Driver's Licence Regulation

Driver's Licence Regulation, M.R. 180/2000 The Highway Traffic Act , C.C.S.M. c. H60 Regulation 180/2000 Registered December 22, 2000 bilingual version (HTML) Table of Contents Section 1 Definitions and interpretation 1.1-7 Repealed 8 Renumbered 9 Renumbered REQUIREMENTS FOR NOVICE DRIVERS, SUPERVISING DRIVERS AND CERTAIN OTHER DRIVERS 10 Repealed 10.1 Interpretation — unable to pass drug-screening test 11 Supervising drivers — restriction on alcohol and drugs 11.1 Zero BAC level requirement and drug restriction: class 5A and 6A licences 11.2 Zero BAC level requirement and drug restriction: certain subclass F licences 11.3 Zero BAC level requirement and drug restriction: certain other drivers 11.4 Registrar's determination for certain drivers after 24-hour licence suspension 12 Provincially-approved screening devices 13 Peace officer's demand for sample 14 Requirement for driver to provide sample 15 Requirement for supervising driver to provide sample 15.1 Operation of machinery under certain licences 16-17 Repealed 18 Repeal Definitions and interpretation 1(1) In this regulation, "Act" means The Highway Traffic Act ; («  Code  ») "bus" means a motor vehicle which (a) is designed, constructed or modified for the principal purpose of carrying passengers, (b) has a seating capacity of 11 or more persons, including the driver, and (c) is used as a school bus, or for any purpose other than personal transportation by the owner or with the owner's permission; (« autobus ») "class 1 vehicle" means class 1 vehicle as defined in section 1 of the Driver Licensing Regulation , made under The Drivers and Vehicles Act ; (« véhicule de classe 1 ») "class 2 vehicle" means class 2 vehicle as defined in section 1 of the Driver Licensing Regulation ; (« véhicule de classe 2 ») "class 3 vehicle" means class 3 vehicle as defined in section 1 of the Driver Licensing Regulation ; (« véhicule de classe 3 ») "class 4 vehicle" means class 4 vehicle as defined in section 1 of the Driver Licensing Regulation ; (« véhicule de classe 4 ») "class 5 vehicle" means class 5 vehicle as defined in section 1 of the Driver Licensing Regulation ; (« véhicule de classe 5 ») "class 6 vehicle" means class 6 vehicle as defined in section 1 of the Driver Licensing Regulation ; (« véhicule de classe 6 ») "novice driver" means novice driver as defined in section 2 of the Driver Licensing Regulation ; (« conducteur débutant ») "screening threshold" has the same meaning as in section 26.0.1 of the Act. (« seuil de détection ») "supervising driver" means supervising driver as defined in section 2 of the Driver Licensing Regulation ; (« conducteur surveillant ») 1(1.1) In this regulation, the following terms have the same meaning as they have in section 320.11 of the Criminal Code : (a) "approved drug screening equipment"; (b) "approved instrument"; (c) "approved screening device". M.R. 183/2018 1(2) In this regulation, a reference to a subclass of driver's licence or a licence stage is reference to a subclass or stage prescribed in section 3 of the Driver Licensing Regulation . M.R. 50/2002 ; ; 233/2002 ; 48/2006 ; 109/2018 ; 183/2018 1.1 [Repealed] M.R. 140/2001 ; 233/2002 ; 48/2006 1.2 to 1.9 [Repealed] M.R. 233/2002 ; 48/2006 2 [Repealed] M.R. 50/2002 ; 233/2002 3 [Repealed] M.R. 140/2001 ; 233/2002 ; 48/2006 4 [Repealed] M.R. 233/2002 ; 48/2006 5 [Repealed] M.R. 143/2004 ; 48/2006 6 and 7 [Repealed] M.R. 48/2006 8 Renumbered as section 17. M.R. 140/2001 ; 151/2003 9 Renumbered as section 18. M.R. 140/2001 ; 151/2003 REQUIREMENTS FOR NOVICE DRIVERS, SUPERVISING DRIVERS AND CERTAIN OTHER DRIVERS 10 [Repealed] M.R. 140/2001 ; 233/2002 ; 48/2006 Interpretation — unable to pass drug-screening test 10.1 For the purposes of sections 11 to 11.4, a person is considered to be unable to pass a drug-screening test if, 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. M.R. 109/2018 Supervising drivers — restriction on alcohol and drugs 11 A person must not act as a supervising driver if (a) the concentration of alcohol in their blood is 50 mg or more of alcohol in 100 ml of blood; or (b) the person is unable to pass a drug-screening test. M.R. 140/2001 ; 109/2018 Zero BAC level requirement and drug restriction: class 5A and 6A licences 11.1(1) [Repealed] M.R. 235/2006 11.1(2) No person who holds a class 5A licence shall, while he or she has any alcohol in his or her blood or is unable to pass a drug-screening test, operate or have care or control of (a) a class 1 to 5 vehicle; (b) a class 6 vehicle or off-road vehicle; or (c) agricultural equipment or infrastructure equipment. 11.1(3) Clause (2)⁠(b) does not apply to a person who also holds a class 6F licence and, (a) if he or she first held it on or before December 15, 2006, who has held it for at least one year since he or she completed the requirements of the intermediate licence stage or progressed to the class 6F licence from a class 6A licence; or (b) if he or she first held it on or after December 16, 2006, who has held it for at least three years since he or she completed the requirements of the intermediate licence stage or progressed to the class 6F licence from a class 6A licence. 11.1(3.1) Clause (2)⁠(b) does not apply to a person who also holds a class 6F licence and before holding it was not a novice driver. 11.1(4) No person who holds a class 6A licence shall, while he or she has any alcohol in his or her blood or is unable to pass a drug-screening test, operate or have care or control of (a) a motorcycle; (b) a class 1 to 5 vehicle, moped or off-road vehicle; or (c) agricultural equipment or infrastructure equipment. 11.1(5) Clauses (4)⁠(b) and (c) do not apply to a person who also holds a subclass F licence of class 1 to 5 and, (a) if he or she first held it on or before December 15, 2006, who has held it for at least one year since he or she completed the requirements of the intermediate licence stage or progressed to the subclass F licence from a subclass A licence; or (b) if he or she first held it on or after December 16, 2006, who has held it for at least three years since he or she completed the requirements of the intermediate licence stage or progressed to the subclass F licence from a subclass A licence. 11.1(6) Clauses (4)⁠(b) and (c) do not apply to a person who also holds a subclass F licence of class 1 to 5 and before holding the subclass F licence was not a novice driver. M.R. 233/2002 ; 151/2003 ; 235/2006 ; 215/2009 ; 109/2018 ; 21/2019 Zero BAC level requirement and drug restriction: certain subclass F licences 11.2(1) In this section, "designated out-of-province licence" means a driver's licence issued by a jurisdiction outside of Manitoba that (a) the registrar considers to be equivalent to a subclass F licence of a particular class; and (b) if the licence had been issued in Manitoba, would, at the relevant time, have required the holder not to have any alcohol in his or her blood or to be able to pass a drug-screening test when operating a vehicle under the licence. 11.2(2) A person who holds a subclass F licence of class 1 to 5 shall not, while he or she has any alcohol in his or her blood or is unable to pass a drug-screening test, operate or have care or control of a class 1 to 6 vehicle, off-road vehicle, agricultural equipment or infrastructure equipment, if he or she (a) completed the requirements of the intermediate licence stage or first progressed from a subclass A licence to a subclass F licence of class 1 to 5 on or before December 15, 2006, and has not held such a subclass F licence for at least one year since he or she completed the requirements or progressed; or (b) completed the requirements of the intermediate licence stage or first progressed from a subclass A licence to a subclass F licence of class 1 to 5 on or after December 16, 2006, and has not held such a subclass F licence for at least three years since he or she completed the requirements or progressed. 11.2(3) Subsection (2) does not apply to a person who, before holding the subclass A licence, (a) held a class 1F, 2F, 3F, 4F or 5F licence and before holding it was not a novice driver; or (b) held a licence issued by a jurisdiction outside Manitoba that the registrar considers to be equivalent to a class 1F, 2F, 3F, 4F or 5F licence and whose licence status before he or she held the equivalent licence the registrar considers was not equivalent to the status of a novice driver. 11.2(4) A person who holds a subclass F licence of class 1 to 5 shall not, while he or she has any alcohol in his or her blood or is unable to pass a drug-screening test, operate or have care or control of a class 1 to 6 vehicle, off-road vehicle, agricultural equipment or infrastructure equipment, if he or she (a) first received a subclass F licence of class 1 to 5 on or before December 15, 2006, after having held a designated out-of-province licence equivalent to class 1 to 5 and has not held the succession of licences for at least one year; or (b) first received a subclass F licence of class 1 to 5 on or after December 16, 2006, after having held a designated out-of-province licence equivalent to class 1 to 5 and has not held the succession of licences for at least three years. 11.2(5) Clauses (2)⁠(a) and (4)⁠(a) do not apply to the operation or care and control of a class 6 vehicle or off-road vehicle by a person who also holds a class 6F licence and (a) before holding it was not a novice driver; or (b) if he or she first held it on or before December 15, 2006, has held it for at least one year since he or she completed the requirements of the intermediate licence stage or progressed to the class 6F licence from a class 6A licence. 11.2(5.1) Clauses (2)⁠(b) and (4)⁠(b) do not apply to the operation or care and control of a class 6 vehicle or off-road vehicle by a person who also holds a class 6F licence and (a) before holding it was not a novice driver; or (b) if he or she first held it on or after December 16, 2006, has held it for at least three years since he or she completed the requirements of the intermediate licence stage or progressed to the class 6F licence from a class 6A licence. 11.2(6) A person who holds a class 6F licence shall not, while he or she has any alcohol in his or her blood or is unable to pass a drug-screening test, operate or have care or control of a class 1 to 6 vehicle, off-road vehicle, agricultural equipment or infrastructure equipment, if he or she (a) completed the requirements of the intermediate licence stage or first progressed from a class 6A licence to a class 6F licence on or before December 15, 2006, and has not held such a class 6F licence for at least one year since he or she completed the requirements or progressed; or (b) completed the requirements of the intermediate licence stage or first progressed from a class 6A licence to a class 6F licence on or after December 16, 2006, and has not held such a class 6F licence for at least three years since he or she completed the requirements or progressed. 11.2(7) Subsection (6) does not apply to a person who (a) before holding the class 6A licence held a class 6F licence and before holding the class 6F licence was not a novice driver; or (b) held a licence issued by a jurisdiction outside Manitoba that the registrar considers to be equivalent to a class 6F licence and whose licence status before he or she held the equivalent licence the registrar considers was not equivalent to the status of a novice driver. 11.2(8) A person who holds a class 6F licence shall not, while he or she has any alcohol in his or her blood or is unable to pass a drug-screening test, operate or have care or control of a class 1 to 6 vehicle, off-road vehicle, agricultural equipment or infrastructure equipment, if he or she (a) first received a class 6F licence on or before December 15, 2006, after having held a designated out-of-province licence equivalent to class 6 and has not held the succession of licences for at least one year; or (b) first received a class 6F licence on or after December 16, 2006, after having held a designated out-of-province licence equivalent to class 6 and has not held the succession of licences for at least three years. 11.2(9) Clauses (6)⁠(a) and (8)⁠(a) do not apply to the operation or care and control of a class 1 to 5 vehicle, moped, off-road vehicle, agricultural equipment or infrastructure equipment by a person who also holds a subclass F licence of class 1 to 5 and (a) before holding the subclass F licence of class 1 to 5 was not a novice driver; or (b) if he or she first held the subclass F licence of class 1 to 5 on or before December 15, 2006, has held it for at least one year since he or she completed the requirements of the intermediate licence stage or progressed to a subclass F licence from a subclass A licence. 11.2(9.1) Clauses (6)⁠(b) and (8)⁠(b) do not apply to the operation or care and control of a class 1 to 5 vehicle, moped, off-road vehicle, agricultural equipment or infrastructure equipment by a person who also holds a subclass F licence of class 1 to 5 and (a) before holding the subclass F licence of class 1 to 5 was not a novice driver; or (b) if he or she first held the subclass F licence of class 1 to 5 on or after December 16, 2006, has held it for at least three years since he or she completed the requirements of the intermediate licence stage or progressed to a subclass F licence from a subclass A licence. M.R. 233/2002 ; 151/2003 ; 235/2006 ; 109/2018 ; 21/2019 Zero BAC level requirement and drug restriction: certain other drivers 11.3(1) A person who operates a vehicle under a class 1A, 2A, 3A or 4A licence shall not have any alcohol in his or her blood or be unable to pass a drug-screening test if he or she holds a class 5 or higher licence that requires him or her not to have any alcohol in his or her blood or to be able to pass a drug-screening test when driving a vehicle under the class 5 or higher licence. 11.3(2) A person who does not hold a licence and operates a vehicle shall not have any alcohol in his or her blood or be unable to pass a drug-screening test. M.R. 233/2002 ; 109/2018 Registrar's determination for certain drivers after 24-hour licence suspension 11.4 The registrar must make a determination under clause 273(1.1)⁠(b) of the Act if, at the time the driver's licence of a person is suspended under subsection 265(5) of the Act as a result of a request made under subsection 265(2.1) of the Act, the person is prohibited under any of sections 11.1, 11.2 or 11.3 from having alcohol in his or her blood or from being unable to pass a drug-screening test while operating the vehicle the operation of which gave rise to the suspension. M.R. 148/2017 ; 109/2018 Provincially-approved screening devices 12 All approved screening devices are prescribed as provincially-approved screening devices. M.R. 140/2001 ; 183/2018 Peace officer's demand for sample 13(1) To determine compliance with section 26.3 of the Act or section 11, 11.1, 11.2 or 11.3 of this regulation, a peace officer may, on demand, require a novice driver or supervising driver, or a driver mentioned in section 11.1, 11.2 or 11.3, to provide a sample of (a) their breath for analysis by an approved screening device, an approved instrument, or both; or (b) a bodily substance of the person for analysis by approved drug screening equipment. 13(2) No driver or supervising driver shall, without reasonable excuse, refuse a peace officer's demand under subsection (1). 13(3) Nothing in this section or section 14 limits the application of sections 263.1 and 265 of the Act to a novice driver or a driver mentioned in section 11.1, 11.2 or 11.3. M.R. 140/2001 ; 233/2002 ; 235/2006 ; 83/2011 ; 109/2018 ; 183/2018 Requirement for driver to provide sample 14(1) When, on demand of a peace officer made under section 320.27 of the Criminal Code or subsection 13(1) of this regulation, a novice driver or supervising driver, or a driver mentioned in section 11.1,11.2 or 11.3, provides a sample of his or her breath which, on analysis by an approved screening device registers "Presence of Alcohol" or another phrase, word, letter or indication that the device is designed to register when calibrated as required under subsection (9), the peace officer shall request the driver to surrender his or her driver's licence. 14(2) When, on demand of a peace officer made under section 320.28 of the Criminal Code or subsection 13(1) of this regulation, a novice driver or supervising driver, or a driver mentioned in section 11.1,11.2 or 11.3, provides a sample of his or her breath which, on analysis by an approved instrument, indicates that the driver has alcohol in his or her blood, the peace officer shall request the driver to surrender his or her driver's licence. 14(2.1) When, on demand of a peace officer made under subsection 13(1) of this regulation, a driver provides a sample of a bodily substance which, on analysis by approved drug screening equipment, registers the presence of a drug at or above the screening threshold, the peace officer shall request the driver to surrender his or her driver's licence. 14(3) If a driver fails or refuses to provide a sample of breath or a bodily substance after a peace officer's demand under subsection 13(1), the peace officer shall request the driver to surrender his or her driver's licence. 14(4) Subject to subsection (5), on a request being made under any of subsections (1) to (3), the driver to whom the request is made shall immediately surrender his or her driver's licence to the peace officer. 14(5) Subsection (4) does not apply to a driver who holds a licence issued other than under the Act or The Drivers and Vehicles Act . 14(6) If a driver to whom a request was made under any of subsections (1) to (3) holds a driver's licence (a) issued in Manitoba, the licence is suspended, and the person is disqualified from operating a motor vehicle, off-road vehicle, agricultural equipment or infrastructure equipment for 24 hours from the time the request is made; or (b) issued other than under the Act or The Drivers and Vehicles Act , the person is disqualified from operating a motor vehicle, off-road vehicle, agricultural equipment or infrastructure equipment in Manitoba for 24 hours from the time the request is made; whether or not the driver surrenders his or her licence. 14(7) If a driver to whom a request was made under any of subsections (1) to (3) is a novice driver referred to in clause 2(1)⁠(c) of the Driver Licensing Regulation , Manitoba Regulation 47/2006, he or she is disqualified from operating a motor vehicle, off-road vehicle, agricultural equipment or infrastructure equipment for 24 hours from the time the request is made. 14(7.1) If a driver to whom a request was made under any of subsections (1) to (3) does not hold a licence, he or she is disqualified from operating a motor vehicle, off-road vehicle, agricultural equipment or infrastructure equipment for 24 hours from the time the request is made. 14(8) When an analysis of a driver's breath is made under subsection (1), he or she may require a further analysis to be performed in the manner provided for in subsection (2), in which case the second analysis governs and any suspension or disqualification resulting from the analysis under subsection (1) continues or terminates accordingly. 14(9) For the purposes of subsection (1), an approved screening device shall not be calibrated to register "Presence of Alcohol" — or another phrase, word, letter or indication that the approved screening device is designed to register when there is alcohol in the blood of the person whose breath is analyzed — unless the person has alcohol in his or her blood. 14(10) It shall be presumed, in the absence of proof to the contrary, that any approved screening device used for the purposes of subsection (1) has been calibrated as required under subsection (9). 14(10.1) When an analysis of a bodily substance of a driver is made under subsection (2.1), he or she may require a further analysis to be performed with the same approved drug screening equipment, in which case the second analysis governs and any suspension or disqualification resulting from the analysis under subsection (2.1) continues or terminates accordingly. 14(11) A peace officer who requests a driver to surrender his or her driver's licence under this section shall (a) make a written record of the date and time of the suspension or disqualification, the name and address of the driver and, if known, the number of his or her licence; (b) if the person surrenders it, give the person a written receipt for it and a written notice stating where the person may obtain its return; (c) provide the driver with a written statement that the length of the suspension or disqualification is 24 hours and of the time from which the suspension or disqualification takes effect; (d) notify the registrar of the fact of the suspension or disqualification, the name and address of the driver and, if known, the number of his or her licence; and (e) if the vehicle is removed under subsection (13), notify the driver of the location of the storage. 14(12) On termination of a suspension or disqualification, any licence surrendered under this section shall be returned without delay to the driver except when he or she is otherwise not eligible to hold a driver's licence. 14(13) A peace officer may remove and store the motor vehicle or off-road vehicle of any driver whose driver's licence is suspended under this section and any trailer or other towed equipment attached to the vehicle, or may cause it to be removed or stored if it is at a place from which, in the opinion of the peace officer, it ought to be removed and there is no person available who may lawfully drive the vehicle. 14(14) The costs and charges incurred in removing and storing a motor vehicle, off-road vehicle, trailer or other towed equipment under subsection (13) are a lien on the vehicle and trailer or other towed equipment that may be enforced under The Garage Keepers Act by the person who moved or stored it at the request of the peace officer. M.R. 140/2001 ; 233/2002 ; 151/2003 ; 235/2006 ; 215/2009 ; 83/2011 ; 109/2018 ; 183/2018 ; 21/2019 Requirement for supervising driver to provide sample 15(1) When, on demand of a peace officer made under subsection 13(1), a supervising driver provides a sample of his or her breath which, on analysis by an approved screening device, registers "Warn" or another phrase, word, letter or indication that the device is designed to register when calibrated as required under subsection 263.1(13) of the Act, the peace officer shall direct the driver not to drive the vehicle except under the supervision of another supervising driver and in compliance with the Act and regulations under the Act. 15(2) When, on demand of a peace officer made under subsection 13(1), a supervising driver provides a sample of his or her breath which, on analysis by an approved instrument, indicates that the concentration of alcohol in the supervising driver's blood is 50 mg or more of alcohol in 100 mL of blood, the peace officer shall direct the driver not to drive the vehicle except under the supervision of another supervising driver and in compliance with the Act and regulations under the Act. 15(2.1) When, on demand of a peace officer made under subsection 13(1), a supervising driver provides a sample of a bodily substance which, on analysis by approved drug screening equipment, registers the presence of a drug at or above the screening threshold, the peace officer shall direct the driver not to drive the vehicle except under the supervision of another supervising driver and in compliance with the Act and regulations under the Act. 15(3) If a supervising driver fails or refuses to provide a sample of breath or a bodily substance after a peace officer's demand under subsection 13(1), the peace officer shall direct the driver not to drive the vehicle except under the supervision of another supervising driver and in compliance with the Act and regulations under the Act. 15(4) When an analysis of a supervising driver's breath is made under subsection (1), he or she may require a further analysis to be performed in the manner provided for in subsection (2), in which case the second analysis governs and any direction resulting from the analysis under subsection (1) continues or terminates accordingly. 15(4.1) When an analysis of a bodily substance of a supervising driver is made under subsection (2.1), he or she may require a further analysis to be performed with the same approved drug screening equipment, in which case the second analysis governs and any suspension or disqualification resulting from the analysis under subsection (2.1) continues or terminates accordingly. 15(5) Subsections 263.1(13) and (14) of the Act apply, with necessary changes, to the analysis of supervising drivers' breath samples under this section. 15(6) A peace officer may remove and store the motor vehicle of any driver who receives a direction under this section and any trailer or other towed equipment attached to the vehicle, or may cause it to be removed or stored if it is at a place from which, in the opinion of the peace officer, it ought to be removed and there is no person available who may lawfully drive the vehicle. 15(7) Subsection 14(14) applies to the removal and storage of motor vehicles, trailers and other towed equipment under subsection (6). M.R. 140/2001 ; 151/2003 ; 83/2011 ; 109/2018 ; 183/2018 Operation of machinery under certain licences 15.1(1) Subsection 24(1.1) of the Act does not apply to a person who holds a class 5L or 5A licence and operates agricultural equipment or infrastructure equipment if (a) it is equipped with a seating position for a supervising driver located beside the driver's seat; and (b) he or she is accompanied and supervised by a supervising driver who occupies the second seating position and meets the requirements of subsection 22(3) of the Driver Licensing Regulation made under The Drivers and Vehicles Act . 15.1(2) Subsection (1) applies, with necessary changes, to a person who holds a licence issued by a jurisdiction outside Manitoba that the registrar considers to be equivalent to a class 5L or 5A licence. 15.1(3) Subsection (1) applies, with necessary changes, to a person who holds a class 1A, 2A, 3A, or 4A licence referred to in subclause 4(2)⁠(a)⁠(i), (c)⁠(i), (e)⁠(i) or (g)⁠(i) of the Driver Licensing Regulation . M.R. 151/2003 ; 235/2006 ; 21/2019 16 to 16.2 [Repealed] M.R. 233/2002 ; 48/2006 16.3 [Repealed] M.R. 233/2002 ; 151/2003 ; 48/2006 16.4 and 16.5 [Repealed] M.R. 233/2002 ; 48/2006 17 [Repealed] M.R. 140/2001 ; 48/2006 Repeal 18 The Driver's Licence Regulation , Manitoba Regulation 191/90, and the Class Licences Regulation , Manitoba Regulation 412/87 R, are repealed. M.R. 140/2001