Pilot Project (Large Quadricycles) Regulation

Pilot Project (Large Quadricycles) Regulation, M.R. 36/2024 The Highway Traffic Act , C.C.S.M. c. H60 Regulation 36/2024 Registered May 24, 2024 bilingual version (HTML) Table of Contents Section 1 Pilot project established 2 Definitions 3 Prohibition 4 Weight and dimensions 5 Required equipment 6 Maintenance of quadricycle and equipment 7 Operation only where approved 8 Driving on bicycle facility prohibited 9 Driver's licence required 10 Application of Highway Traffic Act 11 Additional rules of the road 12 Securing loads, towing and pushing 13 Operation of lamps 14 Passengers must remain seated 15 Pedals, shelves and footrests must be within reach 16 No pedalling without driver 17 Helmets 18 Insurance 19 Reports to minister 20 Coming into force and revocation INTRODUCTORY PROVISIONS Pilot project established 1 The Large Quadricycle Pilot Project is hereby established by this regulation. Definitions 2(1) The following definitions apply in this regulation. "Act" means The Highway Traffic Act . (« Code ») "driver" means the person who drives a large quadricycle and who occupies the large quadricycle's driver's seat. (« conducteur ») "large quadricycle" means a device that (a) has four wheels; (b) is designed to carry 11 or more persons, including the driver; and (c) is capable of being propelled solely by human muscular power applied to pedals fitted to the device. (« grand quadricycle ») "passenger" means a person, other than a large quadricycle driver, who rides a large quadricycle, whether or not the person pedals the large quadricycle. (« passager ») 2(2) A large quadricycle is deemed to be a vehicle for the purposes of the Act and The Drivers and Vehicles Act . REQUIREMENTS FOR LARGE QUADRICYCLES Prohibition 3 A person must not drive a large quadricycle on a highway or permit a large quadricycle to be driven on a highway unless the large quadricycle complies with the requirements of sections 4 and 5. Weight and dimensions 4 A large quadricycle must have a weight that does not exceed 1,150 kg and must have dimensions that do not exceed the following: (a) a width of 2.3 m; (b) a length of 5.7 m; (c) a height of 2.9 m. Required equipment 5(1) A large quadricycle must be equipped with the following: 1. A single driver's seat from which the vehicle is steered and controlled. 2. A steering wheel or a handlebar for steering. 3. A minimum of 10 passenger seats, at least one of which is not equipped with pedals. 4. Pedals to provide propulsion power equipped on a minimum of eight passenger seats. 5. A footrest for each passenger seat that is not equipped with pedals. 6. A shelf or table area for passengers that can be reached from each passenger seat. 7. If it has a motor, an electric motor that is capable of propelling the large quadricycle at a speed of no more than 17 km/h on a level surface. 8. Wheels and tires mounted securely and as necessary to (a) permit the steering and brake systems to function properly; and (b) transfer propulsion power from the vehicle's drivetrain to the ground. 9. A brake system. 10. A rear view mirror. 11. A horn or bell with the control readily accessible to the driver. 12. Lamps as follows: (a) turn signal lamps; (b) headlamps; (c) tail lamps; (d) brake lamps; (e) hazard warning lamps. 13. A reflectorized warning device indicating that the large quadricycle is a slow moving vehicle, as required by subsection 178(1) of the Act. 5(2) A large quadricycle must not have a structure that fully encloses the occupant area. 5(3) A large quadricycle that has an electric motor of the type referred to in item 7 of subsection (1), and no other motor, is deemed not to be a motor vehicle for the purposes of the Act and The Drivers and Vehicles Act and, for certainty, the large quadricycle is not eligible to be registered and a person may drive it on a highway without a registration having been issued for it. Maintenance of quadricycle and equipment 6 The owner of a large quadricycle must ensure that the large quadricycle and the equipment set out in section 5 are in good working order at all times when the large quadricycle is driven on a highway. OPERATION ON HIGHWAYS Operation only where approved 7(1) A person must not drive a large quadricycle on a highway or permit a large quadricycle to be driven on a highway unless (a) the traffic authority responsible for the highway has made a rule or by-law under subsection 90(1) of the Act allowing large quadricycles to be driven on the highway; and (b) the speed limit for the highway is 60 km/h or less. 7(2) Despite clause (1)⁠(b), a large quadricycle may be driven across a highway for which the speed limit is greater than 60 km/h if the crossing is made at an intersection. 7(3) A traffic authority must notify the minister after adopting, amending or repealing a rule or by-law referred to in clause (1)⁠(a). 7(4) Subsection 90(5) of the Act does not apply to a rule or by-law referred to in clause (1)⁠(a). Driving on bicycle facility prohibited 8 A person must not drive a large quadricycle on a bicycle facility or permit a large quadricycle to be driven on a bicycle facility. RULES FOR DRIVING LARGE QUADRICYCLES Driver's licence required 9 A person must not drive a large quadricycle unless the person holds a class 5F licence under the Driver Licensing Regulation , Manitoba Regulation 47/2006, or any other driver's licence or permit which authorizes the person to drive, without restriction, all of the types of vehicles the holder of a class 5F licence is authorized to drive. Application of Highway Traffic Act 10(1) The provisions of the Act and the regulations, including the rules of the road, apply to a large quadricycle and to a driver, a passenger and the owner as if the large quadricycle was a vehicle. 10(2) A person who contravenes any of the applicable provisions of the Act or a regulation is deemed to have committed an offence under that provision. Additional rules of the road 11 On a highway, the driver of a large quadricycle (a) must, as required by subsection 109(2) of the Act, drive the large quadricycle in the right-hand lane or as close as practicable to the right-hand kerb or edge of the roadway except when preparing for a left-hand turn; (b) must not tow another vehicle or device; (c) must not carry more passengers than the number of passenger seats; and (d) must not transport any object that is likely to interfere with the driver's line of vision or ability to control the large quadricycle. Securing loads, towing and pushing 12 Sections 61, 63 and 64 of the Act apply to a large quadricycle, with necessary changes, and in those provisions a reference to a motor vehicle must be read as a reference to a large quadricycle. Operation of lamps 13 The driver of a large quadricycle must ensure that a large quadricycle's headlamps and tail lamps are lighted when the large quadricycle is on a highway (a) during the period that starts one-half hour before sunset and ends one-half hour after sunrise; and (b) at any other time when visibility is reduced to 150 m or less. PASSENGERS Passengers must remain seated 14(1) A passenger of a large quadricycle must occupy a passenger seat and remain seated at all times while the large quadricycle is in motion. 14(2) The driver of a large quadricycle must not permit a passenger to ride the large quadricycle on a highway unless the passenger complies with subsection (1). Pedals, shelves and footrests must be within reach 15(1) The driver of a large quadricycle must not permit a passenger to ride the large quadricycle on a highway unless the passenger, while occupying a passenger seat equipped with pedals, is able to (a) place their feet on the pedals for that passenger seat; and (b) reach and rest their hands on the large quadricycle's shelf or table area. 15(2) The driver must not permit a passenger to ride on the large quadricycle on a highway unless the passenger, while occupying a passenger seat that is not equipped with pedals, is able to (a) place their feet on the footrest for that passenger seat; and (b) reach and rest their hands on the large quadricycle's shelf or table area. No pedalling without driver 16 A passenger of a large quadricycle must not pedal a large quadricycle unless the driver is sitting in the driver's seat. Helmets 17(1) A passenger of a large quadricycle who is younger than 18 years of age must wear a properly fitted and fastened protective helmet that complies with the requirements for bicycle helmets set out in section 2 of the Bicycle Helmets Regulation , Manitoba Regulation 39/2013. 17(2) A child's parent or guardian must not allow the child to be a passenger of a large quadricycle unless the parent or guardian ensures the child complies with subsection (1). 17(3) A driver must not permit a passenger who is younger than 18 years of age to ride a large quadricycle on a highway unless the passenger complies with subsection (1). 17(4) This section does not apply to a person if wearing a protective helmet is contrary to a bona fide obligation of the religious faith to which the person required to wear a helmet subscribes. INSURANCE Insurance 18(1) A person who engages in the business of providing large quadricycle tours or renting large quadricycles to members of the public must carry a minimum of $5 million in general liability insurance. 18(2) For certainty, a large quadricycle is not eligible for insurance or required to be insured under The Manitoba Public Insurance Corporation Act . ANNUAL REPORTS Reports to minister 19(1) A traffic authority that makes a rule or by-law allowing large quadricycles to be driven on a highway must, every 12 months, prepare a report which must include information about (a) the safety of the use of large quadricycles in the traffic authority's jurisdiction, including information about accidents and injuries involving large quadricycles; (b) compliance with and enforcement of this regulation and the traffic authority's rules or by-laws relating to large quadricycles; and (c) any aspect of the use of large quadricycles within the traffic authority's jurisdiction as specified by the minister. 19(2) A report referred to in subsection (1) must be provided to the minister within 180 days after the end of each 12-month period after the date the rule or by-law permitting the use of large quadricycles comes into effect. COMING INTO FORCE AND REVOCATION Coming into force and revocation 20 This regulation comes into force on July 31, 2024, and is revoked on January 31, 2029.