Regulated Vehicles and Motor Carriers Regulation

Regulated Vehicles and Motor Carriers Regulation, M.R. 132/2024 The Highway Traffic Act , C.C.S.M. c. H60 Regulation 132/2024 Registered December 13, 2024 bilingual version (HTML) Table of Contents Section PART 1 INTERPRETATION 1 Interpretation PART 2 SAFETY FITNESS RATINGS AND CERTIFICATES 2 Related motor carriers 3 Extra-provincial motor carriers 4 Application for safety fitness certificate 4.1 Assigning safety fitness rating 5 Renewal of safety fitness certificate 6 Expiry of safety fitness certificate 7 Insurance requirements 8 Compliance officers PART 3 MOTOR CARRIER IDENTIFICATION AND RECORDS RETENTION 9 Identification of motor carrier 10 Period for which certain motor carrier records must be kept PART 4 EXEMPTIONS FOR CERTAIN USES AND TYPES OF REGULATED VEHICLES 11 Exemptions for certain regulated vehicles 12 Designation of limited-use regulated vehicles 13 Exemption by registrar — motor carrier identification PART 5 GENERAL PROVISIONS 14 Repeal 15 Coming into force PART 1 INTERPRETATION Definitions 1(1) The following definitions apply in this regulation. "Act" means The Highway Traffic Act . («  Code  ») "approved safety and compliance course" means a safety and compliance course approved by the minister. (« cours de sécurité et d'observation approuvé ») "close relative" means (a) a spouse or common-law partner; (b) a child or a child of the person's spouse or common-law partner; (c) a parent or a spouse or common-law partner of the parent; or (d) a sibling or a spouse or common-law partner of the sibling. (« proche parent ») "compliance officer" means an individual designated by a motor carrier as their compliance officer in accordance with subsection 318.5(1) of the Act. (« agent d'observation ») "dangerous goods" means dangerous goods as defined in the Transportation of Dangerous Goods Act, 1992 (Canada). (« marchandises dangereuses ») "director" means a director as defined in section 312.1 of the Act. (« directeur ») "emergency response assistance plan" means an emergency response assistance plan as defined in the Transportation of Dangerous Goods Regulations , SOR/2001-286. (« plan d'intervention d'urgence ») "limited-use regulated vehicle" means a regulated vehicle, other than a bus, that is designated as a limited-use regulated vehicle under section 12. (« véhicule réglementé à usage restreint ») "property of others" , in relation to a motor carrier's insurance requirements, does not include property being carried by a vehicle operated by the motor carrier. (« propriété d'autrui ») "transit bus" means a bus that is operated in a public transportation system owned or operated on behalf of (a) a municipality; or (b) a community as defined in The Northern Affairs Act . (« autobus de transport en commun ») Non-application 1(2) Section 312.2 of the Act and Part 2 of this regulation do not apply in respect of a regulated vehicle that is (a) a vehicle used solely for personal transportation; (b) a farm truck registered in the farm trucks registration category under the Vehicle Registration Regulation , Manitoba Regulation 57/2006; or (c) a trailer. M.R. 133/2025 PART 2 SAFETY FITNESS RATINGS AND CERTIFICATES Related motor carriers 2 In this Part, a motor carrier applying for a safety fitness certificate is considered to be related to another motor carrier if (a) the applicant or one of the applicant's officers or directors is a close relative of the other motor carrier or an officer or director of the other motor carrier; (b) the applicant directly or indirectly (i) controls the other motor carrier, (ii) is controlled by the other motor carrier, or (iii) is under common control with the other motor carrier; (c) the applicant, in the 12-month period preceding the date the application is submitted, directly or indirectly (i) controlled the other motor carrier, (ii) was controlled by the other motor carrier, or (iii) was under common control with the other motor carrier; (d) 50% or more of the applicant's drivers are, or were in the 12-month period preceding the date the application is submitted, drivers for the other motor carrier; (e) 50% or more of the regulated vehicles to be operated under the applicant's safety fitness certificate were, in the 12-month period preceding the date the application is submitted, operated by the other motor carrier; (f) one or more of the applicant's directors or officers is, or was in the 12-month period preceding the date the application is submitted, a director or officer of the other motor carrier; (g) the applicant is, or was in the 12-month period preceding the date the application is submitted, carrying on business in partnership with the other motor carrier; or (h) the applicant is, or was in the 12-month period preceding the date the application is submitted, carrying on business in partnership with a third party who is, or was in the 12-month period preceding the date the application is submitted, carrying on business in partnership with the other motor carrier. M.R. 133/2025 Extra-provincial motor carrier exemption 3(1) A motor carrier is exempt from the requirement to hold a safety fitness certificate under section 312.2 of the Act in respect of a regulated vehicle registered in another Canadian jurisdiction if the motor carrier holds a safety fitness certificate or equivalent documentation issued by another Canadian jurisdiction in respect of the vehicle. Requirement for driver of exempt motor carrier 3(2) The driver of a regulated vehicle of a motor carrier who is exempt from the requirement to hold a safety fitness certificate under subsection (1) must carry a copy of the safety fitness certificate or equivalent documentation issued by the other jurisdiction and must produce the copy at the demand of a peace officer. M.R. 133/2025 Application for safety fitness certificate 4 A motor carrier who applies to a director for a safety fitness certificate under subsection 312.2(3) of the Act must apply in the form approved by the director and must include the following with their application: (a) an undertaking that the motor carrier will comply with each law relating to highway safety in each jurisdiction in which it operates or proposes to operate a regulated vehicle; (b) proof that the motor carrier has or has been approved for the minimum liability insurance coverage required by section 7 for each regulated vehicle to be operated under the safety fitness certificate; (c) a list of the regulated vehicles to be operated under the safety fitness certificate; (d) proof that the motor carrier has designated a compliance officer who meets the requirements of this regulation; (e) a written safety plan in a form approved by the director and signed by the compliance officer; (f) information about and documentation relating to any action taken in the 24-month period preceding the date the application is submitted with respect to (i) a safety fitness certificate or equivalent documentation issued to the motor carrier or a related motor carrier by another Canadian jurisdiction, including any cancellation, revocation or suspension and any reduction in the motor carrier's or related motor carrier's safety fitness rating, and (ii) a motor carrier operating authority issued to the motor carrier or a related motor carrier by the Federal Motor Carrier Safety Administration in the United States, including any cancellation, revocation or suspension and any reduction in the motor carrier's or related motor carrier's safety fitness rating; (g) any information required by the form and any additional information the director requires at any time; (h) the fee, if any, prescribed in the Charges for Licences, Registrations, Permits and Other Services Regulation , Manitoba Regulation 42/2006. M.R. 133/2025 Assigning safety fitness rating 4.1 The director may assign a safety fitness rating of "satisfactory", "satisfactory — unaudited", "conditional" or "unsatisfactory" to a motor carrier who applies for a safety fitness certificate. M.R. 133/2025 Renewal of safety fitness certificate 5 A motor carrier who applies to a director for the renewal of a safety fitness certificate under subsection 312.2(3) of the Act must apply in the form approved by the director and must provide the following with their application: (a) proof that the motor carrier has or has been approved for the minimum liability insurance coverage required by section 7 for each regulated vehicle to be operated under the safety fitness certificate; (b) a list of the regulated vehicles to be operated under the safety fitness certificate; (c) any information required by the form and any additional information the director requires at any time; (d) the renewal fee, if any, prescribed in the Charges for Licences, Registrations, Permits and Other Services Regulation . M.R. 133/2025 Expiry of safety fitness certificate 6 Unless it is renewed, a safety fitness certificate expires on the last day of the motor carrier's registration period under The Drivers and Vehicles Act . M.R. 133/2025 Insurance requirements 7(1) A motor carrier must have and maintain at all times a policy of insurance from an insurer authorized to carry on business in Manitoba covering legal liability of the motor carrier for bodily injury to or the death of any person, or for the loss of or damage to the property of others, in the following minimum amounts: (a) $2,000,000 for each regulated vehicle that is used for the transportation of dangerous goods of a kind and in a quantity that requires an emergency response assistance plan under the Transportation of Dangerous Goods Regulations , SOR/2001-286; (b) $2,000,000 for each bus used to transport passengers for compensation; (c) $1,000,000 for each motor vehicle, other than a motor vehicle described in clause (a) or (b), that is (i) a regulated vehicle used to transport cargo for compensation, (ii) a regulated vehicle not used to transport cargo for compensation but operated outside Manitoba at any time, or (iii) a limited-use regulated vehicle operated outside Manitoba at any time. Insurer must agree to give director notice 7(2) Each policy of insurance required under subsection (1) must contain an endorsement under which the insurer agrees to give at least 15 days' written notice to a director of (a) the upcoming non-renewal or proposed cancellation of the policy; or (b) an upcoming change in the policy that may result in the policy no longer providing the minimum coverage required by subsection (1). Motor carrier to notify director 7(3) The motor carrier must, without delay, notify a director if (a) a policy of insurance required by subsection (1) is cancelled, not renewed, or changed so that the policy no longer provides the coverage required by subsection (1); or (b) the motor carrier is aware that any of the things listed in clause (a) are likely to happen. M.R. 133/2025 Requirements — designated compliance officer 8(1) A motor carrier who applies for or who holds a safety fitness certificate under section 312.2 of the Act must ensure that their compliance officer (a) is the motor carrier, the motor carrier's employee or the motor carrier's corporate officer with management responsibility; and (b) has successfully completed an approved safety and compliance course not earlier than 180 days before being designated as the motor carrier's compliance officer. Further training required 8(2) When a motor carrier's safety fitness rating is changed by a director to a lower rating, the motor carrier must ensure that their compliance officer successfully completes an approved safety and compliance course within 180 days after the motor carrier is notified of the change or within any longer period allowed by the director. Transitional — continuing compliance officers 8(3) If a motor carrier's compliance officer was their designated compliance officer on December 15, 2022, and continues to be their designated compliance officer, the motor carrier is not required to comply with clause (1)⁠(b) until they designate a different individual as their compliance officer. Transitional — motor carrier with "conditional" or "unsatisfactory" rating 8(4) A motor carrier who has a "conditional" or "unsatisfactory" safety fitness rating on December 15, 2022, must (a) ensure that their compliance officer successfully completes an approved safety and compliance course within 180 days after this section comes into force or within any longer period allowed by a director; or (b) demonstrate that their compliance officer successfully completed an approved safety and compliance course within 180 days before this section came into force. M.R. 133/2025 PART 3 MOTOR CARRIER IDENTIFICATION AND RECORDS RETENTION Identification of motor carrier 9(1) A motor carrier must ensure that the following are displayed in a conspicuous place on each regulated vehicle it operates: (a) the motor carrier's name or a distinctive mark or graphic that readily identifies the motor carrier; (b) the motor carrier's National Safety Code number issued in accordance with the Motor Carrier Safety Fitness Certificate Regulations , SOR/2005-180. Requirements for letters and figures 9(2) Each letter and figure used to display the motor carrier's name and National Safety Code number under subsection (1) must (a) be at least 5 cm tall; and (b) contrast with the background on which it is displayed and be easily legible. M.R. 40/2025 ; 133/2025 Period for which certain motor carrier records must be kept 10(1) A motor carrier must keep (a) a driver's disclosure referred to in clause 318.8(1)⁠(a) of the Act for at least two years after receiving the submission; (b) the written designation referred to in clause 318.8(1)⁠(d) of the Act while the designation is in effect; (c) a driving record referred to in clause 318.8(1)⁠(e) of the Act and the record of the motor carrier's review of the driving record referred to in clause 318.6(4)⁠(b) of the Act for at least two years after obtaining the driving record; and (d) a record of actions taken referred to in clause 318.8(1)⁠(f) of the Act for at least two years after making the record. Period for which inspection records must be kept 10(2) For a period of at least two years after the date of an inspection of a regulated vehicle that they operate, the motor carrier must keep a copy of the inspection report stating the results of the inspection. This subsection does not apply to inspections under the Periodic Mandatory Vehicle Inspection Regulation , Manitoba Regulation 76/94, or the Commercial Vehicle Trip Inspection Regulation , Manitoba Regulation 95/2008. M.R. 133/2025 PART 4 EXEMPTIONS FOR CERTAIN USES AND TYPES OF REGULATED VEHICLES Exemptions for regulated vehicles used solely for personal transportation 11(1) The following provisions of the Act do not apply in respect of a regulated vehicle used solely for personal transportation: (a) subsection 312.3(1); (b) section 314; (c) subsection 318.1(3); (d) sections 318.3 and 318.5 to 318.10; (e) subsections 322.1(3) to (3.2) and (5) to (12). Exemptions for limited-use regulated vehicles 11(2) The following provisions of the Act do not apply in respect of a regulated vehicle that is a limited-use regulated vehicle with a registered gross weight of 6,800 kg or less and that is not operated outside Manitoba: (a) subsection 312.3(1); (b) section 314; (c) subsection 318.1(3); (d) sections 318.3 and 318.5 to 318.10; (e) subsections 322.1(3) to (3.2) and (5) to (12). Exemptions for farm trucks 11(3) The following provisions of the Act do not apply in respect of a regulated vehicle that is a farm truck registered in the farm trucks registration category under the Vehicle Registration Regulation : (a) section 314; (b) subsection 318.1(3); (c) sections 318.3 and 318.5 to 318.10; (d) subsections 322.1(3) to (3.2) and (5) to (12). Exemptions for emergency vehicles 11(4) The following provisions of the Act do not apply in respect of a regulated vehicle that is an emergency vehicle: (a) section 318.3; (b) subsections 322.1(3) to (3.2) and (5) to (12). Exemption for transit buses 11(5) Section 318.3 of the Act does not apply in respect of a regulated vehicle that is a transit bus. Designation of limited-use regulated vehicles 12(1) For the purposes of the Act and the regulations, a regulated vehicle is designated as a limited-use regulated vehicle if it (a) is operated within (i) 30 km from the place of business of the vehicle's registered owner if the place of business is outside an urban municipality, (ii) 30 km from the urban municipality in which the place of business of the vehicle's registered owner is located if the place of business is in an urban municipality other than Winnipeg, or (iii) 20 km from Winnipeg if the place of business of the vehicle's registered owner is in Winnipeg; (b) is engaged in transporting any of the types of cargo described in subsection (2) and the cargo is being transported for the purpose of or in accordance with the applicable clause listing the type of cargo; (c) is operated, other than for gain or compensation, by or on behalf of (i) a public body as defined in subsection 1(1) of The Freedom of Information and Protection of Privacy Act , (ii) the government of Canada or an agency of the government of Canada, or (iii) a band as defined in the Indian Act (Canada); or (d) meets all of the following criteria: (i) it has a permanently mounted apparatus the use of which is not related to transporting cargo on the vehicle, (ii) it does not transport property other than equipment and tools required for the use of the apparatus, (iii) it does not transport persons other than its driver and persons required for the use of the apparatus, (iv) its operation on a highway is incidental to the use of the apparatus. List of cargo and circumstances 12(2) For the purpose of clause (1)⁠(b), the list of cargo and the circumstances of its transportation are as follows: (a) grain, bait, machinery, spraying appliances or other articles to be used in grasshopper poisoning or noxious weed control, in conjunction with a municipal or government control program; (b) grain cleaners; (c) dead animals, animal and fish offal or poultry feathers to a rendering plant; (d) livestock to and from an agricultural exhibition or a fair; (e) farmers' grain to market or to a mill for gristing and flour, chop or feed returning to the farmer from such a mill; (f) seed grain, grass seed, sunflower seed or vegetable seed to farmers; (g) hay and straw for farm use; (h) sugar beets, fruits or vegetables in their primary movement to a processing plant; (i) livestock from farms to a shipping point or auction mart if both the pick up and delivery are made within a radius of 24 km from the place of business of the owner of the vehicle; (j) pregnant mares' urine; (k) motor vehicles, to a maximum of three motor vehicles transported at any one time if one or more of the following conditions apply in respect of the motor vehicles transported: (i) the motor vehicle is disabled by mechanical malfunction or an accident, (ii) the motor vehicle is in the lawful possession of a person who is not authorized by law to operate it, (iii) the motor vehicle is transported under the direction of a peace officer or a person effecting a lawful seizure of the motor vehicle, (iv) the motor vehicle is a replacement for a vehicle referred to in subclause (i), (ii) or (iii); (l) tools and equipment owned and used by repair workers or companies in connection with repairing tramways, electric lines, signal or telecommunication installations, pipelines, boilers, boring machinery, farm implements, threshing machinery, grain elevators or manufacturing plants; (m) well drilling machinery and equipment owned and used for the purpose of drilling water wells by the owner of the vehicle; (n) petroleum products from local agencies to consumers only, and within a radius of 24 km from the place of business of the owner of the vehicle; (o) permanently mounted feed mills to farmers' premises for use on the premises; (p) a fisher's own fish by the fisher when the carrying capacity of the vehicle does not exceed 450 kg; (q) general merchandise (i) entirely within the boundaries of an urban municipality, (ii) within a radius of 24 km from the urban municipality from which the cargo is shipped, if the transport is a single isolated trip and not on a regular route, (iii) between the City of Winnipeg and the Rural Municipality of Headingley, (iv) within a radius of 24 km from an urban municipality located north of the 53rd parallel, or (v) on highways in the province that are not connected to the Manitoba Highway System and are not designated as or capable of being operated as all-weather permanent roads; (r) primary forest products, particularly rough lumber, logs, pulpwood, cordwood, poles, ties, shavings and Christmas trees from the forest to market with no processing to take place during the movement; (s) non-metallic minerals in bulk, excluding fuels; (t) natural or manufactured ice for fishery purposes; (u) sod; (v) sewage, sludge, waste oil, liquid waste of all kinds, garbage to a landfill or recyclable materials under the auspices of a publicly administered recycling program; (w) material used for cleaning and chlorinating wells or any other material transported in the course of septic tank and related services; (x) mail, as defined in the Canada Post Corporation Act , under a contract with the Canada Post Corporation; (y) daily newspapers; (z) machinery and equipment to be used for the purpose of excavating farm water dugouts by the owner of the vehicle; (aa) wood chips and hog fuel; (bb) gravel, sand or other material for use in highway construction or maintenance. Exemption by registrar — motor carrier identification 13(1) By permit with or without conditions, the registrar may exempt any regulated vehicle or class of regulated vehicles from section 314 of the Act (identification of motor carriers). Owner must provide information 13(2) The owner of a regulated vehicle who wishes to obtain a permit under subsection (1) must (a) apply to the registrar in the manner the registrar requires; and (b) provide the registrar with the information that the registrar requires to be satisfied that the permit should be issued. Registrar may issue permit 13(3) The registrar may issue a permit under this section if the registrar is satisfied that it is not in the public interest to refuse to issue it. M.R. 133/2025 PART 5 GENERAL PROVISIONS Repeal 14 The Safety Fitness Criteria and Certificates Regulation , Manitoba Regulation 93/2015, is repealed. Coming into force 15(1) This regulation, except clause 9(1)⁠(b), comes into force on the same day that The Highway Traffic Amendment Act , S.M. 2023, c. 17, comes into force. Coming into force of clause 9(1)⁠(b) 15(2) Clause 9(1)⁠(b) comes into force on August 1, 2025. M.R. 40/2025