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

DEFINITIONS AND INTERPRETATION

Definitions

"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 »)

"alternative measures" means alternative measures authorized under paragraph 717(1)(a) of the Criminal Code; (« mesures de rechange »)

"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 responder" means

(a) a firefighter, or

(b) an emergency medical responder or paramedic certified to practise by the College of Paramedics of Manitoba; (« intervenant d'urgence »)

"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 used to respond to a fire, medical or other emergency by

(i) a volunteer, part-time or on-call emergency responder, or

(ii) a person who is not an emergency responder but who has been assigned emergency response duties by a fire department; (« 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 Management Organization or the Department of Health; (« 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 medical review committee as defined in The Drivers and Vehicles Act; (« 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 »)

"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. 13, s. 8; S.M. 2022, c. 18, s. 2; S.M. 2022, c. 21, s. 2; S.M. 2022, c. 39, s. 28; S.M. 2023, c. 9, s. 4; S.M. 2023, c. 18, s. 10.

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

PART I
REGISTRATION OF VEHICLES

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

(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

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.

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

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.

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.

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.

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.

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

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"

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

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.

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

RENTING MOTOR VEHICLES

Record of motor vehicles rented

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

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

PART II
LICENCE REQUIREMENTS FOR HIGHWAY DRIVING

Driver's licence required to drive motor vehicle

(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.

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

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

"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

(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.

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

Alcohol and drugs — novice drivers

(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

(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.

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 vision, their ability to read and understand highway signs regulating, warning, and directing traffic, their 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; S.M. 2022, c. 13, s. 9.

RECIPROCAL AGREEMENTS AND ARRANGEMENTS

Arrangements and agreements recognizing foreign drivers' licences

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.

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

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. 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

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

Equipment in good 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.

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

TOWING AND PUSHING

Towing of motor vehicles

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

(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

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

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.

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

WEIGHT RESTRICTIONS

Definitions

"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

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.

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

Liability for damage by overweight vehicles

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

Prohibition of certain classes of vehicles

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

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 His 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, His 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

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

(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

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

TRAFFIC CONTROL AND HIGHWAY CLOSURE

Peace officer or emergency responder may direct traffic

(a) a peace officer; or

(b) an emergency responder who in the course of their 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 emergency responder may exercise a power set out in subsection (1) when the peace officer or emergency responder 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 emergency responder's directions

76(3)   A person must obey

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

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

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.

Emergency responder's authority subordinate to police officer

76(5)   An emergency responder 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 the police officer's direction.

S.M. 1989-90, c. 4, s. 3; S.M. 2013, c. 4, s. 2; S.M. 2023, c. 9, s. 4.

Closing highway due to road conditions, visibility, emergency, etc.

(a) road conditions;

(b) reduced visibility;

(c) a serious collision or other emergency or hazardous situation on or near the highway.

How highway is closed

76.0.1(2)   The highway may be closed by placing traffic control devices at each end of the affected length of the highway to advise members of the public that the highway is closed.

Prohibition

76.0.1(3)   A person must not

(a) drive a vehicle on the closed highway; or

(b) cause or permit a vehicle to be driven on the closed highway.

Exemptions — certain drivers

76.0.1(4)   Clause (3)(a) does not apply to

(a) the operator of an emergency vehicle;

(b) the operator of infrastructure equipment; or

(c) a person authorized by a peace officer to drive on the closed highway.

Exemption — cause or permit vehicle to be driven

76.0.1(5)   Clause (3)(b) does not apply to a person who causes or permits a vehicle to be driven on the closed highway by a person who is exempt under subsection (4).

Offence and penalty

76.0.1(6)   A person who contravenes subsection (3) is guilty of an offence and is liable on conviction,

(a) if the vehicle is not a regulated vehicle, to a fine of not more than $2,000 or imprisonment for a term not exceeding one year, or both; and

(b) if the vehicle is a regulated vehicle, to a fine of not more than $5,000 or imprisonment for a term not exceeding one year, or both.

Vicarious responsibility

76.0.1(7)   For the purpose of clause (3)(b), a person is deemed to have caused or permitted a vehicle to be driven on the closed highway if it is driven by someone who

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

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

No liability to person using closed highway

76.0.1(8)   A person using the closed highway does so at their own risk and has no right to compensation or damages against the minister, the government or the traffic authority of the highway or any of their officers, employees or agents for any injuries or damages sustained while using the highway.

Interpretation

76.0.1(9)   For the purpose of this section, the closing of a highway means the closing of the entire highway or a portion of the highway, as the case may be.

S.M. 2022, c. 46, s. 3.

Peace officer may stop vehicles

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

(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

(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

"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.

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

Erection of "stop" or "arrêt stop" signs

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)   Subject to section 79.1, 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; S.M. 2022, c. 46, s. 4.

How highway is closed

Prohibition

79.1(2)   A person must not

(a) drive a vehicle on the closed highway; or

(b) cause or permit a vehicle to be driven on the closed highway.

Exemptions — certain drivers

79.1(3)   Clause (2)(a) does not apply to

(a) the operator of an emergency vehicle;

(b) the operator of infrastructure equipment; or

(c) a person authorized by a peace officer to drive on the closed highway.

Exemption — cause or permit vehicle to be driven

79.1(4)   Clause (2)(b) does not apply to a person who causes or permits a vehicle to be driven on the closed highway by a person who is exempt under subsection (3).

Offence and penalty

79.1(5)   A person who contravenes subsection (2) is guilty of an offence and is liable on conviction,

(a) if the vehicle is not a regulated vehicle, to a fine of not more than $2,000 or imprisonment for a term not exceeding one year, or both; and

(b) if the vehicle is a regulated vehicle, to a fine of not more than $5,000 or imprisonment for a term not exceeding one year, or both.

Vicarious responsibility

79.1(6)   For the purpose of clause (2)(b), a person is deemed to have caused or permitted a vehicle to be driven on the closed highway if it is driven by someone who

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

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

No liability to person using closed highway

79.1(7)   A person using the closed highway does so at their own risk and has no right to compensation or damages against the minister, the government or the traffic authority of the highway or any of their officers, employees or agents for any injuries or damages sustained while using the highway.

Interpretation

79.1(8)   For the purpose of this section, the closing of a highway means the closing of the entire highway or a portion of the highway, as the case may be.

S.M. 2022, c. 46, s. 5.

PRESUMPTIONS

Presumption of proper erection of traffic control devices

TRAFFIC CONTROL DEVICES

Traffic control devices

(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

(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

No passing zones

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

TRAFFIC AUTHORITIES' JURISDICTION RE CONDITIONS OF USE OF HIGHWAYS

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

(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

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

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

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

(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

(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 His 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

S.M. 2004, c. 30, s. 9.

Municipal by-laws prohibiting standing, etc.

(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.

S.M. 2021, c. 5, s. 13.

DIVISION II
SPEED RESTRICTIONS

RESTRICTED SPEED AREAS

Designation of 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

(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

(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

(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

(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

(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.

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

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

S.M. 2018, c. 10, Sch. B, s. 30.

Regulations re minimum speed

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.

S.M. 2018, c. 10, Sch. B, s. 32.

Compliance with minimum speed requirement

(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.

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

(a) the driver of an emergency vehicle;

(b) a peace officer driving a vehicle; or

(b.1) the driver of any vehicle who is accompanied by a peace officer or is driving a vehicle that is escorted by a vehicle driven by a peace officer;

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; S.M. 2023, c. 9, s. 4.

Testing speedometers

SPEEDOMETER TESTING

Speedometer testers

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

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

(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

"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

(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

(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

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

(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

(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

(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

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(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

Driving over fire hoses

Certain exceptions for trolley buses

TURNING, STARTING, AND SIGNALS

Turning at intersections

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

(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

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

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

"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

(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

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

S.M. 1991-92, c. 24, s. 3.

Unauthorized use

(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

(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

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

S.M. 1991-92, c. 24, s. 3.

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

(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

(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

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

Right-of-way on left turn

Right-of-way after a required stop

(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

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

(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

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

"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

(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

(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

(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

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

Right-of-way of 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

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

(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

(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

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.

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

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

(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

(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

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

(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.

S.M. 1987-88, c. 44, s. 11.

Lamps and reflectors on bicycles and power-assisted bicycles

(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

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

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

(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.

DIVISION IV.1
SHARED STREETS

Designation of shared street

Purpose of shared street

152.1(2)   The purpose of a shared street is to provide a shared space with equal access to all of the following:

(a) pedestrians;

(b) persons riding bicycles or power-assisted bicycles or using recreational equipment;

(c) persons using motorized mobility aids;

(d) drivers of motor vehicles.

Designation may be permanent or temporary

152.1(3)   A shared street designation may be permanent or limited to specific times of the year, specific days of the month or week or specific hours of the day.

S.M. 2022, c. 18, s. 3.

Speed limit not to exceed 20 km/h

S.M. 2022, c. 18, s. 3.

Traffic control devices

Barricades

152.3(2)   A traffic authority that designates a shared street may erect barricades to limit or slow down motor vehicle traffic on the shared street.

S.M. 2022, c. 18, s. 3.

Rules for shared street

(a) pedestrians and drivers of motor vehicles, bicycles and motorized mobility aids have equal rights and equal priority;

(b) persons using the shared street must not hinder, delay or intimidate anyone using the shared street, regardless of each person's mode of transportation; and

(c) pedestrians are exempt from the requirement to use a sidewalk or to cross the street at a crosswalk.

Conflict

152.4(2)   If a rule for a shared street is inconsistent with another provision of this Act or the regulations, the rule for a shared street prevails.

S.M. 2022, c. 18, s. 3.

PART V
ACCIDENTS

Onus on 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