to be stamped thereon with steel dies an identification mark and serial number, a record of which shall be kept by the municipality; and any peace officer shall similarly cause to be stamped any bicycle presented to him for the purpose by any person who satisfies him that he is the rightful owner thereof and that he has not knowingly committed any breach of this section.

Complementary by-laws

151(10)   The council of any municipality may pass by-laws, not inconsistent herewith, regulating the exercise or discharge of the powers and obligations contained in subsections (8) and (9).

S.M. 2005, c. 8, s. 17.

Returns by second-hand bicycle dealers

152(1)   Every dealer in second-hand bicycles and every dealer in second-hand bicycle parts shall

(a) keep a record of the bicycles and parts bought, sold, and otherwise acquired or disposed of by him; and

(b) make such returns, in such form, and to such persons, and at such times, as the Lieutenant Governor in Council may, by the regulations, prescribe.

Form and contents of return

152(2)   The record required to be kept under clause (1)(a) shall be in such form, and contain such information, as the Lieutenant Governor in Council may, by the regulations, prescribe.

152(3)   [Repealed] S.M. 2005, c. 37, Sch. B, s. 31.

S.M. 2005, c. 37, Sch. B, s. 31.

PART V

ACCIDENTS

Onus on owner or driver

153(1)   Where loss or damage is sustained by any person by reason of a motor vehicle upon a highway the onus of proof that the loss or damage did not arise entirely or solely through the negligence or improper conduct of the owner or driver is upon the owner or driver.

Limitation of subsection (1)

153(2)   Subsection (1) does not apply in case of a collision between motor vehicles on the highway or to an action brought by a passenger in a motor vehicle other than a regulated vehicle in respect of any injuries sustained by the person while a passenger.

Certain drivers deemed agents of owner

153(3)   In an action for the recovery of loss or damage sustained by a person by reason of a motor vehicle upon a highway, every person driving the motor vehicle who is living with, and as a member of the family of, the owner thereof, and every person driving the motor vehicle who has acquired possession of it with the consent express or implied of the owner thereof, shall be deemed to be the agent or servant of the owner of the motor vehicle and to be employed as such and shall be deemed to be driving the motor vehicle in the course of his employment; but nothing in this subsection relieves any person deemed to be the agent or servant of the owner and to be driving the motor vehicle in the course of his employment from liability for such damages.

S.M. 2018, c. 10, Sch. B, s. 53.

DAMAGES

Penalties not a bar to damages

154   No penalty or imprisonment is a bar to recovery of damages by an injured person.

ACCIDENT REPORTS

Meaning of "accident"

155(1)   In this section, "accident" means

(a) a collision between two or more vehicles, including a collision between a moving vehicle and a stationary vehicle;

(b) a collision in which a vehicle collides with a person under any circumstances or with an object or animal; or

(c) another event in which a person is injured or killed by a vehicle in motion or as a result of the use of a vehicle on a highway.

Accident reports by drivers

155(2)   The driver of a vehicle that is involved in an accident must without delay give the information set out in subsection (3) to

(a) the driver of any other vehicle involved in the accident;

(b) any person who is injured in the accident; and

(c) any person whose property is damaged as a result of the accident.

Information to be given

155(3)   The information required to be given under subsection (2) is

(a) the name and address of the driver giving the report;

(b) a statement as to whether the driver has a valid driver's licence or out-of-province driving permit and if so, the number of the licence or permit and the date of its expected expiration;

(c) a statement as to whether the vehicle being driven by the driver is validly registered, if the vehicle is required to be registered, and if so, the vehicle's registration number and date of the registration's expiration;

(d) the number of the driver's motor vehicle liability insurance policy and name of the insurer, if applicable; and

(e) if the driver is not the vehicle's owner,

(i) the name and address of the owner and registered owner, if they are different, and

(ii) the number of the owner's or registered owner's motor vehicle liability insurance policy and name of the insurer, if applicable and if that information is known to the driver.

Report to a peace officer at accident scene

155(4)   If a peace officer is in attendance at the place of an accident and so requests, the driver of any vehicle involved in the accident must give the peace officer the information required by subsection (3) and any other information that the peace officer requires about the driver, the vehicle or the accident.

Requirement to stop vehicle

155(5)   For greater certainty, a driver to whom subsection (2) or (4) applies is required to stop the vehicle at the place where the accident occurs for the purpose of complying with that subsection.

Police reports of certain accidents

155(6)   The driver of a vehicle that is involved in an accident must make a police report about the accident if

(a) the driver, for any reason, did not or was not able to give a peace officer the information required by subsection (3) at the place of the accident; and

(b) any of the criteria set out in subsection (7) apply in respect of the accident.

Criteria for making a police report

155(7)   A police report must be made if the driver (referred to in this subsection as the "first driver") is aware or has reason to believe at the time of the accident, or is later made aware,

(a) that a person, including the first driver, was injured in the accident and was admitted to hospital for observation or treatment for the injury;

(b) that a person injured in the accident has died;

(c) that the driver of another vehicle involved in the accident did not hold a valid driver's licence or out-of-province driving permit at the time of the accident;

(d) that another vehicle involved in the accident was not validly registered under The Drivers and Vehicles Act or a similar Act in another jurisdiction despite being required to be registered;

(e) that the driver of another vehicle involved in the accident did not provide the first driver with the information required by subsection (3);

(f) that the driver of another vehicle involved in the accident did not stop the vehicle at the place of the accident for the purpose of this section or in contravention of the Criminal Code; or

(g) that the consumption of alcohol or another intoxicating substance by the driver of another vehicle involved in the accident was a cause or contributing factor of the accident.

Time for making police report

155(8)   Except as provided by subsection (9), a driver who is required to make a police report by subsection (6) must make it within seven days after

(a) the day of the accident; or

(b) the day on which the driver is made aware that any of the criteria set out in subsection (7) apply in respect of the accident;

whichever is later.

Exception

155(9)   If because of injury or illness the driver is unable to make the police report within the time required by subsection (8), the driver must make the report as soon as the driver's health permits.

How to make a police report

155(10)   A police report required by subsection (6) must

(a) be made at a detachment of the police service that has police jurisdiction at the place of the accident;

(b) be made on a form approved by the registrar and contain

(i) the information about the accident and persons involved in it or affected by it that the registrar requires, and

(ii) any further information about the accident or those persons that the peace officer receiving the report requires; and

(c) be signed by the driver.

Police report by owner

155(11)   If the driver of a vehicle does not or is not able to make a police report, the requirements of subsections (6) to (10) apply, with necessary changes, to an owner of the vehicle who was present at the time of the accident.

Police report by other person in control of vehicle

155(12)   In the case of a vehicle driven by a student driver or a novice driver who holds a driver's licence of any class or subclass that requires the driver to be supervised, while driving, by a supervising driver, the police report required by subsection (6) may be made in part or in whole by the driving instructor or supervising driver.

Registrar may require police report to be made

155(13)   If any of the criteria set out in subsection (7) apply in respect of an accident, the registrar may require any of the following persons to make a police report in accordance with subsections (6) to (10):

(a) the driver of a vehicle involved in the accident;

(b) an owner of a vehicle involved in the accident who was present at the time of the accident.

Complying with registrar's requirements

155(14)   When the registrar requires a person to make a police report under subsection (13), the person must make it in accordance with the registrar's requirements.

Police report by passenger

155(15)   If a driver or vehicle owner fails to make a police report as required by subsections (6) to (11), a passenger who was in the vehicle at the time of the accident must make the police report.

Time limit for prosecution

155(16)   A prosecution for a contravention of a provision of this section may not be commenced later than two years after the day the alleged offence was committed.

S.M. 1989-90, c. 56, s. 22; S.M. 1991-92, c. 25, s. 39 and 40; S.M. 1997, c. 54, s. 2; S.M. 2002, c. 40, s. 10; S.M. 2005, c. 37, Sch. B, s. 32; S.M. 2011, c. 27, s. 2; S.M. 2012, c. 40, s. 25.

Action when domestic animal injured or killed

155.1(1)   When a domestic animal is injured or killed in a collision with a vehicle on a highway, the driver, or — if the driver is incapacitated — a passenger, must

(a) remove the animal from the roadway if it is on the roadway and removing it is practicable;

(b) report the collision without delay to a peace officer if the animal is not removed from the roadway; and

(c) report the collision without delay

(i) to the animal's owner if the owner is known or can readily be located, or

(ii) to the clerk of the municipality in which the collision occurs if the animal's owner is not known and cannot readily be located and the collision has not been reported to a peace officer under clause (b).

Action by peace officer or municipal clerk

155.1(2)   A peace officer or municipal clerk to whom a report is made under subsection (1) must report the collision to an animal protection officer appointed under The Animal Care Act.

S.M. 2011, c. 27, s. 2.

156   [Repealed]

S.M. 1997, c. 37, s. 17.

Reports by doctors and optometrists

157(1)   A duly qualified medical practitioner or optometrist shall report to the registrar the name, address and disease or disability, or any significant change in a previously observed disease or disability, of any person attending upon the duly qualified medical practitioner or optometrist for examination or treatment who is the holder of a valid driver's licence and who, in the opinion of the duly qualified medical practitioner or optometrist, has a disease or disability that may be expected to interfere with the safe operation of a motor vehicle that may be operated with the class of licence or permit held by the person.

No right of action against doctor

157(2)   No person has a right of action against a duly qualified medical practitioner or optometrist for furnishing to the registrar a report as mentioned in subsection (1).

157(3)   [Repealed] S.M. 1987-88, c. 23, s. 11.

Medical review committee established

157(4)   There is established a medical review committee consisting of at least five members who shall be appointed by the minister and who shall include

(a) three duly qualified medical practitioners, one of whom shall be a specialist in neurology, one of whom shall be a specialist in cardiology or an internist, and one of whom shall be a general practitioner;

(b) one person who is not a duly qualified medical practitioner; and

(c) one person who is a duly qualified ophthalmologist or optometrist.

157(4.1)   [Repealed] S.M. 1995, c. 31, s. 11.

Function of the medical review committee

157(4.2)   The function of the medical review committee is to hear and determine the following appeals:

(a) appeals under subsection 124.6(3);

(b) appeals under section 19 or subsection 23(2) of The Drivers and Vehicles Act.

Quorum

157(4.3)   A quorum of the medical review committee is three members.

Chairman

157(5)   The minister shall appoint one of the members of the medical review committee as chairman thereof.

Vice-chairman

157(5.1)   The minister may appoint one member of the medical review committee

(a) to be vice-chairman thereof; or

(b) to be acting chairman thereof;

for any period of time to act on behalf of the chairman on the request of the chairman or the minister during the illness or absence of the chairman, or during his inability from any cause to discharge his duties.

Powers of medical review committee

157(6)   Upon hearing an appeal under section 19 or subsection 23(2) of The Drivers and Vehicles Act, the medical review committee may

(a) require an appellant to undergo such further medical examinations as the committee considers necessary;

(b) require an appellant or the registrar to produce medical reports from duly qualified medical practitioners concerning any aspects of the health or physical or mental condition of the appellant;

(c) receive such evidence and arguments as may be submitted by the appellant, the registrar or both; and

(d) give such weight to medical reports, evidence and arguments as they think fair and just;

and may confirm, quash or vary the decision of the registrar; and decision of the committee is final.

Report privileged

157(7)   Any report given under subsection (1) is privileged and for the information of the registrar and the medical review committee only, and, except to prove compliance with subsection (1), is not admissible as evidence for any purpose in any action or proceeding in any court.

Payment of appeal charge

157(8)   A person who makes an appeal to the medical review committee shall pay the charge specified in the regulations.

Waivers and refunds of application charges

157(9)   The medical review committee shall forward to the Minister of Finance every appeal charge paid under this section.  But the medical review committee may waive payment of a charge or may recommend to the Minister of Finance that the amount of the charge be remitted pursuant to The Financial Administration Act in any case in which it finds it unreasonable or unjust that a charge should be paid or finds that undue hardship would result from the payment of the charge.

S.M. 1985-86, c. 12, s. 11 to 14; S.M. 1986-87, c. 14, s. 19; S.M. 1987-88, c. 23, s. 11 and 12; S.M. 1991-92, c. 25, s. 42 to 44; S.M. 1995, c. 31, s. 11; S.M. 1999, c. 12, s. 5; S.M. 2005, c. 37, Sch. B, s. 33; S.M. 2012, c. 40, s. 25.

Reports confidential

158(1)   Except as herein provided, a statement or written report made or furnished under section 155

(a) is not open to public inspection; and

(b) on the trial of the person making the statement or report on a charge of having violated any provision of The Drivers and Vehicles Act or of this Act, other than section 224, or any provision of a municipal by-law, is not admissible in evidence and shall not be used, nor shall any reference to it be made for any purpose in connection with such a trial.

Information to be furnished by peace officer

158(2)   Every peace officer to whom any such report or statement is made shall forthwith deliver or mail,

(a) in the case of a constable of the Royal Canadian Mounted Police Force, to the senior officer of that force in Manitoba; and

(b) in other cases, to the chief constable of the force to which the peace officer belongs or of the municipality in which the accident occurred;

the following information, if it is available, that is to say,

(c) the date, time, and place, of the accident to which the report or statement relates;

(d) the name, address, and occupation, of the owner of each vehicle involved and of the driver thereof;

(e) the details respecting the make, year, and type of each vehicle, the vehicle identification number thereof, and the registration number thereof;

(f) the number of the licence issued to the driver of each vehicle;

(g) the particulars as to the motor vehicle liability insurance card or financial responsibility card, if any, issued in respect of each vehicle, the number of the insurance policy issued in respect of each vehicle, the date of expiry thereof, and the name of the insurer by which the policy was issued;

(h) the speed and direction of travel of each vehicle immediately before the occurrence of the accident;

(i) the traffic control devices, if any, situated adjacent to the scene of the accident;

(j) the light conditions and weather conditions existing at the time of the accident;

(k) the type of road construction at the scene of the accident, and the condition of the road; and

(l) the number of passengers, if any, in each vehicle.

Copies to registrar

158(3)   The senior officer in Manitoba of the Royal Canadian Mounted Police Force and the chief constable of each municipality, on receipt of the particulars of an accident, or a report and statement concerning an accident, in which a vehicle is in any manner, directly or indirectly, involved, shall forthwith send to the registrar a copy of those particulars or of that report and statement on a form prescribed by, or satisfactory to, the registrar.

Copies to interested parties

158(4)   On request of a person involved in the accident or his authorized representative, or a person or insurance company who or which has paid, or may be liable to pay, for damages resulting from the accident, the senior officer or chief constable, as the case may be, shall furnish to him

(a) the information received by him under subsection (2) respecting the accident; and

(b) if authorized in writing by the Minister of Justice, either generally or in any specific case, such other information and particulars contained in the report or statement as may be specified in the written authorization.

S.M. 1993, c. 48, s. 68; S.M. 1997, c. 37, s. 18; S.M. 2005, c. 37, Sch. B, s. 34.

Supplemental reports

159(1)   The registrar may require the driver, owner, or other person in charge, of a vehicle that is in any manner, directly or indirectly, involved in an accident, and any peace officer to file, upon a form furnished by the registrar, a supplemental report of an accident in any case where, in the opinion of the registrar, the original report of the accident is insufficient.

Confidential

159(2)   A supplemental report furnished under subsection (1) is without prejudice, and for the information of the minister and the registrar, and is not open to public inspection.

PROOF OF FINANCIAL RESPONSIBILITY

Giving of proof of financial responsibility

160(1)   If this Act or The Drivers and Vehicles Act requires a person to give proof of financial responsibility, the person shall give it to the registrar unless this Act or The Drivers and Vehicles Act requires it to be given to another person.

Maintenance of proof

160(2)   If proof of financial responsibility is required to be given by any person, unless he or she is, under subsection (3), subsequently exempted from maintaining the proof, he or she must thereafter at all times maintain it

(a) while he or she holds a driver's licence; or

(b) while any motor vehicle is registered in his or her name; or

(c) in the case of a person who is not a resident of the province, while he or she has the privilege of driving a motor vehicle in the province or the privilege of using, or having in the province, a motor vehicle registered in his or her name in any province, state, or country;

and the registrar shall suspend the licence or permit of, and the registration of every motor vehicle registered in the name of, any person who fails to comply with this subsection until he or she gives proof of financial responsibility.

Exemption from maintenance of proof of financial responsibility

160(3)   Where a person is required to give proof of financial responsibility under section 270 in respect of a judgment or accident, if, after a period of thirty-six months next following the end of the month in which the liability to give proof first arose, and the registrar is satisfied that the judgment has been satisfied, the registrar shall exempt the person from maintaining proof in respect of the judgment or accident.

Amount of proof required

160(4)   Subject to subsections (5) and (6), a person who is required to give proof of financial responsibility shall give proof of responsibility that

(a) is in an amount not less than $200,000., excluding interest and costs, in respect of liability for any or all of the following, arising out of one accident:

(i) bodily injury to, or the death of, one or more persons,

(ii) loss of, or damage to, property; and

(b) includes the provision that

(i) claims arising out of bodily injury or death have priority, to the extent of $180,000., over claims arising out of loss of, or damage to, property, and

(ii) claims arising out of loss of, or damage to, property have priority, to the extent of $20,000., over claims arising out of bodily injury or death.

Proof by owner for each vehicle

160(4.1)   If the person giving proof of financial responsibility is an owner, the person shall give proof of responsibility that complies with subsection (4) in respect of each vehicle registered in his or her name.

Where additional proof required

160(5)   The minister may, in his discretion, at any time, require proof of additional financial responsibility to that filed or deposited by a driver or owner pursuant to this Part; and the registrar may suspend the driver's licence and the owner's registration, if any, until the proof has been furnished.

Proof by owner of fleet

160(6)   In the case of an owner of ten or more motor vehicles to whom this Part applies, proof of financial responsibility in a form, and in an amount not less than $200,000., satisfactory to the registrar, may be accepted as sufficient for the purposes of this Part.

S.M. 2001, c. 7, s. 15; S.M. 2004, c. 30, s. 23; S.M. 2005, c. 37, Sch. B, s. 35; S.M. 2018, c. 10, Sch. B, s. 54.

Form of proof

161(1)   Subject to subsection 160(6), where proof of financial responsibility is required to be given by any person, it shall be given in one of the alternative forms hereinafter described, namely;

(a) the written certificate, filed with the registrar, of an insurance company duly authorized to carry on in the province the business of automobile insurance, which certificate shall certify

(i) that the company has issued to, or for the benefit of the insured named therein, a motor vehicle liability policy, in the form required by this Part, which, at the date of the certificate, is in full force and effect, and

(ii) that the motor vehicle liability policy therein mentioned shall not be cancelled or expire except upon 10 days' prior written notice thereof to the registrar; or

(b) the bond of a guarantee insurance or surety company duly authorized to carry on business in the province, which bond shall

(i) be payable to the Minister of Finance,

(ii) be in a form approved by the registrar,

(iii) be filed with the registrar,

(iv) be conditioned for the payment of the amount specified in this Part, and

(v) not be cancelled or expire except after 10 days' written notice to the registrar; or

(c) the certificate of the Minister of Finance that the person named therein has deposited with him a sum of money, or security for money approved by the Minister of Finance, in the amount or value of $200,000. for each motor vehicle registered in the name of the person; which deposit shall be accepted and certificate issued by the Minister of Finance on request by that person; or

(d) a motor vehicle liability insurance card.

Effect of cancellation, etc., of licence of insurer

161(2)   Where the Superintendent of Insurance notifies the registrar that the licence of an insurer duly authorized to carry on in the province the business of automobile insurance has been cancelled or suspended, a certificate given under clause (1)(a) by that insurer is not, thereafter, proof of financial responsibility; and the registrar shall immediately require every person who is maintaining proof of financial responsibility by such a certificate from that insurer to file, within ten days or such shorter period as may be fixed by the registrar, further proof of financial responsibility by a certificate from some other insurer or in any other form authorized by subsection (1).

Failure to file further proof

161(3)   Where a person required under subsection (2), to file further proof of financial responsibility fails to do so within the time fixed, this Part applies as if he had not previously filed proof of financial responsibility.

Validity of certificate

161(4)   Where a certificate has been given by an insurance company under clause (1)(a), until notice of cancellation or expiration is given by the company to the registrar as provided in that clause or until the certificate ceases, as provided in subsection (2), to be proof of financial responsibility, the certificate is valid and sufficient to cover the term of renewal of a motor vehicle liability policy by the insurer, or any renewal or extension of the term of the insured's licence or registration by the registrar.

Proof by non-residents

161(5)   A person who is not a resident of Manitoba may, for the purposes of this Part, give proof of financial responsibility,

(a) as provided in subsection (1); or

(b) subject to subsection (6), by filing a certificate of insurance in a form approved by the registrar, issued by any insurer authorized to transact automobile insurance in the province, state, territory, district, or country, in which the person resides.

Certificates of unlicensed insurers

161(6)   A certificate issued under clause (5)(b) by an insurer that is not authorized to carry on in Manitoba the business of automobile insurance is not effectual for the purpose of subsection (5) unless the insurer has filed with the Superintendent of Insurance, in a form prescribed by him,

(a) a power of attorney authorizing the Superintendent of Insurance to accept service of notice or process for itself in any action or proceeding against it arising out of a motor vehicle accident in Manitoba;

(b) an undertaking

(i) to appear in any action or proceeding against it or its insured arising out of a motor vehicle accident in Manitoba and of which it has knowledge,

(ii) that upon receipt from the Superintendent of Insurance of any notice or process served upon him in respect of its insured, or in respect of its insured and another or others, and sent by the superintendent to it as hereinafter provided, it will forthwith cause the notice or process to be personally served upon its insured, and

(iii) not to set up any defence to any claim, action, or proceeding, under a motor vehicle liability policy issued by it, which might not be set up if the policy had been issued in Manitoba in accordance with the law of Manitoba relating to motor vehicle liability policies, and to satisfy up to the limits of liability stated in the policy and, in any event, to an amount not less than the limits of liability fixed in section 160 any judgment rendered against it or its insured by a court in Manitoba, and become final, in any such action or proceeding.

Service of documents on unlicensed insurers

161(7)   Subject to subsection (8), where an insurer to which subsection (5) refers is not authorized to carry on in Manitoba the business of automobile insurance, notice or process in any action or proceeding in Manitoba against it or its insured arising out of a motor vehicle accident in Manitoba, may be effectually served upon the insurer or the insured, or upon both of them, by leaving three copies of the notice or process with the Superintendent of Insurance.

Statement furnished to Superintendent of Insurance

161(8)   Where the insurer is not a party to the action or proceeding, the person who leaves with the superintendent the copies of the notice or process shall, at the same time, leave with him a written statement, signed by the person who issued or caused to be issued the notice or process, and stating the full name and address of the insurer against whose insured the action or proceeding is taken.

Action by Superintendent of Insurance

161(9)   Upon receipt of notice or process under subsection (7), the Superintendent of Insurance shall forthwith mail two copies thereof, by registered mail, to the insurer at its address last known to him.

Evidence of undertaking by unlicensed insurer

161(10)   In any action or proceeding against an insurer who has given to the superintendent an undertaking under clause (6)(b), the plaintiff may give evidence of the undertaking; and the undertaking shall for all purposes of the action or proceeding be deemed to be a covenant for valuable consideration made by the insurer with the plaintiff.

Action on default by unlicensed insurer

161(11)   Where an insurer that has filed the documents described in subsection (6) defaults thereunder, certificates of the insurer shall not thereafter be accepted as proof of financial responsibility so long as the default continues; and the registrar shall forthwith give written notice of the default to the Superintendent of Insurance and to the proper officers in charge of the registration of motor vehicles, and the licensing of drivers, in all provinces of Canada and in all states, territories, or districts, in the United States where the certificates of the insurer are accepted as proof of financial responsibility.

162 and 163   [Repealed]

S.M. 2018, c. 10, Sch. B, s. 55.

DISPOSITION OF DEPOSITS

Proof of financial responsibility as security for payment

164(1)   Proof of financial responsibility given under section 161, shall be held as security for the payment of any judgment that may be recovered against the person making the deposit in an action for damages resulting from bodily injury to, or the death of, another or damage exceeding $1,000. to property caused by an accident, occurring after the date upon which the deposit is made and occasioned by, or arising out of, the ownership, maintenance, operation, or use, of a motor vehicle by the person making the deposit or by any other person for whose negligence the person making the deposit is liable.

164(2)   [Repealed] S.M. 2018, c. 10, Sch. B, s. 56

Order for payment from security deposited

164(3)   Money and securities deposited with the Minister of Finance shall be paid over by him on the order of the court, or of a judge thereof, to satisfy a judgment recovered as set out in subsection (1), or to satisfy any sum that may be agreed upon as liquidated damages occasioned by, or arising out of, the accident.

Security not subject to other claims

164(4)   A bond, money, or security, deposited with the registrar or the Minister of Finance pursuant to section 161, shall not, in the hands of the registrar or the Minister of Finance, respectively, be subject to any other claim or demand.

Action to recover on bond

164(5)   Where a judgment to which this Part applies is rendered against the principal named in the bond deposited with the registrar, and the judgment is not satisfied within thirty days after it has been rendered, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action on the bond in the name of the Minister of Finance; and may, to the extent of the bond but no more, recover the amount of his judgment and costs against the person executing the bond; and the amount so recovered shall, on the order of the court in which the judgment is obtained, or of a judge thereof, be paid over to the person recovering the judgment.

Payment where settlement made

164(6)   Where the Minister of Finance is satisfied that a sum has been agreed upon as liquidated damages occasioned by, or arising out of, the accident, upon request of the person making the deposit he may, from the money or securities so deposited, pay to the person entitled thereto the sum agreed upon; and, if he is satisfied that the sum agreed upon has been paid, he may pay to the person making the deposit the money or securities so deposited with him or the balance thereof remaining in his hands after making payment as aforesaid of the sum agreed upon.

S.M. 1991-92, c. 25, s. 40; S.M. 2018, c. 10, Sch. B, s. 56.

INSURANCE POLICIES

Nature of liability policy

165(1)   A motor vehicle liability policy to which reference is made in this Part includes insurance coverage provided under The Manitoba Public Insurance Corporation Act and the regulations made thereunder, whether evidenced by a form of policy or not, or in a form prescribed under The Insurance Act.

Delivery of certificate of financial responsibility

165(2)   Any insurer that has issued a motor vehicle liability policy to a person who is required under this Part to give proof of financial responsibility shall, as and when the insured requests, deliver to him for filing, or file direct with the registrar, a certificate for the purposes of this Part.

Certificate conclusive

165(3)   Such a certificate filed with the registrar shall be a conclusive admission by the insurer that a policy has been issued in the form prescribed by subsection (1) and in accordance with the terms of the certificate.

Notice of cancellation or expiry of policy

165(4)   Every insurer shall notify the registrar of the cancellation or expiry of any motor vehicle liability policy for which a certificate has been issued, at least ten days before the date of the cancellation or expiry; and, in the event of failure to give such notice, the policy shall remain in full force and effect.

RECIPROCAL ARRANGEMENTS

Suspension of driving privileges of non-resident judgment debtor

166(1)   Subject to subsection 270(1), where a judgment is rendered by any court in Canada or the United States against a person who is not a resident of the province and who fails to satisfy the judgment within 30 days from the date thereof, in an action for damages resulting from bodily injury to, or the death of, another, or damage exceeding $1,000. to property, occasioned by, or arising out of, the ownership, maintenance, operation, or use, of a motor vehicle by that person, the privilege of driving a motor vehicle in the province (other than to remove it therefrom) and the privilege of using, or having in the province, a motor vehicle registered in any province, state, or country in the name of that person, by reason thereof, is and becomes suspended forthwith upon the recovery of the judgment, and remains suspended until the person has, to the extent required by subsection 270(5), discharged or satisfied the judgment and given proof of financial responsibility.

Suspension of non-resident for conviction

166(2)   Where a person who is not a resident of the province is convicted by any court in Canada or the United States of an offence mentioned in subsection 264(1), or of an offence that, if committed in Manitoba, would be a violation of one or more of the provisions of the law mentioned in subsection 264(1), or forfeits his bail when charged with such an offence, the privilege of driving a motor vehicle in the province (other than to remove it therefrom) and the privilege of using, or having in the province, a motor vehicle registered in any province, state, or country in the name of that person, by reason of the conviction or forfeiture, is and becomes suspended forthwith upon such conviction or forfeiture, and remains suspended until he gives proof of financial responsibility.

Suspension of non-resident involved in accident

166(3)   Where a person who is not a resident of the province is the driver or owner of a motor vehicle that is in any manner, directly or indirectly, involved in an accident causing bodily injury to, or the death of, any person or damage to property in an amount apparently exceeding $1,000., the privilege of driving a motor vehicle in the province (other than to remove it therefrom) and the privilege of using, or having in the province, a motor vehicle registered in any province, state, or country in the name of that person, by reason of the motor vehicle being, directly or indirectly, involved in the accident, is suspended forthwith upon the happening of the accident, and remains suspended until the person

(a) gives security, sufficient in the opinion of the registrar, to satisfy any judgment that may thereafter be recovered against that person as a result of the accident, or any sum that may be agreed upon as liquidated damages, but subject to the limit as to amount stated in section 160; and

(b) gives proof of financial responsibility.

S.M. 1991-92, c. 25, s. 40 and 46.

Reciprocal suspension and cancellation of licences and registrations

167   Where under the laws of a province or territory of Canada or a state of the United States of America or the District of Columbia, a person's licence or the registration of a person's motor vehicle is suspended, cancelled or revoked or a person is disqualified or prohibited from driving a motor vehicle, holding a driver's licence or registering his or her vehicle under a provision of that law that the registrar determines to be analogous to a provision of this Act or the regulations, the registrar shall suspend, cancel or revoke the person's licence or the registration of the person's motor vehicle or disqualify the person from driving a motor vehicle, applying for or holding a driver's licence or registering his or her vehicle in Manitoba for the length of time provided under that law.

S.M. 1989-90, c. 56, s. 23.

PART VI

PROHIBITIONS, OFFENCES,
AND PENALTIES

DIVISION I

PROHIBITIONS

REGISTRATIONS, LICENCES AND PERMITS,
AND USE OF VEHICLES AND HIGHWAYS
GENERALLY

Age limit for registration

168(1)   No person under the age of sixteen years shall register a motor vehicle.

Limitation on registration by minors

168(2)   No person under the age of 18 years shall register a motor vehicle unless the application for registration is approved and signed

(a) by both of the applicant's parents;

(b) if the registrar is satisfied that it is not practical or desirable to obtain the approval and signature of both of the applicant's parents, by either of them;

(c) if one of the applicant's parents is dead, by the surviving parent;

(d) if the registrar is satisfied that the approval and signature of neither of the applicant's parents should be required, or if both of the applicant's parents are dead, by the applicant's legal guardian; or

(e) in circumstances described in clause (d) but in which the applicant has no legal guardian, by his or her employer, or any other person the registrar considers to be a responsible and suitable person.

Cancellation of registration issued to minor

168(3)   The registrar, on the written request of a person who has approved and signed an application by a minor pursuant to subsection (2) shall cancel the registration made by the minor.

S.M. 2001, c. 7, s. 16.

169   [Repealed]

S.M. 2018, c. 10, Sch. B, s. 57.

Prohibitions respecting registrations, use of licences, cards, etc.

170(1)   No person shall

(a) use or possess a fictitious, cancelled or suspended registration;

(a.1) use or possess the licence of another person, or permit another to use or possess his or her licence, or possess a fictitious or altered licence, for any purpose other than one described in clause (a.2);

(a.2) use or possess the licence of another person, or permit another to use or possess his or her licence, or use or possess a fictitious or altered licence, for the purpose of purchasing or obtaining or attempting to purchase or obtain liquor or cannabis in contravention of The Liquor, Gaming and Cannabis Control Act;

(b) apply for or obtain a new licence

(i) while the person's licence is suspended or the person is disqualified from holding a licence, or

(ii) if the person has not reinstated his or her licence and right to hold a licence after a suspension or cancellation;

(c) apply for or obtain a new a registration card for a vehicle

(i) while the vehicle's registration card is suspended or the person is disqualified from registering a vehicle, or

(ii) if the person has not reinstated the vehicle's registration card and his or her right to register a vehicle after a suspension or cancellation;

(d) use a driver's licence that is not valid;

(e) alter or deface a registration card, a licence, a motor vehicle liability insurance card, or a certificate of insurance issued under The Manitoba Public Insurance Corporation Act, or any other document, certificate, permit or card issued under, or required by, this Act or The Drivers and Vehicles Act;

(f) use or possess

(i) a licence that has been defaced, or

(ii) a registration card, a permit, a motor vehicle liability insurance card, or a certificate of insurance issued under The Manitoba Public Insurance Corporation Act, or any other document, certificate, permit or card issued under, or required by, this Act or The Drivers and Vehicles Act, that has been altered or defaced or is illegible;

(g) lend his permit or licence of any class to another person or permit another person to use it;

(h) when applying for a driver's licence or permit or a renewal, replacement or reinstatement of a driver's licence or permit represent himself or herself to be another person; or

(i) hold, at any time,

(i) both a valid driver's licence and a valid out-of-province driving permit, or

(ii) more than one valid out-of-province driving permit.

Application of clauses (1)(b) and (c)

170(1.1)   Clauses (1)(b) and (c) apply whether or not the period for which the cancelled or suspended licence or registration card was issued has expired when the person applies for or obtains the new licence or registration card.

Offence and penalty

170(2)   A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to the fine set out in subsection 239(1).

Additional penalty

170(3)   In addition to imposing a fine under subsection (2), the convicting judge or justice

(a) shall, if the contravention is under clause (1)(a.2),

(i) suspend the person's licence for a term of not more than one year, or

(ii) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction,

(A) the person does not hold a licence, or

(B) the person's licence is suspended or he or she is disqualified from holding a licence; and

(b) may, if the contravention is under another clause, impose such a suspension or disqualification.

Seizure of registration card, licence or other things

170(4)   A peace officer who on reasonable grounds believes that a person has contravened subsection (1) may

(a) seize the registration card, licence, document, certificate, permit or other card involved in the contravention; and

(b) if the contravention is under clause (1)(a) or (c) or subclause (1)(f)(ii), also seize the number plates involved in the contravention.

Disposition of seized items

170(5)   If a registration card, number plate, licence, document, certificate, permit or other card has been seized under subsection (4), the judge or justice hearing a proceeding about the contravention may

(a) order it confiscated; or

(b) order it returned to its owner, subject to such conditions as the judge or justice considers appropriate.

S.M. 1989-90, c. 55, s. 9; S.M. 1993, c. 40, s. 47; S.M. 1994, c. 4, s. 6; S.M. 2001, c. 7, s. 17; S.M. 2002, c. 40, s. 11; S.M. 2005, c. 37, Sch. B, s. 36; S.M. 2008, c. 36, s. 38; S.M. 2013, c. 51, Sch. B, s. 193; S.M. 2018, c. 9, s. 45.

Removing or defacing vehicle identification numbers

171(1)   No person shall

(a) remove, deface, alter, obliterate, destroy or make illegible the vehicle identification number of a motor vehicle; or

(b) operate, buy, sell, offer for sale or expose for sale a motor vehicle unless

(i) it has its vehicle identification number, and

(ii) that vehicle identification number has not been defaced, altered or obliterated and has not become illegible.

Application of clause (1)(a)

171(1.1)   Clause (1)(a) does not apply in relation to a motor vehicle whose vehicle identification number

(a) is removed or destroyed when a vehicle identification number authorized by the registrar under The Drivers and Vehicles Act is attached; or

(b) is destroyed when the motor vehicle is destroyed for scrap by a recycler after he or she has complied with the requirements of the regulations in relation to that motor vehicle.

Alteration or illegal use of plates

171(2)   No person shall

(a) deface or alter a number plate or use or permit the use of a defaced or altered number plate;

(b) deface or alter a currently valid validation sticker or use or permit the use of an altered or defaced currently valid validation sticker;

(b.1) deface or alter a registration class sticker or use or permit the use on a number plate of an altered or defaced registration class sticker;

(c) remove a number plate from a motor vehicle or trailer or a currently valid validation sticker or registration class sticker from the number plate on a motor vehicle or trailer except with the consent of the owner, under the authority of the registrar or as permitted by this Act, The Drivers and Vehicles Act or the regulations under either of those Acts;

(c.1) attach or permit the attachment to a motor vehicle or trailer of a fictitious number plate or anything that is made to resemble a number plate;

(c.2) operate or permit the operation of a motor vehicle or trailer to which is attached a fictitious number plate or anything that is made to resemble a number plate;

(d) attach or permit the attachment to a motor vehicle or trailer of a number plate that is not authorized for use on that motor vehicle or trailer, except as permitted by this Act, The Drivers and Vehicles Act or the regulations under either of those Acts;

(e) operate or permit the operation of a motor vehicle or trailer to which is attached a number plate that is not authorized for use on that motor vehicle or trailer, except as permitted by this Act, The Drivers and Vehicles Act or the regulations under either of those Acts; or

(f) display a validation sticker or registration class sticker on a number plate on a motor vehicle or trailer if it was not issued for display on that number plate.

Offence and penalty

171(3)   A person who contravenes a provision of subsection (1) or (2) is guilty of an offence and is liable on summary conviction to the penalties set out in section 239.

Seizure of number plates or other things

171(4)   A peace officer who on reasonable grounds believes that a person has contravened subsection (2) may seize the sticker, number plate or other thing involved in the contravention.

Disposition of seized items

171(5)   If a sticker, number plate or other thing has been seized under subsection (4), the judge or justice hearing a proceeding about the contravention may

(a) order it confiscated; or

(b) order it returned to its owner, subject to such conditions as the judge or justice considers appropriate.

S.M. 1994, c. 4, s. 7; S.M. 1997, c. 37, s. 19; S.M. 2002, c. 40, s. 12; S.M. 2005, c. 37, Sch. B, s. 37.

Misrepresenting model year

172(1)   No person shall represent the model year of a vehicle on a sale thereof, in offering it for sale, or in any application made for its registration or for a permit for it under this Act or The Drivers and Vehicles Act, to be other than the model year as designated by the manufacturer of the vehicle at the time it was manufactured.

172(2)   [Repealed] S.M. 2002, c. 40, s. 13.

S.M. 2002, c. 40, s. 13; S.M. 2005, c. 37, Sch. B, s. 38.

Driver's licence required

173(1)   No person shall drive a motor vehicle on a highway unless

(a) he or she holds a valid driver's licence of a class that authorizes him or her to operate the class of motor vehicle he or she is operating; or

(b) he or she holds a valid out-of-province driving permit that authorizes him or her to operate the class of motor vehicle he or she is operating, and he or she is authorized by section 31 of The Drivers and Vehicles Act to drive the motor vehicle in Manitoba.

Compliance with restricted licence

173(2)   A person who holds a licence issued under section 5 of The Drivers and Vehicles Act shall not drive a motor vehicle other than one the licence authorizes, and shall observe and conform to the restrictions, conditions or limitations stated in the licence.

S.M. 2001, c. 7, s. 18; S.M. 2005, c. 37, Sch. B, s. 39.

Prohibitions as to age and health

174(1)   No person shall drive a motor vehicle upon a highway

(a) who is under the age of 16 years; or

(b) who has a disease or disability that may be expected to interfere with the safe operation of a motor vehicle that may be operated with the class of licence or permit held by the person.

Non-application of clause (1)(a)

174(2)   Clause (1)(a) does not apply to a novice driver who holds a licence of a class or subclass prescribed for novice drivers in the regulations under The Drivers and Vehicles Act.

Minimum age for driving certain vehicles

174(3)   Except as otherwise permitted in this Act or The Off-Road Vehicles Act, no person who is under the age of 18 years shall operate a motor vehicle other than a class 5 or 6 motor vehicle.

174(4)   [Repealed] S.M. 2005, c. 37, Sch. B, s. 40.

S.M. 1989-90, c. 56, s. 24; S.M. 1995, c. 31, s. 12; S.M. 1999, c. 13, s. 2; S.M. 2001, c. 7, s. 19; S.M. 2005, c. 37, Sch. B, s. 40.

Driving of overweight vehicles prohibited

175(1)   The owner of a motor vehicle or trailer shall not drive or cause it to be driven upon a highway at any time when the gross weight thereof is in excess of that for which the motor vehicle or trailer is registered.

175(2)   [Repealed] S.M. 2002, c. 40, s. 13.

S.M. 2002, c. 40, s. 13.

Complying with conditional or restricted registration

176(1)   If the registrar has allowed the conditional or restricted registration of a motor vehicle under The Drivers and Vehicles Act, no person shall drive the motor vehicle on a highway, or permit the motor vehicle to be driven on a highway, except in compliance with the conditions or restrictions of the registration.

176(2)   [Repealed] S.M. 2002, c. 40, s. 13.

S.M. 1994, c. 4, s. 8; S.M. 2002, c. 40, s. 13; S.M. 2005, c. 37, Sch. B, s. 41.

Unduly slow speed prohibited

177(1)   No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable flow of traffic except when it is necessary to do so for safe operation or to comply with this Part.

177(2)   [Repealed] S.M. 1999, c. 13, s. 3.

Speed limit for agricultural equipment

177(3)   No person shall drive or tow agricultural equipment on a highway at a speed greater than the lesser of

(a) the lowest maximum rated speed set out on the sidewall of a tire of the agricultural equipment; or

(b) 70 km/h.

Speed limit for self-propelled infrastructure equipment

177(4)   No person shall drive self-propelled infrastructure equipment on a highway at a speed greater than 50 km/h.

177(4.1)   [Repealed] S.M. 2018, c. 10, Sch. B, s. 58.

177(5)   [Repealed] S.M. 2001, c. 19, s. 18.

S.M. 1989-90, c. 56, s. 25; S.M. 1999, c. 13, s. 3; S.M. 2001, c. 19, s. 18; S.M. 2018, c. 10, Sch. B, s. 58.

Warning device on slow vehicles

178(1)   Subject to subsection (2), no person shall drive or operate on a highway any vehicle travelling at a speed less than 40 km/h unless there is displayed on the back thereof a reflectorized warning device indicating that it is a slow moving vehicle, or the vehicle is permitted to be equipped with, and is equipped with, a lamp that emits an amber light and that lights intermittently or flashes, and the lamp is in operation and the light therefrom is visible from the rear.

Where subsection (1) not applicable

178(2)   Except as provided in the regulations, subsection (1) does not apply to a vehicle that is being driven at a speed of less than 40 km/h

(a) in order to comply with any provision of this Act or the regulations or with the order of a peace officer or with the directions indicated by means of a traffic control device; or

(b) when the vehicle, having been stopped, has just been put into operation and the speed thereof is being accelerated, or when the speed of the vehicle is being decreased in order to bring it to a stop; or

(c) when the vehicle is disabled and is being towed or when, due to mechanical failure, it is impossible to drive the vehicle at more than 40 km/h.

S.M. 1996, c. 19, s. 5; S.M. 1999, c. 13, s. 4; S.M. 2018, c. 10, Sch. B, s. 59.

Unnecessary noise or smoke

179(1)   No person in control or charge of a motor vehicle shall,

(a) unless the vehicle is an emergency vehicle, sound or permit the sounding of any bell, horn, or other signalling device so as to make an unnecessary noise; or

(b) permit any unnecessary amount of smoke to escape from the motor vehicle; or

(c) cause the motor vehicle to make an unnecessary noise by cutting out the muffler or otherwise;

(d) [repealed] S.M. 2018, c. 10, Sch. B, s. 60.

Unnecessary noise

179(2)   No person shall start, drive, turn or stop a motor vehicle, or accelerate the motor of a motor vehicle while it is stationary, in such a manner as to cause any loud and unnecessary noise in, or from, the engine, exhaust system or braking system, or from the contact of tires with the roadway.

S.M. 2018, c. 10, Sch. B, s. 60.

Registration of farm truck

180(1)   No person, other than a farmer, may register a motor vehicle as a farm truck.

180(1.1)   [Repealed] S.M. 2018, c. 10, Sch. B, s. 61.

Authorized use of farm truck

180(2)   A farm truck may be used by the registered owner thereof, or by a member of his family or his employee, for the transportation of

(a) produce or products, including livestock, of his own farm; or

(b) commodities or other property for use on his farm; or

(c) produce or products of the farm except

(i) milk and eggs belonging to another farmer, and

(ii) livestock belonging to another farmer unless the livestock is being transported to or from a farm, pasture or agricultural exhibition or fair and the gross vehicle weight of the vehicle or combination of vehicles used does not exceed 13,500 kilograms; or

(d) himself or members of his family, or his employees; or

(e) property belonging to another farmer for use on that other farmer's farm.

Use of farm truck by municipal councillors etc.

180(2.1)   A farm truck may be used

(a) by a member of a municipal council, or of the council of a local government district, in the course of performing his or her duties and functions as such; and

(b) by a volunteer, part-time or on-call fire-fighter or emergency medical responder in the course of performing his or her duties and functions as such.

Limitation on use of farm truck

180(3)   No person shall use a farm truck for the transportation of goods, wares, merchandise or other commodities, produce or livestock, or of persons, except as provided in subsection (2) and (2.1).

Farm truck not to be used for hire

180(4)   Except as permitted under subsection (2.1), no person shall use a farm truck for the transportation of persons or property for hire, gain or reward or the hope or expectation thereof.

180(4.1)   [Repealed] S.M. 1999, c. 13, s. 5.

Operation of farm truck for limited compensation

180(5)   Notwithstanding subsection (4), a person may use a farm truck

(a) to transport cereal grain, oil seeds or sugar beets from the farm where the crop was grown to a grain elevator or processing plant; or

(b) to transport vegetables or fruit from the farm where the crop was grown to a processing plant or to market; or

(c) to transport livestock to or from a farm, pasture, or agricultural exhibition or fair, where the gross vehicle weight of the vehicle or combination of vehicles used does not exceed 13,500 kilograms; or

(d) in the case of a fire of or in a grain elevator, to transport grain stored in the grain elevator to a place directed by the owner of the grain elevator;

and may receive compensation therefor not to exceed indemnification for out of pocket expenses actually incurred in the performance of the transportation.

Identification of livestock

180(6)   Every person transporting livestock by means of a farm truck shall comply with the applicable provisions of The Livestock and Livestock Products Act.

S.M. 1985-86, c. 13, s. 3; S.M. 1987-88, c. 23, s. 13 to 15; S.M. 1989-90, c. 56, s. 26 to 28; S.M. 1991-92, c. 25, s. 47 and 48; S.M. 1996, c. 19, s. 6; S.M. 1997, c. 31, s. 27; S.M. 1999, c. 13, s. 5; S.M. 2018, c. 10, Sch. B, s. 61.

Towing of vehicles transporting hazardous commodities

181   Every person towing a vehicle or tank-trailer that is transporting any hazardous commodity upon a highway shall comply with the regulations.

Moving vehicle not under control prohibited

182(1)   No person shall cause a vehicle to move on a highway if

(a) the control of the driver over the driving mechanism of the vehicle; or

(b) the view of the driver to the front or sides of the vehicle;

is obstructed or limited by reason of the load or the number of persons on the front seat, or in any other part of the vehicle.

Passengers not to block view of driver

182(2)   A passenger in a vehicle shall not occupy a position in it that interferes with the driver's view to the front or sides of the vehicle or with his control over the driving mechanism of the vehicle.

Undue crowding on front seat prohibited

182(3)   No driver of a motor vehicle shall permit more than two passengers to sit on the front or driver's seat of the vehicle while it is being driven on a highway, or permit any passenger to occupy any other portion of the vehicle in such a way that the view of the driver to the front or sides of the vehicle is obstructed or limited.

Obstruction of view

182(4)   Except as permitted under the regulations, no person shall drive a motor vehicle upon a highway while anything other than a standard rear view mirror or sun visor

(a) obstructs the view from the front windshield; or

(b) obstructs the view from the side windows; or

(c) obstructs the view from the rear windows unless the motor vehicle is equipped on each side thereof with a mirror, securely attached thereto and placed in such a position as to afford the driver, while driving, a clear view of the roadway in the rear and on both sides of the motor vehicle and of any vehicle approaching from the rear.

182(5) to (8)   [Repealed] S.M. 2018, c. 10, Sch. B, s. 62.

Occupancy of "bucket" seats

182(9)   Where any seat installed in the front of a motor vehicle is of a type designed to accommodate one person only, commonly called a "bucket" seat,

(a) the driver of the vehicle shall not permit more than one person to occupy that seat;

(b) the driver of the vehicle shall not permit any person to occupy the space between the driver's seat and the seat immediately beside the driver;

(c) no person shall, together with another person, occupy the seat; and

(d) no person shall occupy the space between the driver's seat and the seat next to the driver's seat.

182(10)   [Repealed] S.M. 1989-90, c. 56, s. 30.

S.M. 1989-90, c. 56, s. 29 and 30; S.M. 2018, c. 10, Sch. B, s. 62.

Dangerous or unsafe riding

183(1)   A person must not ride in a dangerous or unsafe manner in or on a vehicle that is being driven on a highway or any trailer that it is towing.

Driver must not drive with passenger riding dangerously or unsafely

183(1.1)   A driver must not drive a vehicle on a highway if a person is riding in a dangerous or unsafe manner in or on the vehicle or any trailer that it is towing.

Riding in house trailer

183(2)   No person shall occupy a house trailer while it is being moved upon a highway.

Driver's responsibility for house trailer

183(3)   No driver of a motor vehicle towing a house trailer shall permit any person to occupy the house trailer while it is being moved upon a highway.

Definition of "house trailer"

183(4)   In this section "house trailer" means a vehicle capable of being attached to and drawn by a motor vehicle, and designed, constructed, or equipped for use as living or sleeping quarters for a person or persons.

S.M. 2013, c. 50, s. 4.

Driver of motorcycle or moped to be on the seat

184(1)   A person who is driving a motorcycle or moped shall ride only upon the regular driver's seat attached to it.

184(2)   [Repealed] S.M. 2018, c. 10, Sch. B, s. 63.

Limitation on carriage of passengers on motorcycles

184(3)   No person, other than the driver, shall ride on a motorcycle unless

(a) it is designed and equipped to carry more than one person; and

(b) he rides on a seat attached to the motorcycle and designed to carry a passenger.

184(4)   [Repealed] S.M. 2018, c. 10, Sch. B, s. 63.

Responsibility of driver

184(5)   No person who is driving a motorcycle shall permit another person to ride on it in violation of subsection (3).

Restriction on carrying passengers on a moped

184(6)   No person shall carry or transport a passenger on a moped while it is being operated on a highway.

Transporting objects on moped

184(7)   No person, while operating a moped on a highway, shall carry or transport

(a) any object or thing on the front of the moped; or

(b) any object or thing on the rear of the moped that is of such size or is placed in such a way as to interfere with the proper operation and control of the moped by the operator, or that constitutes a hazard to other traffic.

184(8)   [Repealed] S.M. 2018, c. 10, Sch. B, s. 63.

S.M. 2018, c. 10, Sch. B, s. 63.

Mopeds not to operate on certain Provincial Trunk Highways

185(1)   Subject to subsection (2), a person must not operate a moped on a Provincial Trunk Highway on which the speed limit is more than 80 km/h.

Exception

185(2)   Subsection (1) does not apply to an operator of a moped crossing a Provincial Trunk Highway with a speed limit of more than 80 km/h if the crossing is made at an intersection and in the most direct route.

S.M. 1986-87, c. 14, s. 21 and 22; S.M. 2018, c. 10, Sch. B, s. 64.

Safety measures for wheelchair-bound passengers

185.1(1)   Except as permitted by the regulations, a driver must not drive a motor vehicle on a highway unless

(a) every wheelchair or other mobility aid occupied by a person in the motor vehicle is properly secured with a securement device that meets the requirements of the regulations; and

(b) every person occupying a wheelchair or other mobility aid in the motor vehicle is properly restrained by an occupant restraint system that meets the requirements of the regulations.

Regulations

185.1(2)   The Lieutenant Governor in Council may make regulations

(a) respecting the safety of persons occupying wheelchairs and other mobility aids while they are transported in motor vehicles;

(b) respecting securement devices for use in motor vehicles transporting persons occupying wheelchairs or other mobility aids and the proper use of such securement devices;

(c) respecting occupant restraint systems for persons occupying wheelchairs or other mobility aids in motor vehicles and the proper use of such occupant restraint systems;

(d) respecting the exemption, with or without conditions, of certain classes or types of motor vehicles or classes of persons from the operation of subsection (1);

(e) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section.

S.M. 2013, c. 50, s. 5.

Definition

186(1)   In this section, "child restraining device" means a child restraining device as defined in the regulations.

186(2)   [Repealed] S.M. 2018, c. 10, Sch. B, s. 65.

Driver must wear seat belt

186(3)   Except as permitted by the regulations, the driver of a motor vehicle that is being driven on a highway must wear, in a properly adjusted and securely fastened manner, the complete seat belt provided for the driver's seating position.

Passengers must wear seat belts

186(4)   Except as permitted by the regulations, a passenger in a motor vehicle that is being driven on a highway must

(a) be seated in a seating position for which a seat belt is provided; and

(b) wear the complete seat belt in a properly adjusted and securely fastened manner.

186(5)   [Repealed] S.M. 2013, c. 50, s. 6.

Driver must not drive if passenger not safely seated

186(6)   Except as permitted by the regulations, a driver must not drive a motor vehicle on a highway

(a) unless every person in the motor vehicle who is younger than 18 years of age is wearing, in a properly adjusted and securely fastened manner, the complete seat belt provided for the seating position in which the person is seated;

(b) if more than one person

(i) is seated in a seating position for which a seat belt is provided, or

(ii) is wearing the seat belt provided for a seating position;

(c) if there are more persons in the motor vehicle than there are seating positions for which seat belts have been provided; or

(d) if there are more seating positions in the motor vehicle than were provided by its manufacturer when it was originally manufactured.

186(7) and (8)   [Repealed] S.M. 2013, c. 50, s. 6.

Child restraining devices

186(9)   No person shall drive a motor vehicle on a highway unless every passenger who is of an age, weight or height specified in the regulations is properly seated and restrained in a child restraining device as required by the regulations.

Requirement for seat belts on sale of motor vehicle

186(10)   No manufacturer of motor vehicles and no dealer, and no agent or employee of a manufacturer of motor vehicles or a dealer, and no other person, shall sell a motor vehicle that is, or is advertised to be, a motor vehicle of the model or make of the year 1971 or any subsequent year, unless the motor vehicle is equipped at the time of sale with a seat belt assembly or automatic occupant protection system, as defined in and required by the regulations made under the Motor Vehicle Safety Act (Canada), installed by the manufacturer.

Removal of seat belts prohibited

186(11)   No person shall remove from a motor vehicle any part of a seat belt assembly or automatic occupant protection system as defined in the regulations made under the Motor Vehicle Safety Act (Canada) and as required under those regulations at the time the motor vehicle was manufactured in Canada or imported into Canada, except to replace broken, worn or damaged parts thereof.

Offence and penalty

186(12)   A person who contravenes this section is guilty of an offence and

(a) if the contravention is under subsection (3), (4), (6) or (9), is liable on summary conviction to the penalties set out in section 239; and

(b) if the contravention is under subsection (10) or (11), is liable on summary conviction to the fine set out in subsection 239(1).

Minors not subject to penalty

186(13)   Subsection (12) does not apply to a person who contravenes subsection (4) if that person at the time of the contravention is under 18 years of age.

Regulations

186(14)   The Lieutenant Governor in Council may make regulations

(a) defining "child restraining device";

(b) prescribing standards to which child restraining devices must conform and governing or prohibiting the sale or use of child restraining devices that do not meet the requirements of the standards;

(c) for the purpose of clause (5)(h), specifying the age and physical characteristics of children who are exempt from the application of subsection (4);

(d) [repealed] S.M. 2018, c. 10, Sch. B, s. 65;

(e) for the purpose of subsection (9), respecting child restraining devices and their proper use, including

(i) specifying the age and physical characteristics of children who are required to be seated in child restraining devices,

(ii) classifying children based on age, physical characteristics or other characteristics,

(iii) prescribing different child restraining devices for different classes of children,

(iv) prescribing the manner in which a child is to be seated and restrained in a child restraining device, and

(v) prescribing the manner in which a child restraining device is to be installed or secured in a motor vehicle;

(f) respecting the exemption, with or without conditions, of certain classes or types of vehicles or classes of persons from the operation of a provision of this section;

(g) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section.

S.M. 1991-92, c. 25, s. 49 to 52; S.M. 1992, c. 12, s. 3; S.M. 2002, c. 40, s. 14; S.M. 2012, c. 10, s. 3; S.M. 2013, c. 50, s. 6; S.M. 2018, c. 10, Sch. B, s. 65.

Smoking or e-cigarette use prohibited in motor vehicle if child present

186.1(1)   No person shall smoke tobacco, have lighted tobacco or use an e-cigarette in a motor vehicle while another person who is younger than 16 years of age is in the vehicle.

Smoking or e-cigarette use by children in a motor vehicle prohibited

186.1(2)   No person who is younger than 16 years of age shall smoke tobacco, have lighted tobacco or use an e-cigarette in a motor vehicle. This subsection applies even if the person is alone in the vehicle and regardless of the age of any other person in the vehicle.

Prohibitions apply whether motor vehicle enclosed or not

186.1(3)   Subsections (1) and (2) apply in respect of a motor vehicle even if its top or a window, sunroof, door or other feature of the vehicle is open.

Offence and penalty

186.1(4)   A person who contravenes subsection (1) or (2) is guilty of an offence and is liable on summary conviction to a fine of not more than $1,000.

S.M. 2009, c. 6, s. 2; S.M. 2015, c. 36, s. 17.

Helmets required when on a motorcycle or moped

187(1)   No person shall ride on or operate a motorcycle or moped on a highway without wearing on his or her head a helmet that is properly adjusted and securely fastened, and conforms to the standards and specifications set out in the regulations.

Where helmets not required

187(2)   Subsection (1) does not apply to the operator or passenger of a motorcycle which is manufactured with a cab that encloses and protects the operator and passenger.

187(3)   [Repealed] S.M. 2002, c. 40, s. 15.

Regulations

187(4)   The Lieutenant Governor in Council may make regulations prescribing the standards and specifications of helmets referred to in subsection (1).

S.M. 2002, c. 40, s. 15; S.M. 2004, c. 30, s. 24.

Definition of "drive carelessly"

188(1)   In this section, "drive carelessly" or "driving carelessly" means to drive or driving a vehicle on a highway without due care and attention or without reasonable consideration for other persons using the highway.

Prohibition of careless driving

188(2)   No person shall drive carelessly.

Offence and penalty

188(3)   A person who contravenes subsection (2) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.

Licence suspension or disqualification

188(4)   In addition to imposing a fine under subsection (3), the convicting judge or justice may

(a) suspend the person's licence for a term of not more than one year; or

(b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction,

(i) the person does not hold a licence, or

(ii) the person's licence is suspended or he or she is disqualified from holding a licence.

S.M. 2002, c. 40, s. 16.

Racing on highway prohibited

189(1)   No person shall race a motor vehicle with another motor vehicle upon a highway.

Offence and penalty

189(2)   A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.

Licence suspension or disqualification

189(3)   In addition to imposing a fine under subsection (2), the convicting judge or justice may

(a) suspend the person's licence for a term of not more than one year; or

(b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction,

(i) the person does not hold a licence, or

(ii) the person's licence is suspended or he or she is disqualified from holding a licence.

S.M. 2002, c. 40, s. 17.

Offence re damaging a highway

189.1(1)   If a highway is damaged by a vehicle or by the load on a vehicle, the following persons are guilty of an offence:

(a) the driver who was driving or towing the vehicle when the damage occurred, and any person who caused or permitted him or her to drive or tow it;

(b) any person who loaded the vehicle, and any person who caused or permitted another person to load the vehicle, if the load

(i) was higher or wider than the maximum height or width allowed under this Act or the regulations, or

(ii) did not comply with the conditions of a permit that had been issued under section 87 in respect of the vehicle or load.

Offence by vehicle owner

189.1(2)   The owner of a vehicle by means of which or in relation to which an offence under subsection (1) is committed is guilty of the same offence.

Penalty

189.1(3)   A person who is guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine of not more than $5,000.

S.M. 2008, c. 15, s. 2.

Safety zones

190(1)   No person shall drive a vehicle through or within a safety zone.

190(2)   [Repealed] S.M. 2004, c. 30, s. 25.

S.M. 2004, c. 30, s. 25.

Prohibition of certain U-turns

191   No driver shall turn a vehicle so as to proceed in the opposite direction,

(a) unless he can do so without interfering with other traffic; or

(b) when he is driving

(i) upon a curve; or

(ii) upon an approach to, or near, the crest of a grade where the vehicle cannot be seen by the driver of another vehicle approaching from either direction within 150 metres; or

(iii) at a place where a sign prohibits making a U-turn.

Limitation respecting backing up

192   No driver shall back a vehicle unless the movement can be made in safety and without interfering with other persons upon the highway and other vehicles lawfully thereon.

Prohibition of driving on sidewalk

193(1)   Except when entering or leaving a driveway or lane or when entering upon or leaving land adjacent to a highway, no driver shall drive a vehicle upon a sidewalk.

Driving on a dividing section

193(2)   On a divided highway no driver shall drive a vehicle over, across, or within the intervening space, barrier, or dividing section, except at a crossover or intersection established by a traffic authority.

Entering limited access highways

194(1)   Where on a limited access highway there is a place at which vehicles are permitted to enter, no person shall drive a vehicle onto the highway except at that place.

Leaving limited access highways

194(2)   Where on a limited access highway there is a place at which vehicles are permitted to leave, no person shall drive a vehicle from the highway except at that place.

Driving on median and right-of-way prohibited

195(1)   Subject to subsection (2), no person shall drive a motor vehicle upon a median of a highway or any portion of the right-of-way of a highway not designed for travel by motor vehicles.

Exceptions

195(2)   Subsection (1) does not apply to drivers of tow trucks, police vehicles, or other emergency vehicles including motor vehicles used for the repair or construction of telephone or power lines.

S.M. 2018, c. 10, Sch. B, s. 66.

Limitation on locking wheels

196(1)   No person driving a vehicle on a highway shall lock any wheel of the vehicle except with the device commonly known as a lock-shoe.

Moving dangerous objects prohibited

196(2)   No vehicle shall be driven, or object moved over, upon, or along, a highway that is likely to cause damage to the highway.

Definition of "air cushion vehicle"

197(1)   In this section "air cushion vehicle" means a vehicle other than a motor vehicle, that is designed to derive support and thrust in the atmosphere primarily from reactions against the earth's surface of air expelled from the vehicle and that is commonly referred to as a "hovercraft".

Restriction of hovercraft on highways

197(2)   No person shall operate an air cushion vehicle over, upon or across a highway except as may be provided in the regulations.

Responsibility of owner of air cushion vehicle

197(3)   No owner of an air cushion vehicle shall permit or authorize any person to operate the air cushion vehicle over, upon or across a highway except as provided in the regulations.

Aircraft use of highways prohibited

197.1(1)   Except as permitted by subsection (2), the regulations or a by-law made by a traffic authority under subsection (3), no person shall cause or permit an aircraft

(a) to land on a highway; or

(b) to take off from a highway.

Exceptions for emergency landings, etc.

197.1(2)   Subsection (1) does not apply in respect of an aircraft that

(a) lands or takes off as the result of a medical emergency or in the course of a search and rescue, police, forest fire fighting or life saving operation; or

(b) lands as the result of a mechanical emergency, when no viable landing site other than the highway is available.

By-laws by traffic authorities

197.1(3)   Subject to subsection (4), a traffic authority that is a municipality, the council of a band or a local government district may make by-laws, not inconsistent with the Aeronautics Act (Canada) and the regulations under that Act,

(a) prohibiting aircraft from landing on or taking off from highways under its authority;

(b) regulating the use of highways under its authority by aircraft for landings and takeoffs, including, but not limited to, requiring a permit to be obtained before any such use.

By-laws subject to regulations in certain cases

197.1(4)   A traffic authority may make by-laws under subsection (3) despite any regulations under this Act regulating the use of highways for aircraft landings and takeoffs, but a by-law under clause (3)(b) may not contain safety and other requirements that are less stringent than the requirements set out in the regulations.

By-laws affecting departmental roads

197.1(5)   When a by-law of a traffic authority under subsection (3) affects a departmental road, as defined in The Transportation Infrastructure Act, the by-law has no effect unless it is approved in writing by the minister or the minister's delegate, and the notice of approval is attached to and forms part of the by-law.

Withdrawal of approval

197.1(6)   The minister or the minister's delegate may, by a notice in writing, withdraw an approval given under subsection (5), and the withdrawal is effective, and the by-law previously approved is void, on and from the date set out in the notice.

Offence and penalty

197.1(7)   A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000.

S.M. 2002, c. 40, s. 18; S.M. 2018, c. 10, Sch. B, s. 67.

Cleaning of livestock vehicles

198   A person who transports livestock or other animals in a motor vehicle or trailer shall not drive or leave the motor vehicle or trailer upon any highway when not transporting livestock or other animals unless the motor vehicle or trailer has been thoroughly cleansed and all excrement and filth has been removed therefrom.

S.M. 2018, c. 10, Sch. B, s. 68.

AS TO USE OF MOTOR VEHICLE
BY PERSONS

Permitting vehicle to be driven by unauthorized person prohibited

199(1)   No person shall authorize or permit a motor vehicle owned by him or her or under his or her control to be driven on a highway by a person who is not authorized to drive it under this Act or The Drivers and Vehicles Act.

Hiring vehicle to unauthorized person prohibited

199(2)   No person shall let a motor vehicle for hire to a person who is not authorized to drive it under this Act or The Drivers and Vehicles Act.

S.M. 2005, c. 37, Sch. B, s. 42.

200   [Repealed]

S.M. 1994, c. 4, s. 9.

Operating vehicle without owner's consent

201(1)   No person shall operate a motor vehicle on a highway without the consent of the owner.

Definition of "owner"

201(2)   For the purpose of subsection (1), "owner" includes, in addition to its meaning under section 1, any person to whom the motor vehicle has been lent by the owner or who for the time being has otherwise the permission of the owner to use it for his own purposes.

S.M. 1997, c. 37, s. 20.

Use of old school buses

202   No person who acquires or has possession of a used school bus which is no longer used for the purpose of a school bus shall drive it upon a highway, or cause, authorize or permit it to be driven upon a highway, unless

(a) all signs or words which identify the motor vehicle as a school bus have been removed from the vehicle;

(b) any warning lamps and warning systems required for school buses under the regulations have been removed from the vehicle; and

(c) the front and rear of the bus have been repainted with a colour other than chrome yellow.

S.M. 2018, c. 10, Sch. B, s. 69.

Radar detection devices

203(1)   No person shall

(a) drive a motor vehicle that is equipped or equip a motor vehicle, with a device for detecting radar speed determination equipment; or

(b) have possession of a device for detecting radar speed determination equipment, in a motor vehicle; or

(c) permit a motor vehicle of which he is the registered owner to become or to remain equipped with a device for detecting radar speed testing equipment.

Seizure of radar detecting device

203(2)   Where a peace officer finds

(a) a vehicle that is equipped with a device for detecting radar speed determination equipment; or

(b) a person in possession of a device for detecting radar speed determination equipment, in a motor vehicle;

he may seize the device.

Disposition of seized device

203(3)   Where the device for detecting radar speed determination equipment has been seized by a peace officer, under subsection (2), the judge or justice hearing any matter under subsection (1) may order it confiscated or returned to the owner subject to such conditions as the judge or justice may deem reasonable and just.

AS TO EQUIPMENT

204   [Repealed]

S.M. 2005, c. 37, Sch. B, s. 43; S.M. 2018, c. 10, Sch. B, s. 70.

Standards of vehicles for manufacturers and distributors

205(1)   No manufacturer or distributor of motor vehicles manufactured in the province for sale in the province shall sell, offer for sale, have in possession for sale, or deliver for sale, a new motor vehicle of a prescribed class unless the motor vehicle and its components comply with all safety standards prescribed in the Motor Vehicle Safety Act (Canada) and the regulations made thereunder.

Compliance by dealer with standards

205(2)   No dealer shall sell, offer for sale, have in possession for sale, a new motor vehicle or trailer unless the motor vehicle or trailer and its components comply with all safety standards prescribed in the Motor Vehicle Safety Act (Canada) and the regulations made thereunder, and the motor vehicle or trailer bears the National Safety Mark referred to therein.

Modification re standards

205(3)   No distributor or dealer shall modify or alter a new motor vehicle, or exchange components of a new motor vehicle, of a class for which standards are prescribed, in such a manner that the motor vehicle would not comply with the standards prescribed for the motor vehicle and its components in the Motor Vehicle Safety Act (Canada) and the regulations made thereunder.

Standards of components

205(4)   No person shall sell, offer for sale, have in possession for sale, or deliver for sale, in the province components of a motor vehicle in respect of which standards are prescribed and that do not comply with all safety standards applicable thereto.

Offence and penalty

205(5)   A person who contravenes a provision of this section is guilty of an offence and

(a) if the person is a manufacturer and the contravention is under subsection (1) or (4), is liable on summary conviction to a fine of not more than $5,000.; and

(b) if the person is not a manufacturer, is liable on summary conviction to a fine of not more than $2,000.

S.M. 2002, c. 40, s. 19.

Definitions re immobilization systems

205.1(1)   The following definitions apply in this section.

"approved theft deterrent immobilizer" means an electronic immobilization system for motor vehicles that is approved for use in Canada as an approved theft deterrent system by the Insurance Bureau of Canada. (« dispositif d'immobilisation antivol approuvé »)

"immobilization system" means any of the following:

(a) an immobilization system that meets the requirements of section 114 of Schedule IV to the Motor Vehicle Safety Regulations, C.R.C., c. 1038, whether it is installed in the motor vehicle by its manufacturer at the time of manufacture or by any person after that time;

(b) an electronic immobilization system that meets the requirements of paragraph (a) of subsection 12(4.1) of the Motor Vehicle Safety Regulations, C.R.C., c. 1038, and is in a motor vehicle that was imported into Canada in the circumstances described in that subsection;

(c) an approved theft deterrent immobilizer. (« système d'immobilisation »)

Disabling or removing immobilization system

205.1(2)   Subject to the regulations under this Act respecting approved theft deterrent immobilizers, no person whose business is servicing or modifying motor vehicles shall disable or interfere with the proper functioning of a motor vehicle's immobilization system or remove it from the vehicle, unless

(a) it is necessary to do so to repair the immobilization system or to service or modify the vehicle;

(b) the owner has consented; and

(c) without delay after completing the service, repair or modification, the person ensures that the immobilization system is re-enabled or re-installed and is functioning properly.

Offence and penalty

205.1(3)   A person who contravenes subsection (2) or a provision of the regulations governing the installation, removal, repair and reinstallation of approved theft deterrent immobilizers is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.

S.M. 2010, c. 19, s. 2.

Definition of "air bag"

205.2(1)   In this section, "air bag" means

(a) an air bag as defined in section 2 of the Motor Vehicle Safety Regulations, C.R.C., c. 1038, with which a motor vehicle is equipped; and

(b) all the related systems in the motor vehicle for deploying the air bag and monitoring its functioning.

Disabling or removing air bag prohibited

205.2(2)   Except as permitted by subsection (3), no person shall disable or interfere with the proper functioning of an air bag in a motor vehicle or remove it from the vehicle, unless

(a) it is necessary to do so to repair the air bag or to service or modify the motor vehicle; and

(b) without delay after completing the service, repair or modification, the person ensures that the air bag is re-enabled or re-installed and is functioning properly.

Exceptions

205.2(3)   As exceptions to subsection (2),

(a) a person may install a manual cut-off switch in a motor vehicle to disable an air bag if the person's installation of the cut-off switch is authorized for the vehicle under the Motor Vehicle Safety Regulations, C.R.C., c. 1038, and other persons may disable the air bag by means of the cut-off switch;

(b) if the owner of a motor vehicle has written permission from Transport Canada to have an air bag in the vehicle disabled,

(i) a person may install a device in the motor vehicle that disables the air bag, or may disable the air bag in another manner, if he or she complies with the conditions of the permission, and

(ii) other persons may disable the air bag by means of the disabling device;

(c) a recycler may remove an air bag from a motor vehicle that he or she is recycling or that is being recycled by another recycler; and

(d) a person may remove an air bag from a motor vehicle if

(i) the vehicle is not registered under The Drivers and Vehicles Act or under a comparable Act in another jurisdiction,

(ii) the person owns the vehicle or has permission from its owner to remove the air bag, and

(iii) the vehicle is being dismantled for parts or destroyed for scrap.

Offence and penalty

205.2(4)   A person who contravenes subsection (2) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.

S.M. 2010, c. 19, s. 2.

Retreading and recapping tires

206(1)   No person shall retread a tire or recap a tire for sale in Manitoba, or as a service provided in Manitoba, unless he imprints thereon on one side thereof the word "retread" or "recap" or "rechapé", as the case may be, in letters of not less than 6 millimetres high.

Sale of retreads, etc.

206(2)   No person shall sell, offer for sale, have in possession for sale, or deliver for sale, in Manitoba, a tire that has been retreaded or recapped unless there is imprinted thereon on one side thereof the word "retread" or "recap" or "rechapé", as the case may be, in letters of not less than 6 millimetres high.

New tires to comply with safety standards

206(3)   No person shall sell, offer for sale, have in possession for sale or deliver for sale, new pneumatic tires for use on motor vehicles unless they comply with all safety standards prescribed in the Motor Vehicle Tire Safety Act (Canada) and the regulations made thereunder.

206(4)   [Repealed] S.M. 2002, c. 40, s. 20.

S.M. 2002, c. 40, s. 20.

207   [Repealed]

S.M. 2018, c. 10, Sch. B, s. 70.

207.1   [Repealed]

S.M. 1994, c. 4, s. 10; S.M. 2001, c. 19, s. 23; S.M. 2022, c. 39, s. 31.

GENERAL PROVISIONS

Precautions on opening doors

208   No person shall,

(a) open the door of a motor vehicle upon a highway without first taking due precautions to ensure that his act will not interfere with the movement of, or endanger, any other person or vehicle; or

(b) leave a door of a motor vehicle upon a highway open on the side of the vehicle available to moving traffic for a period of time longer than is necessary to load or unload passengers.

Tampering with motor vehicle prohibited

209   No person shall

(a) tamper with a motor vehicle without the authority of the driver or climb upon or in any motor vehicle, whether it is in motion or at rest, or hurl stones or any other missiles at it, or the occupants thereof; or

(b) while the motor vehicle is at rest and unattended, sound the horn or other signalling device, or attempt to manipulate any of the levers, starting switch or crank, brakes, or machinery thereof, or set the vehicle or the engine thereof in motion, or otherwise damage or interfere with it.

Removal, etc., of traffic control devices forbidden

210(1)   No person shall

(a) deface, obliterate, injure or interfere with; or

(b) without permission of the proper traffic authority, alter or remove or attempt to alter or remove;

a traffic control device or any part thereof.

Temporary traffic control devices

210(2)   Where, by reason of work being done in connection with the construction, repair, or maintenance of a highway, a traffic control device consisting of a "stop" or "arrêt stop" sign, a "yield" or "cédez le passage" sign, or a traffic control signal is temporarily removed from any place with permission as provided in subsection (1), unless a peace officer is stationed at that place to warn or guide traffic, the traffic authority shall cause a temporary "stop" or "arrêt stop", or "yield" or "cédez le passage" sign or traffic control signal to be so placed on, or adjacent to, the highway that it will convey to drivers the same information, command, caution, or warning as that conveyed by the traffic control device so removed.

210(3)   [Repealed] S.M. 2002, c. 40, s. 20.

S.M. 2002, c. 40, s. 20; S.M. 2018, c. 10, Sch. B, s. 71; S.M. 2021, c. 25, s. 6.

Removal, etc., of image capturing enforcement system forbidden

210.1   No person shall

(a) deface, obliterate, injure or interfere with an image capturing enforcement system or any part of one; or

(b) without the permission of the proper traffic authority, alter or remove, or attempt to alter or remove, an image capturing enforcement system or any part of one.

S.M. 2002, c. 1, s. 4.

Requirements as to carrying explosive material, etc.

211(1)   No motor vehicle used for the purpose of carrying in bulk gasoline, liquid petroleum gas or propane, fuel oil, or other liquid material, that is inflammable or explosive shall be driven on a highway unless provided with a special rear bumper and a safety valve.

Prohibition of carriage of certain dangerous things

211(2)   No person shall cause, permit, or authorize a vehicle to be on a highway if it is carrying material or things that, under the regulations, shall not be so carried.

Conditions of carriage of certain dangerous things

211(3)   Where, under the regulations, provision is made

(a) prescribing the equipment that shall be used on vehicles carrying any material or things designated in the regulations; or

(b) regulating or prescribing the manner in which any such material or things shall be carried in vehicles, or fixing the conditions under which any such material or things may be so carried;

no person shall cause, permit, or authorize a vehicle to be on a highway if it is carrying any material or things designated in any such regulations unless the vehicle is equipped, constructed, and operated as required in those regulations.

Section subject to Explosives Act

211(4)   This section is subject to the Explosives Act (Canada) and any regulations made thereunder, and applies only in so far as it is not contrary to that Act or those regulations; the intent being that this section shall be construed as supplementary to, and not contrary to any provision of, that Act or those regulations.

S.M. 2018, c. 10, Sch. B, s. 72.

Agreements respecting enforcement

212   The minister, with the approval of the Lieutenant Governor in Council, may enter into an agreement with the Government of Canada, or a minister thereof, respecting the enforcement of the provisions of the Transportation of Dangerous Goods Act (Canada), or any regulations made thereunder, in Manitoba, or the provisions of this Act or regulations made thereunder including the apportionment of the costs of and revenues arising from that enforcement.

Limitation as to carrying liquor

213(1)   No person shall cause, permit, or suffer any liquor, as defined in The Liquor, Gaming and Cannabis Control Act, to be in a vehicle upon a highway contrary to any provision of that Act.

213(2)   [Repealed] S.M. 2002, c. 40, s. 20.

S.M. 2002, c. 40, s. 20; S.M. 2013, c. 51, Sch. B, s. 193; S.M. 2018, c. 9, s. 45.

Transporting cannabis in or on vehicles

213.1(1)   No person shall drive or have the care or control of a vehicle on a highway if there is cannabis in or on the vehicle, whether or not the vehicle is in motion.

Exceptions

213.1(2)   Subsection (1) does not apply if

(a) the vehicle is a motor vehicle — other than a motor vehicle used for the transportation of persons for compensation — and

(i) the cannabis is stored in the trunk, an exterior compartment on the vehicle or another space designed for the carriage of goods or baggage that is not readily accessible to any person in the motor vehicle,

(ii) if the motor vehicle is a station wagon, van, sport utility vehicle, crossover or hatchback style of vehicle, the cannabis is stored behind the rear of the last seat in the vehicle, whether or not that seat is in an upright position, or

(iii) if the motor vehicle is a motor home, the cannabis is stored in a cabinet or other storage compartment away from the driver's area;

(b) the vehicle is a motor vehicle used for the transportation of persons for compensation and the cannabis is in the possession of a passenger and carried on the passenger's person or in the passenger's personal effects;

(c) the vehicle is an off-road vehicle and the cannabis is transported in compliance with section 31.2 of The Off-Road Vehicles Act;

(d) the vehicle is a power-assisted bicycle;

(d.1) the vehicle is a trailer; or

(e) the vehicle is driven by or is under the care or control of a person of a class prescribed by the regulations and the cannabis is stored and transported in accordance with the conditions set out in the regulations.

S.M. 2017, c. 22, s. 9; S.M. 2018, c. 19, s. 2.

Consuming cannabis in or on vehicles

213.2   No person shall inhale, ingest or otherwise consume cannabis in or on a motor vehicle, agricultural equipment or infrastructure equipment.

S.M. 2017, c. 22, s. 9; S.M. 2021, c. 4, s. 17; S.M. 2021, c. 5, s. 13.

Certain radio receivers prohibited

214(1)   Subject to subsection (2), no person

(a) shall use a radio receiving apparatus in a motor vehicle, whether permanently installed in the vehicle or not; or

(b) shall

(i) equip a motor vehicle with, or

(ii) operate a motor vehicle equipped with,

a radio receiving apparatus;

capable of receiving police transmissions within one or more of the radio frequency bands 150 to 174, 413 to 470 and 806 to 870 megacycles.

Exception

214(2)   Subsection (1) does not apply to persons lawfully authorized, under the Radio Act (Canada), to equip vehicles with two-way radio, or to peace officers, or to employees of a municipality or of the Government of Manitoba, acting in that capacity.

Seizure of radio receiving apparatus

214(2.1)   A peace officer who finds

(a) a person using a radio receiving apparatus; or

(b) a motor vehicle that is equipped with a radio receiving apparatus;

of the kind prohibited by subsection (1) may seize the device after laying a charge under subsection (1).

Disposition of seized radio receiving apparatus

214(2.2)   Where a radio receiving apparatus has been seized by a peace officer under subsection (2.1), the judge or justice hearing any proceeding under subsection (1) in relation to the apparatus may order it confiscated or returned to its owner, subject to such conditions as the judge or justice considers appropriate.

T.V. sets in vehicles prohibited

214(3)   No person shall drive upon a highway a motor vehicle equipped with a television set unless the television set

(a) is mounted or positioned behind the seat occupied by the driver; and

(b) the screen thereof is not visible directly or indirectly from the driver's seat.

Operation of T.V. sets in vehicles

214(4)   No person shall operate a television set in a motor vehicle, other than a television set mounted or positioned in accordance with the requirements of subsection (3), while the motor vehicle is travelling upon a highway.

S.M. 1999, c. 13, s. 6.

Use of radio headphones prohibited

215   No driver of a motor vehicle or operator of a bicycle shall, while operating the motor vehicle or bicycle on a highway, wear, on both ears, headphones which are used for the purpose of listening to a radio or a recording.

Definitions re hand-operated electronic devices

215.1(1)   The following definitions apply in this section.

"hand-operated electronic device" means

(a) a cellular telephone;

(b) another electronic device that

(i) includes a telephone function, and

(ii) normally is held in the user's hand during use or requires the user to use his or her hand to operate any of its functions;

(c) an electronic device that is not otherwise described in clause (a) or (b) but that

(i) is capable of transmitting or receiving e-mail or other text-based messages, and

(ii) normally is held in the user's hand during use or requires the user to use his or her hand to operate any of its functions; or

(d) any other electronic device that is prescribed as a hand-operated electronic device by the regulations. (« appareil électronique à commande manuelle »)

"use", in relation to a hand-operated electronic device, means any of the following actions:

(a) holding the device in a position in which it may be used;

(b) operating any of the device's functions;

(c) communicating by means of the device with another person or another device, by spoken word or otherwise;

(d) looking at the device's display; and

(e) taking any other action with or in relation to the device that is prescribed by the regulations. (« utiliser »)

Using hand-operated electronic device while driving prohibited

215.1(2)   No person shall use a hand-operated electronic device while driving a vehicle on a highway unless,

(a) before using the device by hand, the person safely drives the vehicle off the roadway and keeps the vehicle stationary while using the device; or

(b) the device

(i) is a cellular telephone or another electronic device that includes a telephone function, and

(ii) is configured and equipped to allow hands-free use as a telephone and is used in a hands-free manner.

Exception

215.1(3)   As an exception to subsection (2), a person may use a hand-operated electronic device by hand to call or send a message to a police force, fire department or ambulance service about an emergency.

Exception — police, fire and ambulance personnel

215.1(4)   Subsection (2) does not apply to any of the following persons in relation to the use of a hand-operated electronic device in carrying out his or her duties:

(a) a member of the Royal Canadian Mounted Police Force or another police officer, police constable or constable;

(b) a firefighter employed by a fire department;

(c) an individual operating an ambulance while it is being used to provide emergency medical response services.

Exception — certain radios and other equipment

215.1(5)   Subsection (2) does not apply to the use of

(a) a radio apparatus, as defined in section 2 of the Radiocommunication Act (Canada), that

(i) is operated under the authority of a radio operator certificate issued under that Act,

(ii) must, in order for its operator to communicate with another person, transmit radio signals to another radio apparatus that is operated under the authority of a radio licence issued under that Act, other than a radio licence issued to a cellular telephone network provider, or

(iii) is the type of radio apparatus commonly known as citizen's band radio or family band radio; or

(b) a mobile data terminal that

(i) is used for dispatch or other business-related communications in a vehicle used for business purposes, and

(ii) is not held in the driver's hand when the vehicle is moving.

Regulations

215.1(6)   The Lieutenant Governor in Council may make regulations

(a) for the purposes of the definition "hand-operated electronic device" in subsection (1), prescribing other devices as hand-operated electronic devices;

(b) for the purposes of the definition "use" in subsection (1), prescribing other actions that, when done with or in relation to a hand-operated electronic device, constitute using it;

(c) respecting the exemption, with or without conditions, of certain classes or types of devices or vehicles, or certain classes of persons, from the operation of a provision of this section;

(d) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section.

S.M. 2009, c. 6, s. 3; S.M. 2017, c. 13, s. 15.

Certain marking prohibited

216(1)   Except in the case of a peace officer, no person shall operate on a highway a motor vehicle equipped with a sign or otherwise marked in a manner which might indicate that it was being operated by a peace officer or was the property of a police force.

Order for change of marking

216(2)   Where the registrar receives a report that a motor vehicle is marked or bears a sign in contravention of this section, he may require the owner of the motor vehicle to bring the vehicle before him, and, if on inspection the registrar is satisfied that the motor vehicle's sign or other marking is in contravention of this section, he shall order the sign or marking to be removed or altered, specifying the details of any alteration required, and the owner of the motor vehicle shall forthwith comply with the order of the registrar.

Effect of order

216(3)   Subsection (2) does not operate to relieve the owner of a motor vehicle of any liability under subsection (1).

No depositing of rubbish or other injurious matter on highways

217(1)   No person shall drop, throw, or deposit on a highway, whether from a vehicle or otherwise, or knowingly leave on a highway

(a) any glass bottles, glass, nails, tacks, wire, cans, scraps of metal, or any other substance or thing that may be injurious to a person, animal, or vehicle; or

(b) any tobacco ashes, burning match, lighted cigar or cigarette, or other burning substance; or

(c) without restricting or being restricted by clause (a) or (b), any ashes, garbage, or other refuse, trash, or litter.

Removal of injurious material

217(2)   A person who drops, throws, or deposits upon a highway any substance or thing likely to injure a person, animal, or vehicle shall immediately remove it or cause it to be removed.

Removal of broken glass from highway

217(3)   A person who removes a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance or thing dropped upon the highway from the vehicle.

Warning as to obstructions placed on highway

217(4)   A person who places or deposits, or causes or permits to be placed or deposited, any obstruction on a roadway at a time when the regulations require vehicle lamps to be lighted must place advance warning devices on the highway in accordance with the regulations.

S.M. 2018, c. 10, Sch. B, s. 73.

Prohibition of cattle on highway

218(1)   No person shall allow cattle, horses, mules, sheep, or swine, to run at large upon a provincial highway or upon any other highway designated by the Lieutenant Governor in Council.

Saving

218(2)   No person shall be convicted of a violation of subsection (1), if he satisfies the judge or justice that the animals in respect of which he is charged with the violation were not running at large by reason of the deliberate act or omission, or the negligence, of himself or of his agent or servant, or of any member of his family residing with him.

No civil liability

218(3)   Nothing in this section confers any cause of action for damages, nor shall it be construed so as to impose any civil liability on the owner of the cattle, horses, mules, sheep, or swine allowed to run at large.

219(1) and (2)   [Repealed] S.M. 1988-89, c. 14, s. 11.

219(3)   [Repealed] S.M. 2018, c. 10, Sch. B, s. 74.

S.M. 1988-89, c. 14, s.11; S.M. 2018, c. 10, Sch. B, s. 74.

Tow truck equipment

220   No person shall operate a tow truck for the purpose of towing disabled vehicles unless the tow truck is equipped as prescribed in the regulations.

AS TO PARKING AND
LEAVING VEHICLES

Requirements on leaving vehicle

221(1)   Subject to subsection (4), no driver shall, without reasonable justification, permit a motor vehicle to stand unattended on a highway or park it on a highway without first having

(a) stopped the engine;

(b) locked the ignition; and

(c) removed the key.

Reasonable justification

221(2)   For the purpose of subsection (1), reasonable justification includes the temporary running of the engine of a motor vehicle while the motor vehicle is unattended for the purpose of warming the vehicle and defrosting the windshield during frigid weather conditions.

Vehicles standing on a grade

221(3)   No driver shall permit a motor vehicle that is standing on a grade to stand unattended or park it without first having

(a) effectively set the brakes; and

(b) turned the front wheels to the kerb or side of the highway in such manner as to impede any movement of the motor vehicle.

Where subsection (1) not applicable

221(4)   Subsection (1) does not apply in the case of

(a) a vehicle owned by

(i) Manitoba Hydro or a telecommunication service provider; or

(ii) a municipality and operated for municipal purposes; or

(b) a vehicle for hire, as defined in The Local Vehicles for Hire Act, that is responding to a street hail as authorized by a vehicle-for-hire by-law as defined in that Act;

(c) a vehicle that is in use by a merchant for the delivery of goods and that, at the time it is left unattended or parked, is so left for the purpose of permitting the driver thereof to deliver goods.

S.M. 1996, c. 79, s. 32; S.M. 2017, c. 36, s. 15; S.M. 2018, c. 10, Sch. B, s. 75.

Where parking off roadway required

222(1)   Where, outside a restricted speed area, it is practicable to stop, park, or leave a vehicle off a roadway, no person shall stop, park, or leave the vehicle, either attended or unattended, on the roadway.

Obstruction of traffic prohibited

222(2)   No person shall park or leave a vehicle so as to obstruct the free passage of traffic on a highway; but this subsection does not apply in respect of a vehicle that is so disabled that it is not practicable to avoid parking or leaving it temporarily on a highway.

223   [Repealed]

S.M. 2018, c. 10, Sch. B, s. 76.

FALSE STATEMENTS

False statements an offence

224(1)   No person shall knowingly make a false statement of fact, whether oral or written,

(a) in a report made or purporting to be made under any provision of this Act or the regulations; or

(b) in any information or particulars furnished by him as required under any provision of this Act or The Drivers and Vehicles Act; or

(c) in any application, declaration, affidavit, or paper writing required under this Act or the regulations, or under The Drivers and Vehicles Act or The Manitoba Public Insurance Corporation Act or the regulations under either of those Acts.

Offence and penalty

224(2)   A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.

Additional penalty

224(2.1)   If a licence, permit or registration has been issued to the person by reason of the commission of the offence, it is cancelled and the convicting judge or justice may, in addition to imposing a fine under subsection (2),

(a) order the licence, permit, or registration card and any number plates issued with it, confiscated; and

(b) disqualify the person convicted from holding a licence or permit and making a registration for a period not exceeding one year.

Seizure of licence, permit or registration card

224(2.2)   A peace officer who on reasonable grounds believes that a licence, permit or registration has been issued to a person as the result of a contravention of subsection (1) may seize the licence, permit, or registration card and any number plates issued with it.

Limitation not applicable

224(3)   No limitation in this Act or in, or brought into force in the province under or by virtue of, any other Act or law, applies to a prosecution for an offence under this section.

S.M. 1997, c. 37, s. 21; S.M. 2002, c. 40, s. 21; S.M. 2005, c. 37, Sch. B, s. 44.

DRIVING BY DISQUALIFIED
PERSONS, ETC.

Driving motor vehicle while disqualified or prohibited

225(1)   No person shall drive a motor vehicle on a highway while

(a) the person's driver's licence is suspended or cancelled;

(b) the person is disqualified from holding a driver's licence;

(c) the person is otherwise prohibited from driving a motor vehicle on a highway; or

(d) the person is disqualified or prohibited from operating an off-road vehicle.

Driving off-road vehicle while disqualified or prohibited

225(1.1)   No person shall drive an off-road vehicle

(a) while the person is disqualified or prohibited from operating an off-road vehicle; or

(b) while

(i) the person's driver's licence is suspended or cancelled,

(ii) the person is disqualified from holding a driver's licence, or

(iii) the person is otherwise prohibited from driving a motor vehicle on a highway,

under section 263.1, 264, 265 or 265.2.

Driving other vehicle while disqualified or prohibited

225(1.2)   No person shall drive agricultural equipment or infrastructure equipment on a provincial highway, or on a highway within the City of Winnipeg, an urban municipality or a restricted speed area, while

(a) the person's driver's licence is suspended or cancelled;

(b) the person is disqualified from holding a driver's licence;

(c) the person is otherwise prohibited from driving a motor vehicle on a highway; or

(d) the person is disqualified or prohibited from operating an off-road vehicle.

Driving an unregistered vehicle by owner prohibited

225(2)   No owner of a motor vehicle shall drive that motor vehicle on a highway while the registration thereof is suspended, or cancelled, or the owner is disqualified from registering that motor vehicle.

Driving of unregistered vehicle by other persons

225(3)   No person shall drive a motor vehicle on a highway if he or she has knowledge that the registration of that vehicle is suspended, or cancelled or the owner of that motor vehicle is disqualified from registering that motor vehicle.

Owner not to permit the driving of an unregistered vehicle

225(4)   No owner of a motor vehicle or off-road vehicle shall permit any person to drive that motor vehicle on a highway or operate that off-road vehicle

(a) while, to the knowledge of the owner, the driver's licence of that person is suspended or cancelled or the person is otherwise disqualified from holding a driver's licence or prohibited from driving a motor vehicle, or is disqualified or prohibited from operating an off-road vehicle; or

(b) while the registration of that motor vehicle is suspended or cancelled.

Owner not to permit the unlicensed driving of other vehicle

225(4.1)   No owner of agricultural equipment or infrastructure equipment shall permit any person to drive it on a provincial highway, or a highway within the City of Winnipeg, an urban municipality or a restricted speed area, while, to the owner's knowledge, the person's driver's licence is suspended or cancelled or the person is otherwise disqualified from holding a driver's licence or prohibited from driving a motor vehicle, or is disqualified or prohibited from operating an off-road vehicle.

Offence and penalty — suspended and other prohibited driving

225(5)   A person who contravenes a provision of subsection (1), (1.1) or (1.2), or of subsection 279.1(5) or (5.1) (restricted licence contraventions), is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000. or imprisonment for a term of not more than one year, or both. In addition, the convicting judge or justice may

(a) suspend the person's licence for a term of not more than one year; or

(b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction,

(i) the person does not hold a licence, or

(ii) the person's licence is suspended or he or she is disqualified from holding a licence.

Defence of accused re motor vehicle

225(5.1)   In a prosecution for a violation of subsection (1) or (2) or clause (4)(b), the accused has a defence if the accused can prove on a balance of probabilities

(a) that when the accused drove the motor vehicle he or she had a reasonable belief that his or her driver's licence or the registration was not suspended or cancelled, that he or she was not otherwise disqualified from holding a driver's licence or from registering that motor vehicle, or that he or she was not disqualified or prohibited from operating an off-road vehicle, as the case may be; or

(b) that before the accused drove the motor vehicle he or she took all reasonable steps to ascertain that his or her driver's licence or the registration was not suspended or cancelled, that he or she was not otherwise disqualified from holding a driver's licence or from registering that motor vehicle, or that he or she was not disqualified or prohibited from operating an off-road vehicle, as the case may be.

Defence of accused re off-road vehicle

225(5.2)   In a prosecution for a violation of subsection (1.1), the accused has a defence if the accused can prove on a balance of probabilities

(a) that when the accused operated the off-road vehicle he or she had a reasonable belief

(i) that he or she was not disqualified or prohibited from operating an off-road vehicle, or

(ii) that

(A) his or her driver's licence was not suspended or cancelled,

(B) he or she was not disqualified from holding a driver's licence, or

(C) he or she was not otherwise prohibited from driving a motor vehicle on a highway,

under section 263.1, 264, 265 or 265.2; or

(b) that before the accused operated the off-road vehicle he or she took all reasonable steps to ascertain

(i) that he or she was not disqualified or prohibited from operating an off-road vehicle, or

(ii) that

(A) his or her driver's licence was not suspended or cancelled,

(B) he or she was not disqualified from holding a driver's licence, or

(C) he or she was not otherwise prohibited from driving a motor vehicle on a highway,

under section 263.1, 264, 265 or 265.2.

Defence of accused re other vehicle

225(5.3)   In a prosecution for a violation of subsection (1.2), the accused has a defence if the accused can prove on a balance of probabilities

(a) that when the accused drove the vehicle he or she had a reasonable belief that his or her driver's licence was not suspended or cancelled, that he or she was not otherwise disqualified from holding a driver's licence, or that he or she was not disqualified or prohibited from operating an off-road vehicle, as the case may be; or

(b) that before the accused drove the vehicle he or she took all reasonable steps to ascertain that his or her driver's licence was not suspended or cancelled, that he or she was not otherwise disqualified from holding a driver's licence, or that he or she was not disqualified or prohibited from operating an off-road vehicle, as the case may be.

Time limit for prosecution

225(6)   A prosecution for a contravention of subsections (1) to (4.1), or of subsection 279.1(5) or (5.1) (restricted licence contraventions), may be commenced within two years after the day the alleged offence was committed.

S.M. 1985-86, c. 12, s. 15; S.M. 1986-87, c. 14, s. 24 and 25; S.M. 1993, c. 47, s. 8; S.M. 1999, c. 12, s. 6; S.M. 2001, c. 19, s. 25; S.M. 2001, c. 29, s. 5; S.M. 2002, c. 40, s. 22; S.M. 2004, c. 30, s. 26; S.M. 2013, c. 7, s. 2; S.M. 2018, c. 10, Sch. B, s. 77; S.M. 2018, c. 12, s. 6.

Driving without liability insurance card

226(1)   A person must not drive, cause or permit to be driven, upon a highway any vehicle registered or required to be registered under The Drivers and Vehicles Act, other than a vehicle that is of a type or class not required to be insured under The Manitoba Public Insurance Corporation Act, unless there is in full force and effect a motor vehicle liability insurance card issued in respect of the vehicle under The Manitoba Public Insurance Corporation Act and the regulations made thereunder.

Non-application of subsection (1) to certain vehicles

226(1.1)   Subsection (1) does not apply to a vehicle that is registered and insured as required by Part 5 of The Drivers and Vehicles Act (Registration of Off-Road Vehicles).

Insurance for agricultural equipment or infrastructure equipment

226(1.2)   A person must not drive agricultural equipment or infrastructure equipment on a highway unless the equipment is insured under an insurance policy, in accordance with The Insurance Act and the regulations under that Act, that

(a) is issued to the owner of the equipment;

(b) insures against damages arising from

(i) death or bodily injury, and

(ii) loss or damage to property; and

(c) despite subsection 160(4), has a minimum policy limit as prescribed in the regulations under this Act.

Driving without certificate of insurance

226(2)   If this Act requires a person to hold a driver's licence while driving a vehicle other than agricultural equipment or infrastructure equipment on a highway, a person must not drive the vehicle on a highway unless a certificate of insurance

(a) has been issued to the person in respect of the driver's licence under The Manitoba Public Insurance Corporation Act and the regulations under that Act; and

(b) is valid.

Production of proof of insurance

226(3)   The owner, driver or operator of a vehicle that is being operated on a highway, or who is making, or is required to make, a report under section 155 shall, on request of a peace officer, produce to the peace officer

(a) a motor vehicle liability insurance card that was issued in respect of, or that relates to, the vehicle; and

(b) where the driver holds, or is required to hold, a licence issued under The Drivers and Vehicles Act, a certificate of insurance issued in respect of that licence.

226(4) to (8)   [Repealed] S.M. 1994, c. 4, s. 11.

Offence and penalty

226(9)   Every person who contravenes, disobeys, or violates, or refuses, omits, neglects or fails to observe, obey or comply with subsection (1) or (2) is guilty of an offence and is liable on summary conviction to the penalties set out in section 239, and

(a) where the person was convicted of an offence under subsection (1), and does not pay the fine imposed within the time permitted, all registrations and number plates issued to the person are suspended and he is disqualified from registering a vehicle until the fine and costs are paid or remitted; and

(b) where the person was convicted of an offence under subsection (2), and does not pay the fine imposed within the time permitted, his licence or permit is suspended and he is disqualified from obtaining a licence or permit until the fine and costs are paid or remitted.

S.M. 1994, c. 4, s. 11; S.M. 2002, c. 40, s. 23; S.M. 2005, c. 37, Sch. B, s. 45; S.M. 2013, c. 54, s. 42; S.M. 2018, c. 10, Sch. B, s. 78.

Drunken driving of vehicles other than motor vehicles

227(1)   No person

(a) who is in charge of a vehicle other than a motor vehicle or bicycle, or of a horse or other animal, used as a means of conveyance; and

(b) who is, through drunkenness, unable to drive or ride it with safety to other persons who are on a highway or bicycle facility;

shall drive or ride the vehicle, bicycle or animal on a highway or bicycle facility.

Offence and penalty

227(2)   A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000. or imprisonment for a term of not more than one year, or both.

S.M. 1989-90, c. 56, s. 31; S.M. 2002, c. 40, s. 24.

CONVICTIONS QUASHED

Where conviction quashed

228   Where, by reason of a conviction of an offence,

(a) a motor vehicle is impounded; or

(b) the licence of any person is suspended or cancelled; or

(c) any person is disqualified for any period from holding a licence; or

(d) the registration of a motor vehicle in the name of any person is suspended or cancelled; or

(e) any person is disqualified for any period from registering a motor vehicle;

if the conviction is quashed any penalty mentioned in clauses (a) to (e) that has been incurred under this Act shall be rescinded; and, upon production to the registrar and to the person having custody of the impounded motor vehicle of a certified copy of the order quashing the conviction, the motor vehicle shall be released, the licence or registration restored, or the disqualification removed, as the case may be; but this section does not apply to the impoundment or detention of a motor vehicle, or the cancellation or suspension of a licence or registration, under Part VII or section 160, 166 or 167.

Definition of "owner"

229(1)   In this section, "owner", in relation to

(a) a vehicle that displays a number plate or permit and is involved in a contravention referred to in subsection (2),

(i) means the person to whom a registration card is issued with a number corresponding to the number of the number plate displayed on the vehicle or to whom the permit is issued, unless the person proves to the satisfaction of the judge or justice that the number plate or permit displayed on the vehicle was displayed without his or her consent, or

(ii) if that person passed the property in the vehicle to someone else before the vehicle was involved in the contravention, means any person who, alone or jointly with one or more others,

(A) has the right to pass the property in the vehicle, or

(B) has exclusive use of the vehicle under a lease or other agreement for a period of more than 30 days; and

(b) a vehicle that does not display a number plate and is involved in a contravention referred to in subsection (2), means any person who, alone or jointly with one or more others,

(i) has the right to pass the property in the vehicle, or

(ii) has exclusive use of the vehicle under a lease or other agreement for a period of more than 30 days.

Owner may be charged with driver's offence

229(2)   The owner of a vehicle that is involved in a contravention of this Act, a regulation or a rule or by-law made by a traffic authority under subsection 90(1) may be charged with any offence with which, in similar circumstances, the driver of a vehicle or the person having care, charge or control of one may be charged.

Conviction of owner

229(2.1)   If the judge or justice before whom the owner is tried is satisfied that the vehicle was involved in the contravention, the owner is guilty of the offence, unless the owner proves to the satisfaction of the judge or justice that at the time of the contravention the vehicle was, without the owner's express or implied consent, in someone else's possession.

Owner not guilty when driver is guilty

229(3)   An owner is not guilty of an offence under subsection (2.1) in relation to an occurrence if the owner satisfies the judge or justice that the driver of the vehicle or the person having care, charge or control of it, being in either case a person other than the owner, was convicted of the offence in relation to the same occurrence.

Owner not guilty when another owner is guilty

229(3.1)   Without limiting the generality of subsection (3), an owner is not guilty of an offence under subsection (2.1) if the owner satisfies the judge or justice that

(a) the vehicle was comprised of a combination of two or more vehicles;

(b) the owner did not own all of the vehicles in the combination; and

(c) another person who owned one of the vehicles was convicted of the offence in relation to the same occurrence.

Owner penalty

229(4)   An owner who is guilty of an offence under subsection (2.1) is liable, on summary conviction, to the penalty to which the driver or person having care, charge or control is subject except that the owner is not liable to imprisonment.

Limitation

229(5)   No proceedings against an owner may be instituted for an offence under subsection (2.1) after the expiry of the time for instituting proceedings against the driver of the vehicle or the person having care, charge or control of it.

S.M. 1991-92, c. 24, s. 4; S.M. 1997, c. 57, s. 1; S.M. 2002, c. 1, s. 5.

PROHIBITIONS — GENERAL

Standing vehicle contrary to traffic control device an offence

230   Where, under subsection 79(3), a traffic control device has been erected on a highway

(a) over which the minister is the traffic authority; or

(b) in a municipality that has not passed a by-law under section 93;

no person shall

(c) stop, stand, or park, a vehicle on the highway or portion thereof to which the traffic control device relates, in contravention of the traffic control device or for a period longer than, or otherwise than, as authorized by the traffic control device; or

(d) cause, or permit a vehicle to remain stationary on any portion of the highway during a period when stopping on that portion thereof is prohibited as indicated by the traffic control device.

S.M. 2001, c. 43, s. 44.

231 and 232   [Repealed]

S.M. 1994, c. 4, s. 12.

Cruelty to livestock prohibited

233   No person, while transporting livestock or other animals in a motor vehicle, shall

(a) by negligence or ill-usage in the transportation thereof, cause or permit any damage or injury to be done to the livestock or other animals, or any of them; or

(b) transport the livestock or other animals in such a manner or position as to cause unnecessary suffering to them or any of them.

Removal of traffic tickets, etc., forbidden

234   No person, other than the person having charge of a vehicle, shall remove therefrom any ticket or notice that has been placed thereon by a peace officer to notify the owner or person in charge thereof that it is alleged that a violation of a provision of this Act, The Drivers and Vehicles Act, or the regulations under either Act, or of a municipal by-law, has been committed with respect to, or by means of, the vehicle on which the ticket or notice was placed.

S.M. 2005, c. 37, Sch. B, s. 46; S.M. 2013, c. 47, Sch. A, s. 127.

Offence respecting evidence of insurance

235(1)   No person shall produce to a peace officer or the registrar a motor vehicle liability insurance card or a certificate of insurance purporting to show that at the time of its production it was in force if, in fact, it was not at that time in force.

235(2) and (3)   [Repealed] S.M. 2002, c. 40, s. 25.

S.M. 2002, c. 40, s. 25.

PARKING LOTS

Offences on parking lots

236(1)   Notwithstanding section 74, any person who operates a motor vehicle in any place designed and intended, and primarily used, for the parking of vehicles, including the necessary passageways thereon, has the same rights and duties, and is subject to the same penalties provided for a violation of any provision of this Act, as a person operating a motor vehicle upon a highway.

Offences in "pay" parking lots

236(2)   Notwithstanding subsection (1), where the owner or operator of any place to which that subsection applies makes a charge for the privilege of parking a vehicle therein or thereon, subsection (1) does not apply with respect thereto; but any person who, in or on that place, does any thing that, if done on a highway, would be a violation of any of the following provisions, or of any part thereof, that is to say,

(a) section 61;

(b) section 76;

(c) sections 124, 155, 174, 182 to 188, 192, 199, 208, 209, 211, 213, 217, 224 and 233;

(d) sections 213.1 and 213.2, unless the applicable vehicle is a motor home that, at the relevant time, is being occupied and used as a private dwelling;

shall be deemed to have violated that provision or the part thereof, and is guilty of an offence and is liable, on summary conviction, to the penalty herein provided for a violation of that provision or the part thereof.

Where section not applicable

236(3)   This section does not apply with respect to any place where vehicles are stored by the owners thereof, subject to payment of a charge therefor, with the intention and understanding, on the part of both the owner of any such vehicle and the owner or operator of the place, that the vehicle will not be removed for a period of two weeks or longer unless removed for the purpose of the sale thereof.

S.M. 1989-90, c. 4, s. 5; S.M. 1989-90, c. 56, s. 32; S.M. 2017, c. 22, s. 10; S.M. 2018, c. 10, Sch. B, s. 79.

Sale of motor vehicle to person under 16 prohibited

237(1)   No person shall

(a) sell or offer to sell a motor vehicle to any person who is under 16 years of age; or

(b) sell or offer to sell a motor vehicle to any person who is over 16 but under 18 years of age, unless the purchaser produces to the vendor the written consent of a parent or guardian of the purchaser or where the purchaser has no parent or guardian then the written consent of a responsible person in the community in which the purchaser resides.

Penalties

237(2)   Any person who sells or offers to sell a motor vehicle contrary to the provisions of subsection (1) is guilty of an offence and is liable on summary conviction

(a) if the person is not a dealer or corporation, to a fine of not more than $2,000.; and

(b) if the person is a dealer or corporation, to a fine of not more than $5,000.

S.M. 2002, c. 40, s. 26.

DIVISION II

OFFENCES AND PENALTIES

238(1)   [Repealed] S.M. 1996, c. 26, s. 16.

Penalty for speeding offences

238(2)   A person who is guilty of an offence under subsection 95(1) is liable to a fine of not more than $7.70 for each km/h that the vehicle was driven over the speed limit at the place where the offence was committed.

Speeding in a designated construction zone

238(2.1)   In addition to the penalty set out in subsection (2), a person who is guilty of an offence under clause 95(1)(c) (speeding in a designated construction zone) is liable to a further fine of $7.70 for each km/h that the vehicle was driven over the speed limit at the place where the offence was committed.

Additional fine not conditional on construction activity or lower speed limit

238(2.2)   To avoid doubt about the application of the additional fine set out in subsection (2.1), the additional fine applies whether or not

(a) workers were present, equipment was being used or active construction work was being done anywhere in the designated construction zone when the offence was committed; or

(b) the speed limit at the place where the offence was committed was established under section 77.1.

Additional suspension

238(3)   When a person is convicted of an offence under subsection 95(1), the convicting judge or justice may, in addition to any other penalty prescribed under this Act, suspend the licence of the person for a period of not more than one year.

S.M. 1996, c. 26, s. 16; S.M. 2002, c. 40, s. 27; S.M. 2004, c. 30, s. 27; S.M. 2008, c. 3, s. 16; S.M. 2013, c. 21, s. 8; S.M. 2018, c. 10, Sch. B, s. 80.

General offences and penalties

239(1)   A person who contravenes or fails to comply with or obey

(a) a provision of this Act or the regulations;

(b) a municipal by-law passed under the authority of this Act or the regulations; or

(c) an order, direction or requirement of a peace officer, a traffic authority or another authority or person

(i) given under the authority of this Act or the regulations, or

(ii) indicated or conveyed by a traffic control device;

is guilty of an offence and, except where another penalty is provided in this Act, is liable on summary conviction to a fine of not more than $2,000.

Licence suspension or disqualification

239(2)   In addition to imposing a fine under subsection (1), the convicting judge or justice may

(a) suspend the person's licence for a term of not more than one year; or

(b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction,

(i) the person does not hold a licence, or

(ii) the person's licence is suspended or he or she is disqualified from holding a licence.

Non-application to bicycle helmet offences

239(3)   Subsections (1) and (2) do not apply to a contravention of section 145.0.1.

S.M. 1989-90, c. 4, s. 6; S.M. 1996, c. 26, s. 17; S.M. 2002, c. 40, s. 28; S.M. 2004, c. 30, s. 28; S.M. 2012, c. 39, s. 3; S.M. 2014, c. 32, s. 12; S.M. 2018, c. 10, Sch. B, s. 81.

239.1   [Repealed]

S.M. 1989-90, c. 4, s. 7; S.M. 1993, c. 47, s. 8; S.M. 2002, c. 40, s. 29.

Increased penalties for offences resulting in death

239.2(1)   If a person's death results from the commission of an offence for which another person is convicted under subsection 239(1) or another provision of this Act, the convicting judge or justice may impose either or both of the following penalties:

(a) a fine in an amount that is not restricted to the maximum fine otherwise provided for the offence;

(b) a term of imprisonment of not more than two years.

This is despite section 239 or any other provision of this Act that sets out a penalty for the offence.

Licence suspension or disqualification

239.2(2)   In addition to imposing a penalty under subsection (1) or under any other provision of this Act, the convicting judge or justice may

(a) suspend the person's licence for a term of not more than five years; or

(b) disqualify the person from holding a licence for a term of not more than five years if, at the time of the conviction,

(i) the person does not hold a licence, or

(ii) the person's licence is suspended or he or she is disqualified from holding a licence.

S.M. 2005, c. 31, s. 2.

Limitation period — offences resulting in death

239.3   Despite any other provision of this Act or of any other Act, a prosecution for an offence described in subsection 239(1) or under another provision of this Act may be commenced not later than two years after the day on which the offence is alleged to have been committed, if

(a) a person's death is alleged to have resulted from the commission of the offence; or

(b) a person is alleged to have suffered a life-threatening injury as a result of the commission of the offence.

S.M. 2005, c. 31, s. 2.

Saving

240   Nothing in section 238, 239 or 239.2 restricts, limits, or affects the effect of any other provision herein authorizing or requiring the suspension or cancellation of a registration, licence, or permit or the disqualification of any person from holding a licence or making a registration.

S.M. 2005, c. 31, s. 3.