The Highway Traffic Act

The Highway Traffic Act, C.C.S.M. c. H60 (Assented to June 26, 1985) bilingual version (HTML) Table of Contents Section DEFINITIONS AND INTERPRETATION 1 Definitions 2-4 Application and interpretation PART I REGISTRATION OF VEHICLES 4.1 Repealed 4.2 Registration and plating of vehicles 4.3 Reciprocal agreements 4.4-4.20 Repealed 4.21 Production of registration card to peace officer 4.22-4.24 Repealed 4.25 Visibility of number plates 4.26-4.31 Repealed 5-18 Repealed PART I.1 REQUIREMENT TO REPORT SUSPICIOUS VEHICLE 19-21.10 Repealed 21.11 When report required 21.12 Offence and penalty 21.13 Repealed 22 Record of motor vehicles rented 23 Repealed PART II LICENCE REQUIREMENTS FOR HIGHWAY DRIVING 24 Driver's licence required to drive motor vehicle 25-26 Repealed 26.0.1 Definitions 26.1 Regulations 26.2 Repealed 26.3 Alcohol and drugs — novice drivers 26.4 Restrictions for class 5 vehicles 27-30 Repealed 31 Examination requirements 31.1 Arrangements and agreements recognizing foreign drivers' licences 32-34 Repealed PART III VEHICLE AND EQUIPMENT STANDARDS 34.1-46 Repealed 47 Renumbered as section 107.1 48-58 Repealed 59-60 General equipment standards 61 Securing of loads 62 Repealed 63 Towing of motor vehicles 64 Pushing 65 Inspection of equipment 66 Removal of unsafe vehicle 67 Repealed 68-73 Weight restrictions PART IV CONTROL OF TRAFFIC, SPEED, RULES OF THE ROAD, BICYCLES DIVISION I — CONTROL OF TRAFFIC 74 Application of Part 75 Duty of caution 76 Peace officer or emergency responder may direct traffic 76.0.1 Closing highway due to road conditions, visibility, emergency, etc. 76.0.2 Temporary traffic control devices for roadside assistance 76.1 Peace officer may stop vehicles 76.2 Peace officer may conduct field sobriety test 77-85 Traffic control devices and signs 86 Traffic authorities' jurisdiction 86.1 Inspection stations 87 Permits to move certain vehicles and property 88 Traffic control signals 89 Act prohibits certain by-laws 90 By-laws and rules by traffic authorities, permits for special events 91 Safety zones 92 Repealed 93 By-laws prohibiting stopping, residential parking permits 94 Repealed DIVISION II — SPEED RESTRICTIONS 94.1 Designation of restricted speed areas 94.2 Speed limits — general rule 94.3 Minister may fix speed limit 94.4 Service roads 94.5 Designated construction zones and school zones 95 Speeding offences 96-98 Repealed 98.1 Speed limits in school zones 99 Determining speed when guilty plea 100 Minimum speed 101 Repealed 102 Compliance with s. 100 103-105 Repealed 106 Emergency vehicles 107 Testing speedometers 107.1 Speedometer testing DIVISION III — RULES OF THE ROAD 108 Directional dividing line, overhead lane direction signals 109 Driving on right side of roadway 109.1 Approaching an emergency or designated vehicle 109.2 Definitions 110 Driving on laned roadways 111 Rules for riding a moped 112 Meeting other vehicles 113 Use of lights 114-116 Overtaking and passing 117 Space between vehicles, funeral processions 118 Following fire apparatus too closely 119 No driving over fire hoses 120 Exceptions for trolley buses 121 Turning at intersections 122 Where stopping, standing or parking prohibited 123 Parking 124 Moving parked vehicles 124.1-124.7 Physically disabled persons parking 124.8 Entry on private land 124.9 Regulations 125-127 Signals 128-133 Right-of-way 134-135.1 Railway crossings 136 Stopping 137 School buses 138-143 Pedestrians 144 Repealed DIVISION IV — BICYCLES, POWER-ASSISTED BICYCLES AND RECREATIONAL EQUIPMENT 145 General rules: bicycles and power-assisted bicycles 145.0.1 Cyclists and passengers under 18 must wear helmets 145.1 Prohibition: attachment to moving vehicle 146 Riding improperly on any vehicle 147 Prohibition: too many riders 148 Repealed 149 Lamps and reflectors on bicycles 150 Other required equipment 151 Defaced identification marks, confiscation and resale 152 Returns by second-hand bicycle dealers DIVISION IV.1 — SHARED STREETS 152.1 Designation of shared street 152.2 Speed limit not to exceed 20 km/h 152.3 Traffic control devices 152.4 Rules for shared street PART V ACCIDENTS 153 Onus on owner or driver 154 Claim for damages not barred by penalty 155 Reporting accidents 155.1 Action when domestic animal injured or killed 156-157 Repealed 158 Copies of report, information by peace officer 159 Supplemental reports 160 Giving of proof of financial responsibility 161 Form of proof of ownership of fleet, certificate of insurance 162-163 Repealed 164 Disposition of security deposit 165 Insurance policies 166-167 Reciprocal arrangements between jurisdictions PART VI PROHIBITIONS, OFFENCES AND PENALTIES DIVISION I — PROHIBITIONS 168-169 Repealed 170 Registration, licence and cards 171 Removing or defacing vehicle identification numbers 172 Misrepresenting model year 173 Driver's licence required 174 Age and health restrictions 175 Overweight vehicles prohibited 176 Complying with conditional or restricted registration 177 Slow speed prohibited, speed restrictions on certain vehicles 178 Warning device on slow vehicles 179 Unnecessary noise or smoke 180 Registration and use of farm truck 181 Towing vehicles with hazardous commodities 182 Conduct within vehicle, windows 183 Dangerous riding and house trailers 184 Seats and passengers, restrictions on mopeds 185 No mopeds on some highways 185.1 Safety measures for wheelchair-bound passengers 186 Seat belts and child restraints 186.1 Smoking or e-cigarette use prohibited in motor vehicle if child present 187 Helmet requirements 188 Driving carelessly prohibited 189 Racing on highway prohibited 189.1 Offence re damaging a highway 190 Safety zones 191 Certain U-turns prohibited 192 Limitation re backing up 193 Driving on sidewalk or dividing section prohibited 194 Entering and leaving limited access highways 195 Driving on median or right-of-way prohibited 196 Locking wheels, moving objects that may damage highway prohibited 197 "Air cushion vehicles" prohibited 197.1 Aircraft on highways prohibited 198 Cleaning of livestock vehicles 199 Driver must be authorized under Act 200 Repealed 201 Operating vehicle without owner's consent 202 Use of old school buses 203 Radar detecting device prohibited 204 Repealed 205 Vehicle and component standards 205.1 Immobilization systems 205.2 Air bags 206 Retreading, recapping and new tires 207-207.1 Repealed 208 Precautions on opening doors 209 Tampering with vehicle prohibited 210 Interference with traffic control devices prohibited 210.1 Removal, etc., of image capturing enforcement system forbidden 211 Carriage of dangerous things 212 Agreement re enforcement of s. 211 213 Carrying liquor 213.1 Transporting cannabis in or on vehicles 213.2 Consuming cannabis in or on vehicles 214 Certain radio receivers and televisions prohibited 215 Radio headphones prohibited 215.1 Hand-operated electronic devices prohibited while driving 216 Police markings prohibited 217 Rubbish, injurious material, broken glass, warning as to obstructions 218 Livestock on highway prohibited 219 Repealed 220 Tow truck equipment 221-222 Leaving and parking vehicles 223 Repealed 224 False statements 225 Suspended and other prohibited driving, or driving an unregistered vehicle 226 Insurance requirements 227 Drunken driving of vehicles other than motor vehicles 228 Conviction quashed 229 Owner liable to conviction 230 Standing vehicle contrary to traffic control device prohibited 231-232 Repealed 233 Cruelty to livestock prohibited 234 Removing traffic tickets forbidden 235 Offence re evidence of insurance 236 Offences on parking lots 237 Sale of motor vehicle to person under 16 prohibited DIVISION II — OFFENCES AND PENALTIES 238 Penalty for speeding offences 239 General offences and penalties 239.1 Repealed 239.2 Increased penalties for offences resulting in death 239.3 Limitation period — offences resulting in death 240 Saving PART VII ENFORCEMENT PROVISIONS AND SUSPENSION OF REGISTRATION AND LICENCES DIVISION I — ENFORCEMENT PROVISIONS 241 Repealed 241.1 Inspection and search and seizure 242 Detention of vehicle 242.1 Seizure and impoundment of vehicles for driving disqualified and alcohol-related offences 242.2 Seizure of vehicles in prostitution-related offences 242.3 Forfeiture of vehicles for certain offences 242.4 Seizure and impoundment of vehicles involved in racing 243 Unlawfully parked vehicles 244 Trial by justice of the peace 245 Limitation on prosecution for offence 246 Oath not required on information 247 Effect of report or lack thereof 248 Repealed 249 Benefit of fines 250 Description of careless driving offence 251 Repealed 252 Successive offences 253 Proceedings if previous convictions 254 Reduction of penalty 255 Speed determined by speed-timing device 255.1 Evidence of particulars of registration 256 Photographic copies admissible 257 Certificate as to timing lines 257.1 Use of image capturing enforcement systems 257.2 Image capturing enforcement system evidence 257.3 Appointment of tester 257.4 Regulations 258 Impoundment or surrender of licences 259 Reports of convictions and judgments 259.1 Notice of alternative measures 260 Repealed 261 Convictions certified to registrar 262 Payment of storage charges where conviction quashed 263 Repealed 263.1 Grounds for suspension 263.1.1 Administrative penalty for suspended drivers 263.2 Review of suspension 264 Automatic suspension for certain offences 264.1 Seven-year alcohol prohibition 265 Request to surrender licence 265.1 Surrender or suspension of licence for commercial truck 265.2 Licence suspension for use of hand-operated electronic device 266 Repealed 267 Suspension for liquor offences or cannabis 268 Temporary permit during suspension DIVISION II — SUSPENSION OF REGISTRATION AND LICENCE SUSPENSION FOR CERTAIN CONVICTIONS 269 Cancellation for dishonoured cheque or indebtedness to M.P.I.C. or registrar 270 Suspension if judgment not satisfied 271-272 Repealed 273 Suspension by registrar 273.1 Action re person in default 273.2 Registrar to refuse service to person in default 273.2.1 Registrar's powers re fines, penalties and restitution 273.3 Alternative measures under Criminal Code 273.4 Suspension under Domestic Violence Act 273.5 Action where person does not have notice 273.6 Outstanding warrants 274-275 Repealed 276 Notification of suspension or cancellation 277 Surrender of registration and licences upon suspension 278 Licence Suspension Appeal Board 279 Appeal to appeal board 279.1 Ignition-interlock program requirements 279.2 Prohibition on permitting non-interlock vehicle to be driven 279.3 Application to join ignition-interlock program PART VIII REGULATED VEHICLES 280-312 Repealed 312.1 Definitions 312.2 Safety fitness requirements 312.3 Inspection of regulated vehicles 312.4 Notice requirement re insurance 313 Bills of lading 314 Identification of motor carriers 315 Remedy for unpaid freight charges 316 Repealed 317 Contravention of Act by motor carrier or employee an offence 317.1 Offences by shippers of property 318 Repealed 318.1 Continuing driver disclosure 318.2 Safety inspections and reports by driver 318.3 Drivers' hours or service 318.4 Safe operation 318.5 Compliance officer 318.6 Review of driving record by motor carrier 318.7 Maintenance of vehicles 318.8 Motor carrier records 318.9 Motor carrier to ensure driver compliance 318.10 Investigation of compliance with Act 318.11 Repealed PART VIII.1 TECHNOLOGY TESTING PERMITS 318.12 Definitions 318.13 Technology testing permits 318.14 Permit holder to comply 318.15 Regulations re technology testing permits PART VIII.2 PILOT PROJECTS 318.16 Pilot projects 318.17 Insurance or financial security 318.18 Time limit 318.19 Regulation prevails PART IX REGULATIONS 319 Regulations 320 Approval of equipment by minister PART X APPOINTMENTS AND MISCELLANEOUS 321 Order extending powers of local district 322 Records 322.1 Motor carrier's safety compliance record and safety fitness rating 322.2 Records for drivers of regulated vehicles 322.3 Specification of GVWR by registrar 322.4 Appointment of directors 322.5 Designation of motor carrier enforcement officers 323 Protection from liability 323.1 Delegation of authority to register 324 Certificate of registrar as proof 324.1 Reproduced signature of former registrar 325 Authority to act for minister 325.1 Designation of designated person 326 Repealed 327 Inspection at regular intervals 328 Repealed 329 Declarations or affidavits 330 Giving notice for anything in Act 330.1 Evidence of receipt by registered mail 330.2 Evidence of receipt by e-mail 330.3 Regulations respecting notices 331 Charges for services 332 International driving permit 333-334.2 Repealed 335 C.C.S.M. reference 336 Repealed 337 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: DEFINITIONS AND INTERPRETATION Definitions 1(1) In this Act, "agricultural equipment" means a vehicle designed and used primarily in agricultural, horticultural or livestock operations, or for a purpose prescribed in the regulations, but excludes (a) any vehicle designed primarily for transporting passengers, cargo or vehicles other than agricultural equipment on a highway, and (b) a garden tractor, lawnmower or lawn tractor, unless it is of a type prescribed in the regulations and used primarily for a use prescribed in the regulations; (« matériel agricole ») "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, Seniors and Long-Term Care or the department of the minister responsible for the administration of The Health Administration Act ; (« 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 ») "inspector" means an inspector appointed under subsection 322.4(2); (« inspecteur ») "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 ») "motor carrier enforcement officer" means an inspector designated as a motor carrier enforcement officer under subsection 322.5(1); (« agent de réglementation des transporteurs routiers ») "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) a police officer as defined in The Police Services Act , (b) a motor carrier enforcement officer or an inspector, (c) any person lawfully authorized to direct or regulate traffic, or to enforce this Act or traffic by-laws or regulations, and (d) a flag person, but only for the purpose of exercising the powers of a flag person under subsection 77(10) or section 134; (« 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, and (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 ; S.M. 2025, c. 30, s. 2 ; S.M. 2026, c. 37, s. 37 . APPLICATION OF ACT 2(1) [Repealed] S.M. 2001, c. 19, s. 3 . 2(2) [Repealed] S.M. 2013, c. 49, s. 3 . Separate roadways 2(3) Where a thoroughfare consists of two or more separate roadways, and between each two adjoining roadways there is an intervening space, or a physical barrier or clearly indicated dividing section constructed so that it prevents or impedes vehicular traffic entering or crossing the space, barrier, or dividing section, and on each roadway traffic is permitted to proceed in one direction only, except as herein specifically otherwise provided, the several roadways constitute one highway; and the space, barrier or dividing section, shall be conclusively deemed to be a directional dividing line for the highway. 2(4) [Repealed] S.M. 1996, c. 26, s. 3 . 2(5) and (6) [Repealed] S.M. 2005, c. 37, Sch. B, s. 3 . S.M. 1985-86, c. 13, s. 2 ; S.M. 1996, c. 26, s. 3 ; S.M. 2001, c. 19, s. 3 ; S.M. 2005, c. 37, Sch. B, s. 3 ; S.M. 2013, c. 49, s. 3 . References to Criminal Code 3 Wherever in this Act a reference is made to the Criminal Code it shall be deemed to mean the Criminal Code (Canada) as amended from time to time. Effect of invalidity 4 If any provision of this Act is adjudged invalid the judgment shall not be construed to invalidate other provisions of this Act. PART I REGISTRATION OF VEHICLES 4.1 [Repealed] S.M. 1994, c. 4, s. 3 ; S.M. 2005, c. 37, Sch. B, s. 4 ; S.M. 2018, c. 10, Sch. B, s. 3 . REQUIREMENT TO REGISTER CERTAIN VEHICLES AND DISPLAY NUMBER PLATES Registration and plating of vehicles 4.2(1) No person shall drive a motor vehicle or tow a trailer on a highway, and no person who owns a motor vehicle or trailer shall permit another person to drive or tow it on a highway, (a) unless (i) a registration card for the vehicle has been issued under The Drivers and Vehicles Act and is valid, (ii) the vehicle displays, in accordance with the regulations under that Act, the quantity and type of number plates that those regulations prescribe for use on a vehicle of its registration class, and (iii) the number plates display the vehicle's registration card number and, in accordance with the regulations under that Act, stickers showing the vehicle's registration class and that the registration is valid; (b) unless a valid registration permit issued under The Drivers and Vehicles Act for the vehicle is displayed on or carried in it in accordance with the regulations under that Act, or a valid permit under section 87 of this Act is displayed on or carried in it in accordance with this Act; or (c) unless the person and the vehicle are in compliance with a provision of The Drivers and Vehicles Act or a regulation under that Act that allows the person to drive or tow the vehicle without complying with the requirements of clause (a) or (b). 4.2(2) to (11) [Repealed] S.M. 2005, c. 37, Sch. B, s. 5 . S.M. 1994, c. 4, s. 3 ; S.M. 1997, c. 37, s. 3 ; S.M. 2005, c. 37, Sch. B, s. 5 ; S.M. 2015, c. 43, s. 21 . RECIPROCAL AGREEMENTS AND ARRANGEMENTS Reciprocal agreements 4.3(1) The minister may enter into a reciprocal agreement or arrangement on behalf of the Government of Manitoba with the government of any other province or territory of Canada or of any state of the United States of America respecting the granting of exemptions or partial exemptions from the application of subsection 4.2(1) or the granting of privileges to any class of vehicle owners ordinarily resident in that other province, territory or state if that other province, territory or state grants similar exemptions or privileges to vehicle owners ordinarily resident in Manitoba. Restrictions on exemptions 4.3(2) No person is entitled to an exemption or privilege under an agreement or arrangement entered into under subsection (1) unless that person (a) has complied with the law of his or her place of ordinary residence as to the registration and licensing of his or her vehicle; (b) carries or causes to be carried on the vehicle the certificate of registration, licence and number plate or plates required by the law of his or her place of ordinary residence; and (c) complies with all conditions and restrictions set out in the agreement or arrangement. Agreements re registration and apportioning fees 4.3(3) The minister may enter into an agreement on behalf of the Government of Manitoba with the government of any other province or territory of Canada or of any state of the United States of America respecting special arrangements for the registration of, and for determining, apportioning and collecting registration, licence and administration fees for any class of vehicles engaged in interjurisdictional travel. Restrictions on exemptions 4.3(4) No person is entitled to any exemption, privilege or benefit under any agreement or arrangement entered into under subsection (3) unless that person (a) has complied with the requirements of that agreement or arrangement respecting the registration and licensing of his or her vehicle; (b) carries or causes to be carried on the vehicle evidence of that compliance, including documents evidencing registration and any number plate or plates required under that agreement or arrangement; and (c) complies with all conditions and restrictions set out in the agreement or arrangement. Cancellation 4.3(5) An agreement or arrangement entered into under subsection (1) or (3) may be cancelled by the minister, in which case any exemption, privilege or benefit under it is cancelled. Definition of "state" 4.3(6) In this section, "state" includes any territory of the United States of America and the District of Columbia. Transition 4.3(7) An agreement or arrangement made under subsection 13(5) before its repeal is deemed to have been made under this section. S.M. 1994, c. 4, s. 3 ; S.M. 1995, c. 33, s. 10 . 4.4 to 4.20 [Repealed] S.M. 1994, c. 4, s. 3 ; S.M. 1995, c. 31, s. 3 ; S.M. 1997, c. 37, s. 4 , 5, 6 and 8; S.M. 2001, c. 29, s. 3 and 4; S.M. 2005, c. 37, Sch. B, s. 7 . USE OF REGISTRATION CARDS Production of registration card to peace officer 4.21(1) On demand by a peace officer, a driver, registered owner or person having care or control of a vehicle shall without delay produce the registration card issued for it or the cab card issued in respect of it for inspection. Exception for repairers 4.21(2) When a vehicle is being operated by a repairer or by a mechanic engaged by a repairer who has custody of the vehicle for the purpose of testing or servicing it, including picking it up and returning it or moving it from one place to another in connection with the servicing or testing, the peace officer shall give the repairer or mechanic reasonable time within which to produce the registration card. S.M. 1994, c. 4, s. 3 ; S.M. 1995, c. 33, s. 10 ; S.M. 2018, c. 19, s. 2 . 4.22 to 4.24 [Repealed] S.M. 1994, c. 4, s. 3 ; S.M. 1995, c. 33, s. 10 ; S.M. 1997, c. 37, s. 9 ; S.M. 2005, c. 37, Sch. B, s. 7 . VISIBILITY OF NUMBER PLATES 4.25(1) [Repealed] S.M. 2005, c. 37, Sch. B, s. 9 . Obstruction of number plate 4.25(1.1) No person shall drive or tow a vehicle on a highway if a number plate required to be displayed on the vehicle is obstructed in a manner that prevents or is capable of preventing any of the following information from being accurately captured by an image capturing enforcement system: (a) the jurisdiction or authority that issued the number plate; (b) the numbers or letters that make up the vehicle's registration number. Effect of towing trailer or other vehicle 4.25(2) A person does not contravene subsection (1.1) by reason only that the vehicle that the person is driving is towing a trailer or other vehicle. When a number plate must be displayed 4.25(3) For the purposes of this section, a number plate is required to be displayed on a vehicle if (a) the vehicle is registered under The Drivers and Vehicles Act , and that Act or a regulation under it requires the vehicle to display the number plate; or (b) the vehicle is registered under another Act, and that Act or a regulation under it requires the vehicle to display the number plate. S.M. 1994, c. 4, s. 3 ; S.M. 1997, c. 37, s. 10 ; S.M. 2002, c. 1, s. 3 ; S.M. 2005, c. 37, Sch. B, s. 9 . 4.26 to 4.31 [Repealed] S.M. 1994, c. 4, s. 3 ; S.M. 1995, c. 31, s. 4 ; S.M. 1997, c. 37, s. 11 , 12, 13 and 14; S.M. 2005, c. 37, Sch. B, s. 10 . 5 [Repealed] S.M. 1985-86, c. 12, s. 2 ; S.M. 1986-87, c. 14, s. 3 ; S.M. 1988-89, c. 14, s. 3 ; S.M. 1989-90, c. 56, s. 3 ; S.M. 1992, c. 12, s. 2 ; S.M. 1994, c. 4, s. 3 ; S.M. 2005, c. 37, Sch. B, s. 10 . 6 to 18 [Repealed] S.M. 1985-86, c. 12, s. 3 ; S.M. 1986-87, c. 14, s. 4 ; S.M. 1987-88, c. 23, s. 1 and 2; S.M. 1988-89, c. 14, s. 4 ; S.M. 1989-90, c. 56, s. 4 and 5; S.M. 1991-92, c. 25, s. 7 ; S.M. 1994, c. 4, s. 3 . PART I.1 REQUIREMENT TO REPORT SUSPICIOUS VEHICLE 19 to 21.10 [Repealed] S.M. 1994, c. 4, s. 5 ; S.M. 1995, c. 31, s. 5 ; S.M. 1997, c. 37, s. 15 ; S.M. 2005, c. 37, Sch. B, s. 12 . DUTY TO REPORT DEFACED IDENTIFICATION NUMBERS AND UNCLAIMED OR DAMAGED VEHICLES Definition of "motor vehicle" 21.11(1) In this section, "motor vehicle" includes a part of a motor vehicle. Report of defaced identification number 21.11(2) If a motor vehicle's vehicle identification number has been lost, removed, destroyed or altered, or is illegible, a person who comes into possession of the motor vehicle shall (a) without delay report that fact to a police officer having jurisdiction in the area; (b) give the police officer the number plate number and a description of the motor vehicle and, if known, any information the person has relating to the person previously in possession of the motor vehicle; and (c) retain the motor vehicle in his or her possession in the condition in which it was received for a period of 10 days from the date of the report, unless the police officer otherwise directs. Reports of vehicles stored in suspicious circumstances 21.11(3) A person who buys, sells, stores, services or provides parking for motor vehicles or destroys motor vehicles for scrap or dismantles them for parts shall comply with subsection (4) when a motor vehicle (a) comes into or remains in his or her possession without good reason or under suspicious circumstances; or (b) that shows evidence of having been stolen or struck by a bullet comes into his or her possession. Nature of report 21.11(4) A person referred to in subsection (3) shall (a) without delay report that matter to a police officer having jurisdiction in the area; (b) give the police officer the number plate number and a description of the motor vehicle and, if known, the vehicle identification number and any information the person has relating to the person previously in possession of the motor vehicle; and (c) if the person has the right to retain possession of the motor vehicle, retain it in his or her possession in the condition in which it was received for a period of 10 days from the date of the report, unless the police officer otherwise directs. S.M. 1997, c. 37, s. 15 ; S.M. 2005, c. 37, Sch. B, s. 13 . OFFENCES AND EVIDENCE Offence and penalty 21.12(1) A person who contravenes section 21.11 is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000. Directors and officers of corporations 21.12(2) If a corporation commits an offence under subsection (1), a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on summary conviction to a fine of not more than $5,000., whether or not the corporation has been prosecuted or convicted. Limitation period 21.12(3) No proceeding under subsection (1) may be commenced more than one year after the commission of the alleged offence. Liability for employee or agent 21.12(4) In a prosecution under this section for an offence by a dealer or recycler, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the dealer or recycler while acting in the course of his or her employment or agency functions, whether or not the employee has been prosecuted or convicted. S.M. 1997, c. 37, s. 15 ; S.M. 2005, c. 37, Sch. B, s. 14 . 21.13 [Repealed] S.M. 1997, c. 37, s. 15 ; S.M. 2005, c. 37, Sch. B, s. 15 . RENTING MOTOR VEHICLES Record of motor vehicles rented 22 Every person engaged in the business of renting motor vehicles without drivers shall keep a record, to be signed by the person renting it, of each vehicle rented, the identity of the person renting it, the number and particulars of the person's driver's licence, the day and time at which the vehicle is rented, and the time it is in the possession of the person to whom it is rented, and such further information as may be required in the regulations; and the record shall be a public record and open to inspection by any person. S.M. 2001, c. 7, s. 3 . 23 [Repealed] S.M. 2017, c. 36, s. 15 . PART II LICENCE REQUIREMENTS FOR HIGHWAY DRIVING Driver's licence required to drive motor vehicle 24(1) No person shall drive a motor vehicle on a highway unless the person (a) holds a valid driver's licence of a class that authorizes the person to drive the class of motor vehicle being driven; and (b) carries the driver's licence while driving. Licence required to drive equipment 24(1.1) No person shall drive agricultural equipment or infrastructure equipment on a provincial highway, or on a highway within the City of Winnipeg, an urban municipality or a restricted speed area, unless the person holds a valid driver's licence of a class that authorizes him or her to drive a class 5 motor vehicle without a full-time supervising driver and carries the driver's licence while driving. Exception for out-of-province driving permits 24(1.2) A person does not contravene subsection (1) if the person holds a valid out-of-province driving permit that authorizes the person to drive a motor vehicle of the class being driven and the person is allowed to drive in Manitoba by subsection 31(1) or (3) of The Drivers and Vehicles Act . A person does not contravene subsection (1.1) if the person holds a valid out-of-province driving permit that authorizes the person to drive a class 5 motor vehicle without a full-time supervising driver and the person is allowed to drive in Manitoba by subsection 31(1) or (3) of The Drivers and Vehicles Act . 24(2) to (5) [Repealed] S.M. 2001, c. 7, s. 4 . 24(6) [Repealed] S.M. 2005, c. 37, Sch. B, s. 17 . 24(7) [Repealed] S.M. 2001, c. 7, s. 4 . 24(8) [Repealed] S.M. 2005, c. 37, Sch. B, s. 17 . 24(9) [Repealed] S.M. 2005, c. 37, Sch. B, s. 87 . 24(10) to (12) [Repealed] S.M. 2005, c. 37, Sch. B, s. 17 . 24(13) [Repealed] S.M. 2001, c. 7, s. 4 . S.M. 1986-87, c. 14, s. 6 ; S.M. 1989-90, c. 55, s. 2 ; S.M. 1991-92, c. 25, s. 17 and 18; S.M. 1995, c. 31, s. 6 ; S.M. 2001, c. 7, s. 4 ; S.M. 2001, c. 19, s. 4 ; S.M. 2005, c. 37, Sch. B, s. 17 and 87; S.M. 2018, c. 10, Sch. B, s. 4 . 25 [Repealed] S.M. 1985-86, c. 12, s. 4 and 5; S.M. 1991-92, c. 25, s. 19 . 26 [Repealed] S.M. 1989-90, c. 56, s. 6 ; S.M. 1991-92, c. 25, s. 20 and 22; S.M. 1994, c. 25, s. 2 ; S.M. 1997, c. 37, s. 41 ; S.M. 1999, c. 35, s. 2 ; S.M. 2001, c. 7, s. 5 . NOVICE DRIVERS Definitions 26.0.1 The following definitions apply in sections 26.1 and 26.3. "approved drug screening equipment" means approved drug screening equipment as defined in section 320.11 of the Criminal Code . (« matériel de détection des drogues approuvé ») "approved screening device" means (a) a provincially approved screening device prescribed by regulation under clause 26.1(1)⁠(d); or (b) an approved screening device as defined in section 320.11 of the Criminal Code . (« appareil de détection approuvé ») "screening threshold" , in respect of a drug or a combination of drugs, means the level specified to be detected by approved drug screening equipment in the regulations under the Criminal Code . (« seuil de détection ») S.M. 2018, c. 19, s. 2 and 8. Regulations 26.1(1) The Lieutenant Governor in Council may make regulations (a) prescribing maximum blood alcohol concentration levels for supervising drivers; (b) prohibiting a person from acting as a supervising driver if they have consumed drugs such that, when a sample of a bodily substance of the person is analyzed by means of approved drug screening equipment, the equipment detects the presence of a drug at or above the screening threshold; (c) providing for remedial actions that the registrar may take, and prescribing sanctions the registrar may impose, in respect of a novice driver who (i) drives while having any alcohol in their blood, (ii) drives while having consumed drugs such that, when a sample of a bodily substance of the novice driver is analyzed by means of approved drug screening equipment, the equipment detects the presence of a drug at or above the screening threshold, or (iii) refuses a peace officer's request to provide a breath sample or a sample of a bodily substance; (d) prescribing provincially approved screening devices for the purpose of determining the blood alcohol concentration level of a novice or supervising driver, and governing the calibration and use of the devices; (e) authorizing a peace officer to demand that a novice or supervising driver provide a sample of breath for the purpose of determining their blood alcohol concentration level, and requiring the novice or supervising driver to provide a breath sample on demand, at the roadside, to be analyzed by an approved screening device, or at another place, to be analyzed by an approved instrument as defined in section 320.11 of the Criminal Code , or both; (f) authorizing a peace officer to demand that a novice driver or supervising driver provide a sample of a bodily substance for the purpose of determining the concentration of drugs in the bodily substance, and requiring the novice or supervising driver to provide a sample of a bodily substance on demand, at the roadside, to be analyzed by means of approved drug screening equipment; (g) respecting the handling and analysis of breath samples and samples of bodily substances provided under a regulation made under this subsection, including, but not limited to, the manner of recording and certifying the results of the analysis and the manner in which a certificate of analysis may be entered into evidence in a prosecution under this Act and the weight to be attributed to a certificate of analysis; (h) authorizing a peace officer to demand that a novice driver surrender their licence, and requiring the novice driver to surrender their licence to the peace officer on demand, if (i) the novice driver has any alcohol in their blood, (ii) when a sample of a bodily substance of the novice driver is analyzed by means of approved drug screening equipment, the equipment detects the presence of a drug at or above the screening threshold, or (iii) the novice driver refuses to provide a breath sample or a sample of a bodily substance on demand; (i) respecting the removal and storage of a vehicle, and any towed equipment, being driven by a novice driver, when the novice driver has been found to be driving (i) with alcohol in their blood, or (ii) after having consumed drugs such that when a sample of a bodily substance of the novice driver is analyzed by means of approved drug screening equipment, the equipment detects the presence of a drug at or above the screening threshold; (j) respecting the enforcement of costs of removal and storage incurred for an action described in clause (i). Application of regulations 26.1(2) A regulation made under subsection (1) may be general or particular in its application and may apply in whole or in part in respect of any class of licence for novice drivers. Offence and penalty 26.1(3) A novice or supervising driver who contravenes a provision of a regulation made under subsection (1), or a novice driver who contravenes a condition or restriction of his or her licence, is guilty of an offence and is liable on summary conviction to the penalties set out in section 239. Saving 26.1(4) Imposing a penalty under subsection (3) on a driver does not restrict, limit or affect the effect of any other provision of this Act authorizing or requiring the suspension or cancellation of a registration, licence or permit, or the disqualification of a person from holding a licence or making a registration. Defence of novice driver to charge re supervising driver's qualifications 26.1(5) It is a defence to a charge against a novice driver under subsection (3) relating to the qualifications or requirements of the supervising driver if the accused establishes that he or she took all reasonable measures to comply with the regulations. S.M. 2001, c. 7, s. 6 ; S.M. 2002, c. 40, s. 2 ; S.M. 2005, c. 37, Sch. B, s. 18 ; S.M. 2018, c. 19, s. 2 and 8. 26.2 [Repealed] S.M. 2001, c. 7, s. 7 ; S.M. 2005, c. 37, Sch. B, s. 19 . Alcohol and drugs — novice drivers 26.3 No novice driver shall operate or have care or control of a motor vehicle or off-road vehicle, or agricultural equipment or infrastructure equipment, (a) while the novice driver has any alcohol in their blood; or (b) after having consumed drugs such that when a sample of a bodily substance of the novice driver is analyzed by means of approved drug screening equipment, the equipment detects the presence of a drug at or above the screening threshold. S.M. 2001, c. 7, s. 7 ; S.M. 2018, c. 10, Sch. B, s. 5 ; S.M. 2018, c. 19, s. 2 . Restrictions at learner stage for class 5 vehicles 26.4(1) A novice driver who holds a class or subclass of licence prescribed for novice drivers in the learner stage entitling him or her to operate a class 5 vehicle shall not (a) operate a class 5 vehicle unless a supervising driver is in it; (b) operate the vehicle (i) with anyone else in the front seat other than the supervising driver, or (ii) with anyone in the part of the vehicle behind the front seat except in a seating position that is equipped with a seat belt; (c) tow another vehicle; or (d) operate an off-road vehicle on or across a highway. Restrictions at intermediate stage for class 5 vehicles 26.4(2) A novice driver who holds a class or subclass of licence prescribed for novice drivers in the intermediate stage entitling him or her to operate a class 5 vehicle shall not, (a) between 5:00 a.m. and midnight, operate a class 5 vehicle with more than one passenger in the front seat or with anyone in the part of the vehicle behind the front seat except in a seating position that is equipped with a seat belt; and (b) between midnight and 5:00 a.m., operate a class 5 vehicle (i) with more than one passenger in the vehicle, unless a supervising driver is in the vehicle, or (ii) when a supervising driver is in the vehicle, with anyone else in the front seat other than the supervising driver, or with anyone in the part of the vehicle behind the front seat except in a seating position that is equipped with a seat belt. S.M. 2001, c. 7, s. 7 . 27 to 30 [Repealed] S.M. 1986-87, c. 14, s. 7 and 8; S.M. 1987-88, c. 23, s. 3 to 5; S.M. 1989-90, c. 55, s. 3 to 7; S.M. 1991-92, c. 25, s. 23 ; S.M. 1995, c. 31, s. 7 to 10; S.M. 1997, c. 38, s. 2 and 3; S.M. 1999, c. 12, s. 2 to 4; S.M. 2001, c. 7, s. 8 and 9; S.M. 2001, c. 19, s. 5 ; S.M. 2002, c. 24, s. 29 ; S.M. 2004, c. 30, s. 3 ; S.M. 2005, c. 37, Sch. B, s. 20 . 31(1) [Repealed] S.M. 2001, c. 7, s. 10 . Examination before issue of licence 31(2) Subject to subsections (3) and (4), the registrar shall not issue a licence of any class to a person unless he or she has passed the examinations the registrar requires and satisfied any other requirements the registrar considers appropriate. Exemption from examination 31(3) The registrar may exempt an applicant for a driver's licence from any examination required under this Act, if (a) the applicant holds a valid driver's licence issued by a competent authority in a province or territory of Canada, or a state or territory of or the District of Columbia in the United States of America; (a.1) the application is for a class 5 or 6 licence and the applicant holds a valid driver's licence issued by a competent authority in a country or political subdivision of a country with which the government has a subsisting arrangement or reciprocal agreement as provided for in subsection 31.1(1); (b) the applicant is a member of NATO personnel, or a family member of such a member, and holds a valid driver's licence of any class issued by a competent authority in the country in which the member permanently resides; (c) the applicant holds a valid driver's licence of any class issued under the authority of the Commander, Canadian Forces Europe; or (d) in the three month period immediately preceding the application, the applicant held a valid driver's licence issued by a competent authority in a province or territory of Canada, and the authority confirms that the applicant is eligible to apply for and hold a driver's licence and to operate a motor vehicle in that province or territory. Registrar may issue licence 31(4) The registrar may issue a licence of any class of licence to any person without requiring him to pass an examination, if that person has not allowed his licence to lapse for more than 4 consecutive years from the end of the last licence period for which he held a valid and subsisting licence of the same class for that period, or has previously passed an examination that satisfies the registrar that he is qualified to operate a motor vehicle. Refusal to issue without examination 31(5) The registrar may, in his absolute discretion, refuse to issue a licence of any class of licence to any person unless that person passes an examination as provided in subsection (2). Further examination, interview or course required 31(6) The registrar may require a person who holds a licence of any class, or whose licence or right to have a licence has been suspended or cancelled, to do one or more of the following: (a) pass an examination as provided in subsection (2) or any further examination and satisfy any other requirements that the registrar considers appropriate; (b) attend an interview to discuss the person's ability to operate a motor vehicle safely or comply with the provisions of this Act and the regulations, as the case may require; (c) successfully complete a driver improvement course specified by the registrar and administered by an agency approved by the registrar, and provide the registrar with satisfactory evidence of successful completion. Failure to comply 31(6.1) If the person fails to meet a requirement under subsection (6) within the time set by the registrar, the registrar may cancel any licence the person holds, and may, whether or not the licence is cancelled, refuse to issue any further renewal or licence until the requirement is met. Temporary licence 31(7) Despite subsection (6), the registrar may issue a temporary driver's licence for a period of not more than 45 days, subject to any conditions or restrictions that the registrar considers appropriate. Particulars of examination 31(8) An examination which any person is required to pass pursuant to this section shall include (a) a test of the person's 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 31.1(1) The minister may enter into an arrangement or reciprocal agreement on behalf of the Government of Manitoba with the government of a country or of a political subdivision of a country respecting the granting of exemptions or partial exemptions under subsection 28(1) of The Drivers and Vehicles Act from the examination requirements of that Act if the driver's licence requirements of the country or political subdivision of a country meet or exceed the requirements of that Act and the regulations under that Act. Cancellation of arrangement or agreement 31.1(2) An arrangement or agreement entered into under subsection (1) may be cancelled by the minister, in which case any exemption, privilege or benefit under it is cancelled. S.M. 1998, c. 26, s. 3 ; S.M. 2005, c. 37, Sch. B, s. 22 . 32 to 34 [Repealed] S.M. 1989-90, c. 55, s. 8 ; S.M. 2001, c. 7, s. 11 and 13; S.M. 2002, c. 40, s. 3 ; S.M. 2005, c. 37, Sch. B, s. 23 . PART III VEHICLE AND EQUIPMENT STANDARDS 34.1 to 46 [Repealed] S.M. 1985-86, c. 12, s. 8 and 9; S.M. 1987-88, c. 23, s. 7 ; S.M. 1989-90, c. 56, s. 9 ; S.M. 1991-92, c. 25, s. 25 to 32; S.M. 1996, c. 19, s. 3 and 4; S.M. 1996, c. 26, s. 4 to 7; S.M. 2010, c. 7, s. 2 ; S.M. 2018, c. 10, Sch. B, s. 7 . 47 [Renumbered as section 107.1] 48 to 58 [Repealed] S.M. 1986-87, c. 14, s. 10 ; S.M. 2005, c. 37, Sch. B, s. 24 and 25; S.M. 2018, c. 10, Sch. B, s. 9 . Compliance with vehicle and equipment requirements 59 Every vehicle operated on a highway must conform to the standards and specifications and be equipped in the manner set out in the regulations. S.M. 1997, c. 37, s. 16 ; S.M. 2018, c. 10, Sch. B, s. 10 . Equipment in good order 60 The equipment to which section 59 refers shall at all times when the vehicle is on a highway be in good working order. PROJECTIONS FROM VEHICLES 61(1) [Repealed] S.M. 1988-89, c. 14, s. 5. Securing of loads on motor vehicles and trailers 61(2) No person shall operate, or permit to be operated, upon a highway any motor vehicle or trailer unless the load that the motor vehicle or trailer is carrying is firmly bound, sufficiently covered, or otherwise secured or loaded, in such a manner that no portion of the load may become dislodged or fall from the motor vehicle or trailer. Where load not required to be covered 61(3) Notwithstanding subsection (2) where the loose material of a load consists of snow, earth or mud the load is not required to be covered by a tarpaulin. 61(4) to (7) [Repealed] S.M. 2018, c. 10, Sch. B, s. 11 . S.M. 1988-89, c. 14, s. 5 ; S.M. 2018, c. 10, Sch. B, s. 11 . 62 [Repealed] S.M. 1989-90, c. 56, s. 10 ; S.M. 2018, c. 10, Sch. B, s. 12 . TOWING AND PUSHING Towing of motor vehicles 63(1) No motor vehicle shall be towed upon a highway unless there is a driver therein, or unless it is equipped with an adequate towing device which compels it to remain in the course of the vehicle by which it is being towed. Distance between motor vehicle towed and towing vehicle 63(2) The distance between a motor vehicle being towed on a highway and the vehicle towing it shall not exceed 5 metres. S.M. 2018, c. 10, Sch. B, s. 13 . Pushing of motor vehicles in urban areas 64(1) No motor vehicle on a highway in the City of Winnipeg, an urban municipality or a restricted speed area (a) shall be pushed from behind by another vehicle unless there is a driver in the vehicle being pushed; or (b) shall be pushed across, through, or in, an intersection except where the engine thereof is disabled. Exception for vehicle with disabled engine 64(2) In a case coming within the exception mentioned in clause (1)⁠(b), the motor vehicle shall not be so pushed for a distance greater than is necessary to remove it from the intersection and to park it in a place where it will not obstruct traffic. S.M. 2018, c. 10, Sch. B, s. 14 . INSPECTION OF EQUIPMENT Inspection by peace officer 65(1) A peace officer may at any time stop and inspect or cause to be inspected any equipment on a vehicle or bicycle on a highway, and may, if the equipment or any part thereof does not comply with this Act or with the regulations, require that the driver or operator thereof have, and the driver or operator shall proceed forthwith to have, the equipment made to comply therewith. Co-operation by driver 65(2) The driver or operator of a vehicle or bicycle the equipment of which is being inspected by a peace officer as provided in subsection (1) shall render such reasonable assistance, and provide such reasonable information, as the peace officer may require. Removal of unsafe vehicle on order of peace officer 66(1) Where a vehicle is, in the opinion of a peace officer, in such a condition that it cannot safely be driven on a highway, the peace officer may require the owner or the driver to remove it, or cause it to be removed, from the highway, either under its own power or by being towed or carried or otherwise removed, as the peace officer may direct; and the owner or driver, as the case may be, shall comply with the requisition of the peace officer. Removal by peace officer of unsafe vehicle 66(2) Where the owner or driver of a vehicle does not, within a reasonable time, comply with the requisition of a peace officer made under subsection (1), the peace officer may cause the vehicle to be removed from the highway and to be taken to, and stored in, a suitable place; and all costs and charges for the removal, care, or storage, of the vehicle shall be a lien thereon and may be enforced in the manner provided in The Garage Keepers Act. 67 [Repealed] S.M. 1988-89, c. 14, s. 5 . WEIGHT RESTRICTIONS Definitions 68(1) The following definitions apply in this section. "class A highway" means (a) a non-provincial highway for which The City of Winnipeg is the traffic authority and that is not otherwise classified by a by-law enacted by the council of The City of Winnipeg; (b) a non-provincial highway that is (i) in a municipality outside The City of Winnipeg, or (ii) in a local government district, and is classified as a class A highway by a by-law enacted by the highway's traffic authority; and (c) a highway that is a provincial trunk highway, a provincial road, or a highway in unorganized territory, and is classified as a class A highway by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3). (« route de catégorie A ») "class A1 highway" means (a) a provincial trunk highway, except as otherwise provided by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3); (b) a non-provincial highway that is in a municipality or local government district and is classified as a class A1 highway by a by-law enacted by the highway's traffic authority; and (c) a highway that is a provincial road, or a highway in unorganized territory, and is classified as a class A1 highway by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3). (« route de catégorie A1 ») "class B highway" means (a) a non-provincial highway that is (i) in a municipality outside The City of Winnipeg, or (ii) in a local government district, and is not otherwise classified by a by-law enacted by the highway's traffic authority; (b) a highway in unorganized territory, except as otherwise provided by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3); and (c) a highway that is a provincial trunk highway or a provincial road and is classified as a class B highway by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3). (« route de catégorie B ») "class B1 highway" means (a) a provincial road, except as otherwise provided by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3); (b) a non-provincial highway that is in a municipality or local government district and is classified as a class B1 highway by a by-law enacted by the highway's traffic authority; and (c) a highway that is a provincial trunk highway, or a highway in unorganized territory, and is classified as a class B1 highway by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3). (« route de catégorie B1 ») "class C highway" means (a) a non-provincial highway that (i) is in a municipality outside The City of Winnipeg, (ii) was deemed to be a class C highway by subsection (12), and (iii) is not otherwise classified by a by-law enacted by the highway's traffic authority; (b) a non-provincial highway — other than one referred to in clause (a) — that is (i) in a municipality outside The City of Winnipeg, or (ii) in a local government district, and is classified as a class C highway by a by-law enacted by the highway's traffic authority; and (c) a highway that is a provincial trunk highway, a provincial road, or a highway in unorganized territory, and is classified as a class C highway by a regulation made under subsection (3) or an order made under subsection (3.2) or (3.3). (« route de catégorie C ») "highway in unorganized territory" means a highway in unorganized territory for which the minister is the traffic authority. (« route située en territoire non organisé ») "non-provincial highway" means a highway other than a provincial trunk highway, a provincial road, or a highway in unorganized territory. (« route non provinciale ») "provincial road" has the same meaning as in The Transportation Infrastructure Act . (« route provinciale secondaire ») "provincial trunk highway" has the same meaning as in The Transportation Infrastructure Act . (« route provinciale à grande circulation ») "traffic authority" does not include the owner of privately owned land on which a highway is located. (« autorité chargée de la circulation ») Vicarious responsibility 68(2) For the purposes of this section a person shall be conclusively deemed to have caused or permitted a vehicle to be driven or moved if the vehicle is driven or moved by another person who (a) is the employee or agent of the person first mentioned; and (b) while driving or moving the vehicle, is acting within the general scope of his employment. Regulations 68(3) The Lieutenant Governor in Council may make regulations respecting vehicles or classes or combinations of vehicles operating on highways or classes of highways, including regulations (a) prescribing permissible vehicle width, height and length, and permissible projections and overhangs of and from loads; (b) respecting permissible (i) gross vehicle weights and axle loadings, (ii) weights of tires, axles or wheels, (iii) numbers of axles or wheels, (iv) axle spacings, (v) weights on axle groups, and (vi) weights according to wheelbase, for vehicles, classes of vehicles or combinations of vehicles; (c) respecting the method of determining wheelbase; (d) respecting the standards for signs and equipment and types of oversize or overloaded vehicles with respect to which pilot or escort vehicles are, as a term of a permit under section 87, required to be used; (e) respecting the measurement of vehicle weight and the provision of satisfactory evidence of vehicle weight; (f) prescribing means of vehicle identification to be used in addition to number plates; (g) for the purpose of the classes of highway defined in subsection (1), classifying or reclassifying a highway for which the minister is the traffic authority; (h) subdividing or establishing a class of highways and designating a highway as within the subdivision or class; (i) exempting vehicles or classes of vehicles from regulations made under this subsection; (j) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section. Validation 68(3.1) The regulation entitled " Vehicle Weights and Dimensions on Classes of Highway Regulation " made by the Lieutenant Governor in Council on December 14, 1988 is validated and is deemed to have been lawfully made on December 14, 1988. Delegation of power under subsection (3) 68(3.2) When (a) in the exercise of a power conferred under clause (3)⁠(b), (g), (h) or (i), the Lieutenant Governor in Council considers it advisable that (i) a period be established when, or (ii) an area be designated in which or a similar thing be done having the effect that, a regulation made under any of those clauses applies only during the period or in the area or applies in a different manner during the period or in the area; and (b) the exercise of the power contemplates the existence of circumstances, such as climatic or other environmental factors, that are not ordinarily known in sufficient time to permit notice of the establishment or designation or other thing to be given by way of a regulation registered and published under The Statutes and Regulations Act ; the Lieutenant Governor in Council may in a regulation made under clause (3)⁠(b), (g), (h) or (i) provide that the period be established or area be designated for a specified time, or that the other thing be done, by order of the minister or the minister's delegate. Variation of permissible weights and highway classifications by minister 68(3.3) Despite subsection (3), the minister or the minister's delegate may by order, in respect of a highway for which the minister is the traffic authority, (a) decrease or increase any of the permissible weights, loadings, spacings or other vehicle characteristics referred to in clause (3)⁠(b) for a period of six months or less to take into account the effect of climatic or other environmental factors on the weight-bearing capability and durability of highways; or (b) reclassify the highway for a period of two years or less for any reason. Who the minister's delegate may be 68(3.4) The minister may designate an employee of the department as the minister's delegate for the purpose of exercising the powers set out in subsection (3.2) or (3.3). Order must state effective period 68(3.5) An order made under subsection (3.3) must state the period during which the decrease, increase or reclassification is to be in effect. Statutes and Regulations Act does not apply 68(3.6) The Statutes and Regulations Act does not apply to an order made by the minister or the minister's delegate under subsection (3.2) or (3.3). Publication of orders 68(3.7) Without delay after an order is made for the purpose of subsection (3.2) or (3.3), it must be published by posting a copy on the department's website, along with a statement of the time and date of its posting. When orders come into force 68(3.8) An order made under subsection (3.2) or (3.3) comes into force at the time of its posting in the manner set out in subsection (3.7) unless a later time is specified in the order. Publication constitutes notice of order 68(3.9) Publication of an order in the manner set out in subsection (3.7) is notice of the order to all persons. Regulations and orders may be general or particular 68(3.10) A regulation made under subsection (3) and an order made under subsection (3.2) or (3.3) (a) may be general or particular in its application; (b) may provide for different requirements during different periods or seasons of the year; (c) may apply in whole or in part to one or more classes or types of vehicles or classes of persons to the exclusion of others; and (d) may apply to all or any part of the province and to all or any portion of a highway. Precedence of orders under subsection (3.2) or (3.3) 68(3.11) When the provisions of an order made under subsection (3.2) or (3.3) are inconsistent with a regulation made under subsection (3), the order takes precedence to the extent of the inconsistency. Breach of weights and dimensions regulations 68(4) Except under the authority of a permit issued under section 87, no person shall operate or move, or permit or cause to be operated or moved, a vehicle or combination of vehicles on or over any class of highway or part thereof, in contravention of the regulations respecting (a) permissible width, height and length of vehicles or classes of vehicles, and projections and overhangs of and from loads; (b) permissible gross vehicle weights and axle loadings, weights of any tire, axles or wheels, number of axles or wheels, spacings of axles, the weights on axle groups and weights according to wheelbase for any class of vehicles or combination of vehicles; or (c) the standards for signs and equipment and types of oversize or overloaded vehicles with respect to which pilot or escort vehicles are, as a term of a permit under section 87, to be used. Contravention of an order 68(4.1) Except under the authority of a permit issued by the minister under section 87, no person shall (a) operate or move a vehicle or combination of vehicles on a highway or portion of a highway in contravention of an order made under subsection (3.2) or (3.3); or (b) cause or permit an action described in clause (a) to be done. 68(5) and (6) [Repealed] S.M. 1988-89, c. 14, s. 6. Classification by other traffic authorities 68(7) With the approval of the minister, the traffic authority of a highway — other than the minister — may, by by-law, classify all or a portion of the highway as any of the highway classes set out in subsection (1), except in the case of The City of Winnipeg which may classify all or a portion of a highway for which it is the traffic authority as being a class A1, class A, or B1 highway. 68(8) [Repealed] S.M. 2013, c. 24, s. 2 68(9) [Repealed] S.M. 2004, c. 30, s. 4 . 68(10) [Repealed] S.M. 1988-89, c. 14, s. 6. Signage 68(11) The traffic authority of a highway must, at each end of an affected length of highway, erect and maintain traffic control devices informing the public about (a) a change in the classification of the highway that results in a decrease in the permissible dimensions, weights, loadings, spacings or other vehicle characteristics of vehicles being operated or moved on the highway; or (b) a decrease, ordered under subsection (3.3), in the permissible weights, loadings, spacings or other vehicle characteristics of vehicles being operated or moved on the highway.

Former class B highways reclassified 68(12) Where, immediately before the twenty-first day of November, 1966, any highway was, under The Highway Traffic Act then in force, classified as a class B highway, that highway shall be deemed to be a class C highway as defined in subsection (1); and the relevant traffic authority shall cause to be erected traffic control devices as in a case to which subsection (11) applies. Offence: excess weight less than 2,000 kg 68(13) A person is guilty of an offence if, by an excess weight less than 2,000 kg, the person contravenes or fails to comply with (a) a provision of this section respecting vehicle or axle maximum gross weight or a provision respecting vehicle or axle maximum gross weight of a regulation or order made under this section; or (b) a condition respecting vehicle or axle maximum gross weight of a permit issued under section 87. Offence: excess weight of 2,000 kg or more 68(13.1) A person is guilty of an offence if, by an excess weight of 2,000 kg or more, the person contravenes or fails to comply with (a) a provision of this section respecting vehicle or axle maximum gross weight or a provision respecting vehicle or axle maximum gross weight of a regulation or order made under this section; or (b) a condition respecting vehicle or axle maximum gross weight of a permit issued under section 87. Penalty for excess weight 68(13.2) A person who commits an offence under subsection (13) or (13.1) is liable on summary conviction to a fine of $13.20 for each 50 kg, or portion of such a weight, by which the actual gross weight of the vehicle, a single axle or an axle group exceeds the maximum gross weight prescribed or permitted by the provision or condition. Calculation of overweight 68(14) In calculating a fine for an offence under clause (13)⁠(a) or (13.1)⁠(a), (a) where the evidence proving the gross weight of the vehicle was obtained from portable scales of a type approved for the purpose by the minister, no account shall be taken of 500 kilograms or 5 % of the maximum gross weight prescribed in the Act, regulations or restriction, whichever is the lesser; and (b) where the evidence proving the gross weight of the vehicle was obtained by a scale certified by a tester appointed under subsection 73(1), no account shall be taken of 500 kilograms or two per cent of the maximum gross weight prescribed in the Act, regulation, by-law or restriction, whichever is the lesser. 68(15) [Repealed] S.M. 1988-89, c. 14, s. 6. Application of section 86 68(16) When the provisions of an order, regulation, resolution or by-law validly made under section 86 are inconsistent with a regulation or order under this section, the order, regulation, resolution or by-law under section 86 takes precedence to the extent of the inconsistency. S.M. 1986-87, c. 14, s. 11 to 16; S.M. 1988-89, c. 14, s. 6 ; S.M. 2000, c. 35, s. 50 ; S.M. 2001, c. 19, s. 13 ; S.M. 2002, c. 40, s. 4 ; S.M. 2004, c. 8, s. 6 ; S.M. 2004, c. 30, s. 4 ; S.M. 2008, c. 3, s. 14 ; S.M. 2013, c. 24, s. 2 ; S.M. 2015, c. 43, s. 21 ; S.M. 2018, c. 10, Sch. B, s. 15 . Agreements re overweight and overdimensional vehicles 68.1(1) The minister may enter into an agreement with any person for the purpose of establishing fees payable by that person, on a one-time or recurring basis, in respect of the operation of an overweight or overdimensional vehicle on a provincial highway. Terms of agreement 68.1(2) The agreement may be made on terms and conditions the minister considers appropriate, but any fee established in the agreement must be in an amount that in the minister's opinion reasonably reflects (a) the incremental cost of highway deterioration caused by the operation of the overweight or overdimensional vehicle; or (b) the cost of infrastructure upgrades required to accommodate the operation of the overweight or overdimensional vehicle. Vehicle exempt from permit charges 68.1(3) A vehicle operated on a provincial highway in accordance with an agreement under this section is exempt from any charges prescribed in the regulations in respect of a permit issued under section 87. S.M. 2020, c. 21, s. 172 . 69 [Repealed] S.M. 2018, c. 10, Sch. B, s. 16 . Liability for damage by overweight vehicles 70 Where a person operates, or causes to be operated, upon a highway a vehicle in excess of the weight permitted by this Act or the regulations, and the vehicle causes damage to the highway or any part thereof, the owner and operator are jointly and severally liable to the traffic authority for the damage. S.M. 1988-89, c. 14, s. 7 ; S.M. 2018, c. 10, Sch. B, s. 17 . Prohibition of certain classes of vehicles 71(1) Where, at any time, conditions arise whereby, in the opinion of the minister, a highway is or is likely to be damaged by the operation of any class of vehicle, he may order an immediate discontinuance of the operation until such time as he permits it to be renewed. 71(2) [Repealed] S.M. 2002, c. 40, s. 5 . S.M. 2001, c. 43, s. 44 ; S.M. 2002, c. 40, s. 5 . Weighing of vehicles on order of peace officer 72(1) A peace officer may at any time stop and weigh, or cause to be weighed, any vehicle or any vehicle and load, on a highway; and, for that purpose, he may require that the vehicle be driven to any scale capable of weighing the vehicle and its load and which is available for use at the time of the demand made by the peace officer. Evidence of weight ascertained by portable scale 72(2) Notwithstanding subsections (1) and (9) and clause (10)⁠(b), in a prosecution for a violation of section 68, where a peace officer has purportedly signed a certificate certifying (a) that by the use of a portable scale of a type approved for the purpose by the minister, he weighed a vehicle and load; (b) that he determined the gross weight transferred to the road through any point or points of contact with the road; and (c) the gross weight of the vehicle and its load; the certificate is, subject to subsection (4), conclusive evidence of the weight specified therein without proof of the appointment, authority or signature of the person by whom the certificate was signed. Alternative weighing 72(3) Where a vehicle and its load is weighed using a portable scale of a type approved for the purpose by the minister, the peace officer weighing the vehicle and the load shall advise the person in charge of the vehicle that, in lieu of having weight determined with that scale, the person in charge of the vehicle may take the vehicle and its load, forthwith, to another scale capable of weighing the vehicle and its load and certified by a tester appointed under subsection 73(1); and the peace officer may take such steps as he considers necessary to insure that no alteration in the weight of the vehicle or its load occurs during the transit to the other scale. Limitation on certificate under subsection (2) 72(4) Where the person in charge of a vehicle takes a vehicle and its load to a scale in accordance with subsection (3) and has the vehicle and its load weighed thereat, the certificate signed pursuant to subsection (2) is not evidence of the weight of the vehicle and its load. Prohibition against dumping in transit 72(5) Where a person in charge of a vehicle takes the vehicle and its load to a scale in accordance with subsection (2) for the purpose of weighing the vehicle and its load on the scale, he shall not between the time that the vehicle is weighed as mentioned in subsection (2) and the time that it is weighed at the other scale under subsection (3), dump or vary the load on the vehicle. Orders to unload vehicle 72(6) The peace officer may require a driver to unload immediately such portion of the load as may be necessary to decrease the gross weight of the vehicle or the gross weight of a single axle or axle group, to the maximum therefor specified in this Act or the regulations. Removal of goods unloaded 72(7) Where part of the load of a vehicle has been unloaded as required by a peace officer and is not removed forthwith by or on behalf of the owner thereof, the minister may cause the goods so unloaded to be removed and stored at the expense of the owner; and the cost of the removal and storage shall be a debt due from the owner to 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 73(1) The minister may appoint one or more qualified persons as testers of scales and portable scales. Effect of certificate of tester 73(2) In a prosecution under this Act, a certificate purporting to be signed by a tester appointed under subsection (1) certifying the accuracy of a scale or portable scale is admissible in evidence as prima facie proof of the accuracy of the scale or portable scale on the date of the alleged offence, without proof of the person's appointment or signature, if the certificate is dated not more than two years before or after the alleged offence. S.M. 2001, c. 19, s. 15 . PART IV CONTROL OF TRAFFIC, SPEED, RULES OF THE ROAD, BICYCLES DIVISION I CONTROL OF TRAFFIC Application of Part 74(1) Unless the context otherwise requires, (a) the provisions of this Part relating to the operation of vehicles refer only to the operation of vehicles upon a highway; (b) this Part does not apply to persons, vehicles, and other equipment while actually engaged in highway construction or maintenance work upon, under, or over, the surface of a highway while at the site of the work, when it is reasonably necessary for the purposes of the construction or work that this Part be not complied with or be contravened; but it does apply to them when travelling to or from the site of the work; and (c) a person riding an animal or driving an animal-drawn vehicle upon a highway has all the rights, and is subject to all the duties, that a driver of a vehicle has under this Part. Situs of maintenance vehicles 74(2) Where, in order to do the maintenance work for which a machine or vehicle is being used, it is being driven, drawn, or propelled along a highway, it shall be deemed to be at the site of that maintenance work. Duty of caution 75 A pedestrian or the operator of a bicycle or power-assisted bicycle who is entering, crossing or proceeding along a highway shall, at all times, do so with due caution, care and attention, taking into account the traffic on the highway at the time. S.M. 2004, c. 30, s. 6 . TRAFFIC CONTROL AND HIGHWAY CLOSURE Peace officer or emergency responder may direct traffic 76(1) In the circumstances described in subsection (2), (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. 76.0.1(1) A peace officer may temporarily close a highway if the peace officer considers the use of the highway by drivers to be unsafe as a result of one or more of the following: (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 . Temporary traffic control devices for roadside assistance 76.0.2 In accordance with the regulations, the operator of a roadside assistance vehicle as defined in section 109.1 may place temporary traffic control devices on the highway while engaged in a roadside assistance activity prescribed under that section. S.M. 2025, c. 34, s. 2 . Peace officer may stop vehicles 76.1(1) A peace officer, in the lawful execution of his or her duties and responsibilities, may require the driver of a vehicle to stop, and the driver of the vehicle, when signalled or requested to stop by a peace officer who is readily identifiable as such, shall immediately come to a safe stop and remain stopped until permitted by the peace officer to depart. Offence and penalty 76.1(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000. or imprisonment for a term of not more than one year, or both. Additional penalty 76.1(3) In addition to imposing any penalty under subsection (2), the convicting judge or justice may (a) suspend the person's licence for a term of not more than one year; or (b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction, (i) the person does not hold a licence, or (ii) the person's licence is suspended or he or she is disqualified from holding a licence. Peace officer's authority — driver information 76.1(4) Without limiting the generality of subsection (1), a peace officer may, at any time when a driver is stopped, (a) require the driver to give his or her name, date of birth and address to the officer; (b) require the driver to produce his or her licence, and the vehicle's insurance certificate and registration card and any other document respecting the vehicle that the peace officer considers necessary; (c) inspect any item produced under clause (b); (d) request information from the driver about whether and to what extent the driver consumed alcohol or drugs before or while driving; (e) require the driver to go through a field sobriety test under section 76.2; (f) request information from the driver about whether and to what extent the driver is experiencing a physical or mental condition that may affect his or her driving ability; and (g) inspect the vehicle's mechanical condition and request information from the driver about it. Peace officer's authority — passenger information 76.1(5) For the purpose of enforcing any provision of this Act or the regulations, a peace officer may require a vehicle's passenger to give his or her name, date of birth and address to the officer. No right to counsel 76.1(6) A peace officer is not required to inform a driver or passenger of his or her right to counsel, or to give the driver or passenger the opportunity to consult counsel, before doing anything subsection (4) or (5) authorizes. Peace officer's authority unaffected 76.1(7) Nothing in this section limits or negates a peace officer's authority to request information from a driver or passenger or to make any observations of a driver or passenger that are necessary for the purposes of road safety enforcement. S.M. 1989-90, c. 4, s. 3 ; S.M. 2002, c. 40, s. 6 ; S.M. 2004, c. 11, s. 3 . Peace officer may conduct field sobriety test 76.2(1) On demand, a peace officer may require the driver of a vehicle to go through a field sobriety test if the peace officer reasonably suspects that the driver (a) has alcohol in his or her body; or (b) has in his or her body a drug or other substance of a kind or in a quantity that interferes or may interfere with his or her ability to drive. Driver must go through field sobriety test 76.2(2) The driver shall without delay go through the test according to the peace officer's instructions. Regulations respecting field sobriety tests 76.2(3) The Lieutenant Governor in Council may make regulations respecting field sobriety tests, including, but not limited to, regulations (a) approving a test or group of tests as a field sobriety test; (b) respecting how peace officers are to conduct field sobriety tests. S.M. 2004, c. 11, s. 4 . CONTROL OF TRAFFIC BY TRAFFIC AUTHORITIES Erection of traffic control devices 77(1) The traffic authority of a highway must erect and maintain such traffic control devices as are reasonably necessary to make known to drivers of motor vehicles the speed limit on any part of a highway. The traffic control devices must be erected and maintained in such a way that they face traffic (a) entering the section of highway where the speed limit begins; and (b) at intervals, over the length of highway to which they apply. 77(2) [Repealed] S.M. 2018, c. 10, Sch. B, s. 19 . Signs on designated highways 77(3) In the case of a highway or portion thereof designated as a restricted speed area, it is sufficient compliance with subsection (1) if there is erected, at each end of the highway or portion thereof, (a) a sign facing traffic entering the designated highway or portion thereof and indicating that the speed limit is 50 km/h; and (b) a sign facing traffic leaving the designated highway or portion thereof and indicating that the speed limit to which reference is made in clause (a) is not thereafter applicable. Signs in restricted speed areas 77(4) Where, in a municipality that is otherwise wholly within a restricted speed area, there is or are one or more highways, (a) on which the speed limit is greater than or lower than 50 km/h; and (b) in respect of which traffic control devices are in place as required under subsection (1); it is a sufficient compliance with subsection (1) if there are erected, at each point where a highway to which clause (a) applies crosses the boundary of the municipality, (c) a sign facing traffic entering the municipality, and indicating that the speed limit in the municipality is 50 km/h unless otherwise indicated; and (d) a sign facing traffic leaving the municipality, and indicating that the traffic is at that point leaving the municipality. Signs re speed limit in back lanes 77(5) If a speed limit has been fixed for back lanes in a municipality, the municipality is deemed to be in compliance with subsection (1) if the municipality erects a traffic control device, at each point where a highway crosses a municipal boundary, that indicates the speed limit in back lanes within the municipality. Signs re speed limit in parks, resorts or communities 77(6) If a speed limit has been fixed for a highway in a park, resort or community, the traffic authority is deemed to be in compliance with subsection (1) if it erects a traffic control device at every point at which the highway enters the park, resort or community, (a) facing traffic entering the park, resort or community and indicating the speed limit on the highway inside the park, resort or community; and (b) facing traffic leaving the park, resort or community and indicating the speed limit on the portion of the highway immediately outside the park, resort or community. 77(7) to (9) [Repealed] S.M. 2013, c. 21, s. 4 . Control of traffic by flag persons 77(10) A traffic authority may (a) authorize or direct a flag person to temporarily control traffic on a portion of a highway under the authority's jurisdiction; or (b) authorize or direct a person or entity to temporarily control traffic on a portion of a highway under the authority's jurisdiction by means of one or more flag persons. Observance of flag person's direction 77(11) Every driver of a vehicle must comply with the directions given by a flag person. S.M. 1986-87, c. 14, s. 17 ; S.M. 2001, c. 43, s. 44 ; S.M. 2004, c. 30, s. 7 ; S.M. 2013, c. 21, s. 4 ; S.M. 2018, c. 10, Sch. B, s. 19 ; S.M. 2021, c. 25, s. 3 . Definitions relating to safety in designated construction zones 77.1(1) The following definitions apply in this section. "designated construction zone" means a portion or length of highway (a) that is under construction; (b) where or in respect of which any reconstruction, widening, improvement, repairs or other similar work is being done, or is in progress, by or on behalf of the traffic authority of the highway; or (c) where or in respect of which work that is prescribed in the regulations is being done or is in progress. (« zone de construction désignée ») "traffic authority" does not include a person or entity, or a class of persons or entities, that is included in the definition "traffic authority" in subsection 1(1) but is excluded from this definition by regulation. (« autorité chargée de la circulation ») Required signage for designated construction zones 77.1(2) In accordance with the regulations, a designated construction zone must be identified by traffic control devices placed or erected at its beginning and end that (a) identify the portion or length of highway as a designated construction zone; and (b) identify the designated construction zone's beginning and end. Responsibility for required signage 77.1(3) The traffic authority of a highway is primarily responsible for identifying a designated construction zone on the highway but may (a) arrange for a person to place or erect traffic control devices on its behalf for the purpose of subsection (2); or (b) give permission for a person who is carrying on an activity in the designated construction zone to erect the traffic control devices. Additional signage for designated construction zones 77.1(4) When complying with subsection (2), the traffic authority, or a person referred to in clause (3)⁠(a) or (b), may place or erect traffic control devices in the designated construction zone (a) that are approved by regulation under this section or section 81, or authorized by the minister under section 81; and (b) that provide instructions or directions to persons travelling on the highway. Speed limit in a designated construction zone 77.1(5) The traffic authority of a highway — or a person referred to in clause (3)⁠(a) or (b) and authorized by the traffic authority for the purpose of this subsection — may, while a designated construction zone is identified on the highway in accordance with subsection (2), establish a speed limit in all or part of the designated construction zone that is lower than the speed limit otherwise provided for or fixed under this Act. How speed limit is established 77.1(6) For the purpose of subsection (5), the speed limit is established when the traffic authority — or a person authorized by it under subsection (4) — places or erects, in accordance with the regulations, traffic control devices stating the speed limit in the designated construction zone or in the part of the designated construction zone governed by the traffic control devices. When speed limit applies 77.1(7) The speed limit established under subsection (5) applies (a) whether or not workers are present in the designated construction zone or equipment is being used in it; and (b) at all hours of the day and on all days of the week, including holidays, unless a traffic control device states that it applies only at certain hours or on certain days, or both. Requiring alteration or removal of traffic control devices 77.1(8) The traffic authority of a highway may require a person who places or erects a traffic control device to alter it or remove it. Regulations 77.1(9) The minister may make regulations (a) approving traffic control devices for the purpose of this section; (b) requiring traffic authorities to place or erect specified traffic control devices for specified purposes in relation to designated construction zones; (c) governing the use of traffic control devices by traffic authorities for the purpose of this section; (d) respecting the safety of persons and vehicles in designated construction zones or other construction zones; (e) prescribing work for the purpose of clause (c) of the definition "designated construction zone" in subsection (1); (f) excluding a person or entity, or a class of persons or entities, from the definition "traffic authority" in subsection (1); (g) respecting any matter the minister considers necessary or advisable to carry out the purposes of this section. Application of regulations 77.1(10) A regulation made under subsection (9) may be general or particular in its application and may apply to the whole or any part of the province. S.M. 2013, c. 21, s. 5 ; S.M. 2018, c. 10, Sch. B, s. 20 . 78 [Repealed] S.M. 1996, c. 26, s. 8 . Erection of "stop" or "arrêt stop" signs 79(1) A traffic authority may erect a "stop" or "arrêt stop" sign at an intersection or level railway crossing within the area over which the traffic authority has jurisdiction. Illumination of "stop" or "arrêt stop" signs 79(2) Every "stop" or "arrêt stop" sign erected under subsection (1) shall be reflectorized and so placed as to be illuminated by the headlamps of an approaching vehicle. Traffic control devices to prohibit standing, etc. 79(3) A traffic authority may erect appropriate traffic control devices on any highway (a) to prohibit the stopping, standing, or parking of vehicles any time, or during hours stated on the traffic control devices, on the highway or any portion thereof; or (b) to limit the time during which the vehicles may be parked on the highway or any portion thereof, and either during the whole of any day or during a part thereof as the traffic authority may consider necessary. Erection of traffic control signals 79(4) A traffic authority may, at its discretion, erect and maintain traffic control signals of any of the kinds to which this section or section 88 applies at such places within the jurisdiction of the traffic authority as it may select. Erection of other traffic control devices 79(5) A traffic authority may erect, on or adjacent to any highway over which it has jurisdiction, such other traffic control devices, in addition to those specifically authorized or required under this Act, as are necessary or advisable for the control of traffic in a manner required, authorized, or permitted under this Act, or as are necessary to give effect to any by-law or order that the traffic authority has power to make. Temporary traffic control devices 79(6) 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 79.1(1) If a traffic authority uses its authority under subsection 79(6) to close a highway, 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 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 80 The existence on a highway of a sign, marking, poster, notice, or traffic control device such as is required or permitted by this Act, purporting to regulate the use of the highway in any manner, raises the prima facie presumption that the sign, marking, poster, notice, or traffic control device was duly erected and maintained by the proper authority pursuant to the power given by this Act and in accordance therewith. TRAFFIC CONTROL DEVICES Traffic control devices 81(1) A traffic authority other than the minister may erect a traffic control device on a highway only if the traffic control device and its use for the intended purpose is (a) approved by regulation under (i) subsection (2), (ii) subsection 77.1(9), or (iii) subsection 98.1(4); or (b) authorized under subsection (3). Regulations re traffic control devices 81(2) The minister may make regulations (a) approving traffic control devices; (b) respecting the erection, placement and maintenance of traffic control devices; and (c) respecting the purposes for which a traffic control device may be used. Time-limited authorization for testing 81(3) To test the efficacy of a traffic control device not approved under the regulations, the minister may authorize the device to be erected or placed on a highway and used for a period not exceeding one year. Exception for certain devices re school zones 81(4) Subsections (2) and (3) do not apply to traffic control devices that require approval under clause 98.1(4)⁠(b) or (c). S.M. 2001, c. 43, s. 44 ; S.M. 2012, c. 5, s. 2 ; S.M. 2013, c. 21, s. 6 ; S.M. 2018, c. 10, Sch. B, s. 22 . Imitative devices prohibited 82(1) No person shall erect or maintain, upon or in view of a highway, a device that purports to be, resembles, or interferes with the effectiveness of, a traffic control device unless he is authorized to do so by a traffic authority; and if such a device is erected or maintained without that authority, it may be removed by, or under the authority of, (a) the mayor, reeve, or chief constable of the municipality in which it is situated; or (b) the officer in command in Manitoba of the Royal Canadian Mounted Police Force; or (c) the minister where it is situated on a highway in respect of which the minister is the traffic authority; or the representative of any of them duly authorized by him for that purpose. 82(2) and (3) [Repealed] S.M. 2018, c. 10, Sch. B, s. 23 . S.M. 2001, c. 43, s. 44 ; S.M. 2018, c. 10, Sch. B, s. 23 . Advertising prohibited 83 No person shall place or maintain commercial advertising upon a traffic control device. No passing zones 84(1) A traffic authority may, by a traffic control device, designate all or a portion of a roadway as a zone in which overtaking and passing is prohibited or a zone limited to driving on the right-hand side of the roadway. One-way roadways 84(2) A traffic authority may, by a traffic control device, designate a roadway for one-way traffic and indicate the direction in which traffic thereon shall travel. Compliance with traffic control devices 85 Except when otherwise directed by a peace officer, every person shall obey the instructions or directions on, or conveyed by means of, an applicable traffic control device. TRAFFIC AUTHORITIES' JURISDICTION RE CONDITIONS OF USE OF HIGHWAYS Changes in use of highways and structures when the minister is the traffic authority 86(1) With or without conditions and in accordance with subsections (2) and (3), (a) the minister or the minister's delegate may by order, in respect of a highway for which the minister is the traffic authority or a structure forming part of the highway, (i) prohibit drivers from using the highway or structure, (ii) restrict drivers' use of the highway or structure, except as to permissible vehicle dimensions or weight, (iii) restrict the permissible dimensions of vehicles that use the highway or structure, or (iv) restrict or increase the permissible weight of vehicles that use the highway or structure, for a period of two years or less; and (b) the minister may by regulation (i) impose a prohibition or restriction described in any of subclauses (a)⁠(i) to (iv) in respect of a structure forming part of a highway for which the minister is the traffic authority, or (ii) impose a prohibition or restriction described in subclause (a)⁠(i) or (ii) in respect of a highway for which the minister is the traffic authority, for a period longer than two years. Who the minister's delegate may be 86(2) The minister may designate an employee of the department as the minister's delegate for the purpose of exercising the powers set out in clause (1)⁠(a). Order must state effective period 86(3) An order made under clause (1)⁠(a) must state the period during which the prohibition, restriction or increase is to be in effect. Statutes and Regulations Act does not apply 86(4) The Statutes and Regulations Act does not apply to an order made by the minister or the minister's delegate under clause (1)⁠(a). Publication of orders 86(5) Without delay after an order is made for the purpose of clause (1)⁠(a), it must be published by posting a copy on the department's website, along with a statement of the time and date of its posting. When orders come into force 86(6) An order comes into force at the time of its posting in the manner set out in subsection (5) unless a later time is specified in the order. Publication constitutes notice of order 86(7) Publication of an order in the manner set out in subsection (5) is notice of the order to all persons. Regulations by the minister 86(8) The minister may make regulations respecting prohibitions and restrictions under clause (1)⁠(b) that are effective for longer than two years. Changes re use of other highways and structures 86(9) With or without conditions and in accordance with subsection (10), a traffic authority other than the minister may, in respect of a highway under its authority or a structure forming part of the highway, (a) prohibit drivers from using, or restrict their use of, the highway or structure; (b) restrict the permissible dimensions of vehicles that use the highway or structure; or (c) restrict the permissible weights of vehicles that use the highway or structure. Action by municipal and other traffic authorities 86(10) When a municipality, a local government district or the council of a band, as traffic authority of a highway, imposes a prohibition or restriction under subsection (9), it must (a) if the prohibition or restriction is for two years or less, impose it by resolution; and (b) if the prohibition or restriction is for longer than two years, impose it by by-law. Resolution must state effective period 86(11) A resolution under clause (10)⁠(a) must state the period during which the prohibition or restriction is to be in effect. By-law increasing allowable weight 86(12) A municipality, a local government district or the council of a band, as the traffic authority of a highway, may, by by-law, increase the permissible weight of vehicles that use the highway or a structure forming part of it. 86(13) [Repealed] S.M. 2018, c. 10, Sch. B, s. 24 . Resolution or by-law affecting provincial highway 86(14) When the resolution or by-law of a traffic authority other than the minister affects a provincial highway, the resolution or by-law has no effect unless it is approved in writing by the minister or the minister's delegate, and the notice of approval is attached to and forms part of the resolution or by-law. Regulations, orders, by-laws and resolutions may be general or particular 86(15) A regulation, order, by-law or resolution made under this section (a) may be general or particular in its application; (b) may apply in whole or in part to one or more classes or types of vehicles or classes of persons to the exclusion of others; and (c) in the case of (i) a regulation or order, may apply to all or any part of the province and to all or any portion of a highway or structure forming part of a highway, or (ii) a by-law or resolution, may apply to all or any part of the area over which the maker of the by-law or resolution has local government authority and to all or any portion of a highway or structure forming part of a highway. Signage 86(16) A traffic authority that imposes a prohibition or restriction under subsection (1) or (9) must erect and maintain traffic control devices warning the public about the prohibition or restriction. The devices must be erected and maintained (a) at each end of the affected length of highway; or (b) if the prohibition or restriction affects only a structure, at each approach to the affected structure. Barricades 86(17) A traffic authority that imposes a prohibition under subsection (1) or (9) must erect and maintain adequate barricades (a) at each end of the affected length of highway; or (b) if the prohibition affects only a structure, at each approach to the affected structure. Offence: excess weight less than 2,000 kg 86(18) A person is guilty of an offence if the person (a) drives or tows a vehicle; or (b) causes or permits a vehicle to be driven or towed; that, by an excess weight of less than 2,000 kg, exceeds the permissible weight set by an order, regulation, resolution or by-law made under this section. Offence: excess weight of 2,000 kg or more 86(19) A person is guilty of an offence if the person (a) drives or tows a vehicle; or (b) causes or permits a vehicle to be driven or towed; that, by an excess weight of 2,000 kg or more, exceeds the permissible weight set by an order, regulation, resolution or by-law made under this section. Penalty for excess weight 86(20) A person who commits an offence under subsection (18) or (19) is liable on summary conviction to a fine of $13.20 for each 50 kg, or fraction of that amount, by which the actual gross weight of the vehicle, a single axle or an axle group exceeds the maximum gross weight permitted by the order, regulation, resolution or by-law. Calculating fine based on excess weight 86(21) In calculating a fine for an offence under subsection (18) or (19), (a) if the evidence proving the gross weight of the vehicle was obtained from portable scales of a type approved for the purpose by the minister, no account shall be taken of 500 kg or 5% of the maximum gross weight allowed, whichever is less; and (b) if the evidence proving the gross weight of the vehicle was obtained by a scale certified by a tester appointed under subsection 73(1), no account shall be taken of 500 kg or 2% of the maximum gross weight allowed, whichever is less. Penalty re other contraventions 86(22) A person who contravenes or fails to comply with a prohibition or restriction imposed under subclause (1)⁠(a)⁠(i) or (ii), clause (1)⁠(b) or clause (9)⁠(a) or (b) is guilty of an offence and liable on summary conviction to the penalties set out in section 239. Vehicles driven or towed under permit 86(23) Despite subsections (18), (19) and (22), a person is not guilty of an offence if the person's contravention or failure to comply is condoned by a permit issued under section 87. Vicarious responsibility 86(24) For the purpose of this section, a person is deemed to have caused or permitted a vehicle to be driven or towed if it is driven or towed by someone who (a) is the person's employee or agent; and (b) while driving or towing the vehicle, is acting within the general scope of that employment or agency. S.M. 1988-89, c. 14, s. 9 ; S.M. 2002, c. 40, s. 7 ; S.M. 2004, c. 30, s. 8 ; S.M. 2008, c. 3, s. 15 ; S.M. 2013, c. 24, s. 3 ; S.M. 2013, c. 39, Sch. A, s. 61 ; S.M. 2015, c. 43, s. 21 ; S.M. 2018, c. 10, Sch. B, s. 24 . INSPECTION STATIONS Highway traffic inspection stations 86.1(1) The traffic authority of a highway may establish at any place on the highway a permanent or temporary inspection station. An inspection station must be identified by means of a traffic control device approved as required by section 81. Requirement to stop at inspection station 86.1(2) When an inspection station has been established and the proper traffic control device is displayed, the driver of a regulated vehicle, other than a bus, passing the traffic control device (a) must proceed directly to and stop at the station for inspection; and (b) must not proceed unless permitted to do so by the inspector or other person in charge of the station, or by a peace officer. When stop not required 86.1(3) Subsection (2) does not apply when the regulated vehicle is exempted by the regulations or the inspection station displays a sign indicating that it is closed. Co-operation by driver 86.1(4) A person who has taken a vehicle to scales or stopped a vehicle at an inspection station, as required under this section, must render such reasonable assistance to a peace officer or inspector in the weighing or inspection of the vehicle as the peace officer or inspector requires. S.M. 2013, c. 24, s. 3 ; S.M. 2018, c. 10, Sch. B, s. 25 . VEHICLES UNDER PERMIT Permits to move certain vehicles and property 87(1) After a request by a vehicle's owner or whenever the traffic authority of a highway considers it appropriate, the traffic authority may issue a permit authorizing a vehicle to be driven or property to be moved by a vehicle over, upon or along the highway although it is not otherwise permitted by this Act or the regulations. Meaning of "owner" for permit purposes 87(1.1) In this section, "owner" , in relation to vehicles, includes a person who, in the course of a business or other undertaking, engages the services of vehicles to carry property. Conditions on permits 87(2) The traffic authority may impose any conditions on a permit that it considers appropriate. If the traffic authority imposes a condition, the following persons shall comply with the condition: (a) the permit holder; (b) a person who operates a vehicle under the permit or the owner of such a vehicle; and (c) any other person who drives a vehicle or moves property under the permit.

Cancellation of permit 87(2.1) The traffic authority may cancel a permit if (a) the permit holder or any other person who operates, owns or drives a vehicle or moves property under the permit (i) fails to comply with a condition of the permit, or (ii) contravenes this Act, The Drivers and Vehicles Act or The Manitoba Public Insurance Corporation Act or the regulations under any of those Acts; or (b) the permit holder fails to pay a fee required to be paid in respect of the permit. Notice of cancellation 87(2.2) After a permit is cancelled, the traffic authority shall notify the permit holder about the cancellation by ordinary mail sent to the mailing address the permit holder has given the traffic authority. Section 276 not to apply 87(2.3) Section 276 (notice of cancellation) does not apply to a permit issued under this section. Peace officer's demand re permit 87(3) After a demand from a peace officer, a person who drives a vehicle or moves property under a permit issued under this section shall produce the permit for the officer's inspection or, if the person is not carrying the permit, give the officer the permit number. Detention and removal of vehicles and property 87(4) Where a vehicle or property in respect of which a permit is issued under subsection (1) is driven or moved over, upon, or along, a highway in contravention of conditions imposed in granting the permit, a peace officer may detain the vehicle or property and may remove it, or cause it to be removed, from the highway at the expense of the owner thereof. Actions for damages prohibited 87(5) No action lies against a peace officer or against the government or a municipality for loss or damage suffered by any person resulting from the enforcement of, or compliance with, subsection (4). Limited permits 87(6) A traffic authority may issue a permit under subsection (1) (a) authorizing the driving of a vehicle identified in the permit or the moving of property described in the permit (i) during one particular journey by a route specified in the permit, and (ii) during a period specified in the permit or without limitation as to time; or (b) authorizing the driving of vehicles or the moving of property of a kind or nature specified in the permit, during such period as may be specified in the permit or without limitation as to time. Permit charges 87(7) A person who wishes to obtain a permit under this section or, if applicable, who holds a permit issued under this section, shall pay the traffic authority the charge specified in the regulations. 87(8) [Repealed] S.M. 2002, c. 40, s. 8 . S.M. 2002, c. 40, s. 8 ; S.M. 2004, c. 8, s. 7 ; S.M. 2005, c. 37, Sch. B, s. 26 . TRAFFIC CONTROL SIGNALS Compliance with traffic control signals 88(1) Every driver and every pedestrian shall obey the instructions of a traffic control signal in accordance with this section, unless directed to do otherwise by a peace officer. Exception for separate signal assembly for left turn 88(1.1) Notwithstanding anything in this section, when there is a signal assembly at an intersection for the left turn movement of vehicles that is separate from the signal assembly for the through and right turn movement of vehicles, the driver of a vehicle at or approaching the intersection and intending to turn left shall obey the instructions of the traffic control device governing the left turn movement of vehicles only. Crossing in crosswalks 88(2) Where, at any place on a highway, it is permissible for a pedestrian to cross the highway, he shall do so in the crosswalk, if any, that is established at that place. Green traffic control light at intersections 88(3) When a green traffic control light alone, either steady or flashing, is shown at an intersection by a traffic control signal, (a) the driver of a vehicle at or approaching the intersection and facing the light, subject to section 132 and a traffic control device prohibiting any such movement, (i) may (A) proceed across the intersection or turn left or right, or (B) to make a left turn, establish the vehicle in the intersection just before the centre and complete the turn when it is safe, and (ii) shall yield the right-of-way to other traffic lawfully within the intersection or within an adjacent crosswalk at the time the light is shown; and (b) a pedestrian facing the light may proceed, as quickly as is reasonably possible, across the roadway in the direction of the traffic control signal, subject to any pedestrian control signal directing him or her otherwise, and while so proceeding across the roadway has a right-of-way over all vehicles. Green traffic control light not at intersections 88(4) When a green traffic control light alone is shown at a place other than an intersection by a traffic control signal, subject to section 132, (a) the driver of a vehicle at or approaching a facing the light (i) may proceed to pass the traffic control signal, and (ii) shall yield the right-of-way to any pedestrian still in the roadway or on a crosswalk adjacent to the traffic control signal when the green light begins to be shown; (b) a pedestrian facing the light may proceed as quickly as is reasonably possible across the roadway in the direction of the traffic control signal, subject to any pedestrian control signal directing him otherwise, and while so proceeding across the roadway has a right-of-way over all vehicles. Yellow traffic control light or arrow at intersection 88(5) When a yellow or amber traffic control light or arrow is being shown at an intersection by a traffic control signal following or accompanying a green traffic control light, (a) the driver of a vehicle at or approaching the intersection and facing the light or arrow shall not enter the intersection, unless he can leave it before a red traffic control light or such other signal as next follows, begins to be shown; and (b) a pedestrian, (i) if facing the light or arrow, shall not begin to cross the roadway until a pedestrian control signal or traffic control light permitting him to do so begins to be shown, and (ii) if proceeding across, and still in, the roadway and facing such a traffic control light or arrow that begins to be displayed after he entered the roadway, (A) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and (B) has a right-of-way for that purpose over all vehicles. Yellow traffic control light not at a controlled intersection 88(6) When a yellow or amber traffic control light is being shown at a place other than an intersection by a traffic control signal following or accompanying a green traffic control light, (a) the driver of a vehicle at or approaching and facing the light shall not proceed past the traffic control signal or enter the crosswalk, if any, adjacent to the traffic control signal unless he can leave the crosswalk, if any, and be past the traffic control signal before a red traffic control light, or such other signal as next follows, begins to be shown; (b) the pedestrian, if intending to cross the roadway, or to cross in a crosswalk, if any, adjacent to the traffic control signal, shall wait until either (i) the traffic control signal facing the vehicular traffic shows a red traffic control light, or (ii) a pedestrian control signal or traffic control light permitting him to cross the roadway adjacent to the traffic control signal is shown; and (c) a pedestrian, if proceeding across, and still in, the roadway and facing such a traffic control light that begins to be shown after he entered the roadway, (i) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and (ii) has a right-of-way for that purpose over all vehicles. Red traffic control light at intersection 88(7) When a red traffic control light alone or with a pedestrian control signal is shown at an intersection by a traffic control signal, subject to subsection (16), (a) the driver of a vehicle at or approaching the intersection and facing the light or signal, (i) shall stop the vehicle at a clearly marked stop line or, if none, then immediately before entering the crosswalk on the near side of the intersection or, if none, then immediately before entering the intersection, and (ii) shall not proceed until a traffic control light permitting the movement of the vehicle into the intersection is shown; (b) a pedestrian facing the light or signal shall not begin to cross the roadway until a pedestrian control signal or traffic control light permitting him to enter the roadway is shown; and (c) a pedestrian, if proceeding across, and still in, the roadway and facing such a traffic control light or signal that begins to be shown after he entered the roadway (i) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and (ii) has a right-of-way for that purpose over all vehicles. Completing left turn on red 88(7.1) Despite clause (7)⁠(a), a driver who has established his or her vehicle in an intersection to make a left turn, as permitted by paragraph (3)⁠(a)⁠(i)⁠(B), and is unable to complete the turn during the green or amber light phase, may complete it when the red traffic control light or such other signal as next follows is shown. Red traffic control light not at intersection 88(8) When a red traffic control light alone is shown at a place other than an intersection by a traffic control signal, (a) the driver of a vehicle at or approaching and facing the light (i) shall stop the vehicle at a clearly marked stop line or, if none, then immediately before entering the crosswalk on the near side of the light or, if none, then immediately before reaching the light, and (ii) shall not proceed until a traffic control light permitting him to pass the traffic control signal is shown; (b) a pedestrian facing the light shall not begin to cross the roadway until a pedestrian control signal or traffic control light permitting him to enter the roadway is shown; and (c) a pedestrian, if proceeding across, and still in, the roadway and facing such a traffic control light that begins to be shown after he entered the roadway (i) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and (ii) has a right-of-way for that purpose over all vehicles. Green arrow or green arrow with red light 88(9) When a green arrow traffic control light or a green arrow in conjunction with a red traffic control light, is shown at an intersection by a traffic control signal, (a) the driver of a vehicle at or approaching the intersection and facing the traffic control light or green arrow (i) may enter the intersection to make only (A) the movement indicated by the arrow, or (B) a U-turn if the green arrow indicates a left turn and there is no traffic control device prohibiting the movement, and (ii) shall yield the right-of-way to other traffic lawfully within the intersection or within a crosswalk adjacent to the traffic control signal; and (b) a pedestrian facing the traffic control light or arrow shall not begin to cross the roadway until a pedestrian control signal or traffic control signal permitting him to enter the roadway is shown. Red flashing traffic control light at intersection 88(10) When a red flashing traffic control light is shown at an intersection by a traffic control signal, (a) the driver of a vehicle at or approaching the intersection and facing the light shall stop the vehicle (i) where there is no crosswalk, at a clearly marked stop line, or (ii) before entering the crosswalk marked out by lines, on the near side of the intersection, or (iii) when there is neither a stop line nor a marked out crosswalk, at the point nearest the intersecting highway from which the driver has a view of approaching traffic on the intersecting highway, and, having stopped, he shall yield the right-of-way to traffic that has entered the intersection upon the intersecting highway or that is approaching thereon and is so close that it constitutes an immediate hazard; and he shall not proceed unless he can do so in safety; and (b) a pedestrian facing the light may proceed across the roadway, and has a right-of-way for that purpose over all vehicles. Red flashing traffic control light not at intersection 88(11) When a red flashing traffic control light is shown at a place other than an intersection by a traffic control signal, (a) the driver of a vehicle at or approaching and facing the light (i) shall stop the vehicle at a clearly marked stop line or, if none, then immediately before reaching the crosswalk on the near side of the light or, if none, then immediately before reaching the traffic control signal, and (ii) having stopped, shall yield the right-of-way to all pedestrians in the roadway or in a crosswalk adjacent to the traffic control signal, and (iii) having yielded, shall not proceed unless he can do so in safety; and (b) a pedestrian facing the light may proceed across the roadway, and has a right-of-way for that purpose over all vehicles. Yellow flashing traffic control light at an intersection 88(12) When a yellow or amber flashing traffic control light is shown at an intersection by a traffic control signal, (a) the driver of a vehicle at or approaching the intersection and facing the light (i) may enter the intersection only with caution, and (ii) shall yield the right-of-way, stopping if necessary, to a pedestrian (A) who is within the intersection or a crosswalk adjacent to the traffic control signal, or (B) who is crossing a roadway within a crosswalk and is upon the half of the roadway upon which the vehicle is travelling, or is approaching from the other half of the roadway and is so close that he is in danger; and (b) a pedestrian facing the light may proceed across the roadway, and has a right-of-way for that purpose over all vehicles. Yellow flashing traffic control light not at intersection 88(13) When a yellow or amber flashing traffic control light is shown at a place other than an intersection by a traffic control signal, (a) the driver of a vehicle at or approaching and facing the light, (i) may pass the traffic control signal only with caution, and (ii) shall yield the right-of-way, stopping if necessary, to a pedestrian (A) still in the roadway or who is within a crosswalk adjacent to the traffic control signal, or (B) who is crossing a roadway within a crosswalk and is upon the half of the roadway upon which the vehicle is travelling, or is approaching from the other half of the roadway and is so close that he is in danger; and (b) a pedestrian facing the light may proceed across the roadway, and has a right-of-way for that purpose over all vehicles. Action of pedestrian when "walk" or "traversez" is shown 88(14) When the word "walk" or "traversez" or a visual symbol indicating that a person may proceed to cross the roadway is shown by a pedestrian control signal, a pedestrian facing the signal may proceed across the roadway in the direction of the signal and while so proceeding across the roadway has a right-of-way over all vehicles. "Wait" or "attendez", etc., pedestrian control signal 88(15) When a traffic control light exhibiting the word "wait" or "don't walk" or "attendez", or a visual symbol indicating that pedestrians are to wait, is shown by a pedestrian control signal in a steady or flashing mode, (a) a pedestrian facing the traffic control light shall not begin to cross the roadway until the word "walk" or "traversez" or a visual symbol indicating that pedestrians may proceed, is shown by the pedestrian control signal; and (b) a pedestrian, if proceeding across, and still in, the roadway and facing a traffic control light exhibiting the word "wait" or "don't walk" or "attendez", or a visual symbol indicating that pedestrians are to wait, that begins to be shown after he entered the roadway, shall proceed across the roadway or, in the case of a divided highway, both roadways as quickly as is reasonably possible; and he has a right-of-way for that purpose over all vehicles. Right turn on red light 88(16) Except where there is at the intersection a traffic control device indicating otherwise, where a red traffic control light alone or with a pedestrian control signal is shown at an intersection, the driver of a vehicle at or approaching the intersection and facing the traffic control light, having stopped and yielded the right-of-way to traffic that had entered the intersection upon the intersecting highway or that is approaching thereon and is so close that it constitutes an immediate hazard, may, if he can do so in safety, enter the intersection and make a right turn into the intersecting highway. Flashing green arrow 88(17) When a flashing green left pointing arrow traffic control light, in conjunction with a green traffic control light, is shown at an intersection by a traffic control signal, (a) the driver of a vehicle at or approaching the intersection and facing the flashing green arrow (i) may proceed across the intersection or turn right, subject to a traffic control device prohibiting any such movement, (ii) may proceed through the intersection to make (A) a left turn, or (B) subject to a traffic control device prohibiting any such movement , a U-turn, and (iii) shall yield the right-of-way to other traffic lawfully within the intersection or within an adjacent crosswalk at the time the light is shown; and (b) a pedestrian facing the flashing green arrow shall not begin to cross the roadway until a pedestrian control signal or traffic control signal permitting him to enter the roadway is shown. Entering or crossing intersections with traffic control lights 88(18) Notwithstanding any other provision of this Act, no driver of a vehicle shall enter or proceed across an intersection controlled by a traffic control light which, at the time, permits the movement, unless there is sufficient space on the other side of the intersection to accommodate the vehicle without obstructing the passage of pedestrians proceeding within a crosswalk or pedestrian corridor, or other traffic that, in either case, is proceeding or is permitted to proceed lawfully. Left turn on red light 88(19) Notwithstanding subsection (7), and except where there is at the intersection a traffic control device indicating otherwise, where a red traffic control light alone, or with a pedestrian control signal, is shown at an intersection of 2 one-way highways, the driver facing the red traffic control light and intending to make a left turn onto the other one-way highway shall (a) stop the vehicle at a clearly marked stop line, or if none, immediately before entering the crosswalk on the near side of the intersection or, if none, immediately before entering the intersection; (b) yield the right-of-way to traffic and pedestrians that had entered the intersection or that is approaching it and is so close as to constitute an immediate hazard; and (c) having yielded the right-of-way to all other traffic may, if he can do so in safety, enter the intersection and make a left turn into the other one-way highway. Red traffic control light with transit priority signal 88(20) When a red traffic control light in conjunction with a transit priority signal is shown at an intersection by a traffic control signal, (a) the driver of a public transit vehicle at or approaching the intersection may enter the intersection and (i) shall yield the right-of-way to other traffic lawfully within the intersection or within an adjacent crosswalk at the time the light is shown, and (ii) the driver of any other vehicle at or approaching the intersection and facing the light shall not enter the intersection until a traffic control light permitting him to do so is shown; and (b) a pedestrian (i) facing the light shall not begin to cross the roadway until a pedestrian control signal or traffic control light permitting him to do so is shown, and (ii) if proceeding across, and still in, the roadway and facing such a traffic control light that begins to be displayed after he entered the roadway, (A) shall proceed to, and remain at, the nearest sidewalk or safety zone until a pedestrian control signal or other traffic control signal permitting him to enter the roadway is shown, and (B) has a right-of-way for that purpose over vehicles. S.M. 1996, c. 26, s. 9 ; S.M. 2002, c. 40, s. 9 . BY MUNICIPAL AUTHORITY Certain municipal by-laws respecting motor vehicles prohibited 89 Except as in this Act otherwise provided, the council of a municipality shall not pass, enforce, or maintain any by-law (a) requiring from any owner of a motor vehicle or a driver, or a dealer who holds a valid dealer's permit under The Drivers and Vehicles Act , any tax, fee, licence, or permit for or on account of the ownership or use of motor vehicles; or (b) excluding any of such persons from the use of a highway, except any driveway, speedway, or road that has been expressly set apart, by by-law, for the exclusive use of horses and light carriages; or (c) that in any way affects the registration or numbering of motor vehicles; or (d) regulating the speed of motor vehicles on a highway; or (e) forbidding the use of any highway, contrary to or inconsistent with The Drivers and Vehicles Act or this Act; and any by-law, or the provisions thereof, contrary to this section is or are of no validity or effect. S.M. 2005, c. 37, Sch. B, s. 27 . Making of certain rules and by-laws by traffic authorities 90(1) A traffic authority may classify vehicles according to dimensions, design, weight, kind of weight carried or otherwise, for any class or all classes of vehicles and may make rules or by-laws supplementary to, or in addition to, but not contrary to, any provision of this Act, The Drivers and Vehicles Act or the regulations under either Act and applicable on highways over which the traffic authority has jurisdiction or within any area over which the traffic authority has jurisdiction, with respect to (a) parking, stopping and standing of vehicles and bicycles; (b) obstruction of traffic; (c) one-way streets or one-way roadways; (d) prescribing routes of travel, including prohibiting certain traffic from travelling on certain routes of travel or requiring certain traffic to travel only on certain routes of travel; (e) pedestrian traffic including pedestrian corridors; (f) loading zones and bus stops; (g) safety zones; (h) preventing drivers of motor vehicles from making unnecessary noise in the vicinity of hospitals; (i) preventing turning otherwise than at intersections, and otherwise regulating such turning; (j) traffic on streets in the vicinity of public schools; (k) traffic at intersections; (l) traffic lanes, including prohibiting certain traffic from travelling on certain traffic lanes or requiring certain traffic to travel only on certain traffic lanes; (m) [repealed] S.M. 1988-89, c. 14, s. 10 ; (n) the directions that vehicles or bicycles must follow on certain streets or roadways; (o) any matter that is prescribed in the regulations; and may impose penalties for a violation of any such rule or by-law. Penalty to be imposed by by-law 90(2) Where the traffic authority imposing a penalty under subsection (1) is a municipality, the council of the municipality shall impose the penalty by by-law. Rules affecting provincial highways 90(3) Notwithstanding subsection (1), the council of an urban municipality may make rules or by-laws as provided in subsection (1) applicable to any part of a provincial highway within the municipality; but no such rule or by-law has effect unless approved in writing by the minister or the minister's delegate, and the notice of approval is attached to and forms part of the rule or by-law. Withdrawal of approval 90(4) The minister or the minister's delegate may, by a notice in writing, withdraw an approval given under subsection (3), and the withdrawal is effective and any rule or by-law previously approved thereunder is void on and from the date set out in the notice. Notice of rules and by-laws 90(5) Subject to the regulations, a traffic authority that has made a rule or by-law under subsection (1) or (3) must indicate the rule or by-law, or make it known, by traffic control devices or peace officers. Nature of traffic control device 90(6) Subject to section 81, a traffic control device to which reference is made in subsection (5) shall consist of a sign containing a verbal notice, command, caution, or warning, or of a representation of an arrow or other symbol or device, or both. Compliance with rules and by-laws 90(7) Where a rule or by-law made under subsection (1) is indicated or made known to drivers as required by subsection (5), every driver shall obey the rule or by-law, except when directed to do otherwise by a peace officer. Supplementary rules and by-laws 90(8) A rule or by-law made under subsection (1) may supplement section 88 by authorizing traffic control signals showing traffic control lights and signals for which provision is not made in that section; but, no such rule or by-law shall alter, or purport to alter, the meaning or effect required, under this Act, to be given to a traffic control light or signal for which provision is made in section 88, or alter, or purport to alter, the manner in which drivers and pedestrians shall comply with such a traffic control light or signal. Powers of minister 90(9) The minister has, with respect to (a) provincial highways; and (b) forest reserves owned or administered by 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 91 When a municipality establishes a safety zone, it shall cause the zone to be so plainly marked or indicated by proper signs and lights as to be plainly visible at all times. 92 [Repealed] S.M. 2004, c. 30, s. 9 . Municipal by-laws prohibiting standing, etc. 93(1) The council of a municipality by which a traffic control device has been erected under subsection 79(3) may, by by-law (a) provide that no person shall stop, stand, or park a vehicle on the highway or portion thereof to which the sign relates in contravention of the traffic control device or for a period longer than, or otherwise than, as authorized by the traffic control device; (b) provide that any person who causes or permits a vehicle to remain stationary in any portion of a highway during a period when stopping on that portion thereof is prohibited as indicated by a traffic control device is guilty of an offence; and (c) impose penalties for any breach of the by-law. Residential parking permits 93(2) The council of a municipality may by by-law provide for the issuance of permits to allow persons, subject to such conditions and restrictions as the by-law may provide, to park their motor vehicles on the highway notwithstanding any specific prohibitions or restrictions on parking of vehicles on that highway, as indicated by traffic control devices. S.M. 1987-88, c. 23, s. 9 ; S.M. 1996, c. 26, s. 11 . 94 [Repealed] S.M. 2021, c. 5, s. 13 . DIVISION II SPEED RESTRICTIONS RESTRICTED SPEED AREAS Designation of restricted speed areas 94.1(1) Subject to clause (2)⁠(b), the following are designated as restricted speed areas: (a) the City of Winnipeg; (b) an urban municipality; (c) a local urban district established or continued under The Municipal Act ; (d) any other geographic area, highway or portion of a highway designated as a restricted speed area under the regulations. Minister's powers re restricted speed areas 94.1(2) The minister may, by regulation, (a) designate any geographic area, highway or portion of a highway as a restricted speed area; and (b) exempt any geographic area, highway or portion of a highway from being a restricted speed area. Designation or exemption 94.1(3) A designation or exemption under subsection (2) (a) may be permanent or limited to certain times of the year; and (b) applies to all roadways on the applicable portion of a highway unless the regulation states otherwise. S.M. 2018, c. 10, Sch. B, s. 27 . SPEED LIMITS Speed limits — general rule 94.2 The speed limit on any portion of a highway is 50 km/h within a restricted speed area and 90 km/h outside a restricted speed area, unless (a) a different speed limit has been fixed under section 94.3; or (b) the portion of the highway is a service road, in which case the speed limit is as determined under section 94.4. S.M. 2018, c. 10, Sch. B, s. 27 . Minister may fix speed limit 94.3(1) The minister may, by regulation, (a) fix a speed limit for any geographic area, highway or portion of a highway for which the minister is the responsible traffic authority; and (b) at the request of a traffic authority other than the minister, fix a speed limit of more than 90 km/h for any geographic area, highway or portion of a highway for which that traffic authority is responsible. Traffic authority may fix speed limit 94.3(2) Subject to the regulations, a traffic authority other than the minister may fix, by rule or by-law, a speed limit of up to 90 km/h for any geographic area, highway, or portion of a highway for which it is the responsible traffic authority. Speed limit fixed by minister prevails 94.3(3) A speed limit established under clause (1)⁠(b) prevails over any speed limit established under subsection (2). Application to different roadways on same highway 94.3(4) A speed limit fixed under subsection (1) or (2) applies to all roadways on the affected portion of a highway except a service road, unless the applicable regulation, rule or by-law states otherwise. S.M. 2018, c. 10, Sch. B, s. 27 ; S.M. 2021, c. 48, s. 18 ; S.M. 2021, c. 48, s. 18 . Service roads 94.4 The speed limit on any portion of a service road is the one fixed for that portion under section 94.3 or, if no speed limit has been fixed, the lesser of (a) the speed limit on the primary roadway on the same portion of highway as the service road; and (b) 50 km/h if the service road is inside a restricted speed area and 90 km/h if the service road is outside a restricted speed area. S.M. 2018, c. 10, Sch. B, s. 27 . Designated construction zones and school zones 94.5 Despite any other provision in this Act, the speed limit on any portion of a highway within (a) a designated construction zone is the speed limit established for that portion of highway under section 77.1, if one has been established under that section; and (b) a school zone is the speed limit established for that portion of highway under section 98.1, if one has been established under that section. S.M. 2018, c. 10, Sch. B, s. 27 . Speeding offences 95(1) A person is guilty of an offence if the person drives a vehicle on any portion of a highway (a) at a speed greater than 90 km/h if no speed limit has been indicated by a traffic control device; (b) at a speed greater than the speed limit for that portion of the highway indicated by a traffic control device; (c) in a designated construction zone at a speed greater than the speed limit for that portion of the highway indicated by a traffic control device; or (d) in a school zone at a speed greater than the speed limit for that portion of the highway indicated by a traffic control device. Duty to keep reasonable and prudent speed 95(2) Despite driving at a speed less than or equal to the speed limit, a person is guilty of an offence if the person drives a vehicle on any portion of a highway at a speed or in a manner that (a) is not reasonable and prudent having regard to all circumstances; or (b) constitutes or may constitute a danger to any person on or near the highway. S.M. 2004, c. 30, s. 10 ; S.M. 2012, c. 5, s. 3 ; S.M. 2013, c. 21, s. 7 ; S.M. 2018, c. 10, Sch. B, s. 27 . 96 to 98 [Repealed] S.M. 1989-90, c. 4, s. 4 ; S.M. 1991-92, c. 25, s. 35 ; S.M. 2012, c. 5, s. 4 ; S.M. 2018, c. 10, Sch. B, s. 28 . Speed limits in school zones 98.1(1) By making a by-law in accordance with the regulations, a traffic authority, or another local government entity prescribed in the regulations, may establish the speed limit for vehicles being driven in a school zone on a highway, including a provincial highway, that is within the geographical boundaries of the traffic authority's traffic jurisdiction or the entity's local government jurisdiction. The speed limit established under this section may be lower than the speed limit for the portion of highway containing the school zone provided for or fixed under another provision of this Act. Designating school zones 98.1(2) In accordance with the regulations, a traffic authority, or another local government entity prescribed in the regulations, may designate school zones on highways, including provincial highways, that are within the geographical boundaries of the traffic authority's traffic jurisdiction or the entity's local government jurisdiction. Complying with school zone speed limit 98.1(3) If the existence of a school zone and the speed limit in it are indicated to drivers by traffic control devices erected in accordance with the regulations, a person must not drive a vehicle in the school zone at a speed greater than the speed limit established in accordance with subsection (1). Regulations about school zones 98.1(4) The Lieutenant Governor in Council may make regulations (a) respecting the exercise by a traffic authority or local government entity of the powers set out in subsections (1) and (2), including (i) authorizing local government entities other than traffic authorities to exercise the powers set out in subsections (1) and (2), (ii) prescribing restrictions that apply to the exercise of the power to (A) designate portions of highways as school zones, or (B) establish the speed limits for vehicles being driven in school zones, (iii) imposing requirements with which a traffic authority or local government entity must comply (A) when it designates a portion of a highway as a school zone, which may include the requirement that the traffic authority must make the designation under a by-law, and (B) for the designation to continue, and (iv) imposing requirements with which a traffic authority or local government entity must comply (A) when it establishes the speed limit for vehicles being driven in a school zone, and (B) for the speed limit to continue to apply to the school zone; (b) approving traffic control devices for the purposes of (i) identifying school zones, and (ii) indicating to drivers the speed limit for vehicles being driven in those school zones; (c) authorizing traffic authorities and local government entities to erect traffic control devices approved by a regulation made under clause (b) and prescribing requirements with which they must comply regarding the erection, placement and maintenance of the devices; (d) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section. Application of regulations 98.1(5) A regulation made under subsection (4) may be general or particular in its application and may apply to the whole or any part of the province. Conflict 98.1(6) If there is a conflict between the speed limit established for a school zone under this section and a speed limit established under any provision of this Act, the speed limit established under this section prevails. Meaning of "traffic authority" 98.1(7) In this section, "traffic authority" does not include the minister or the owner of privately owned land on which a highway is located. S.M. 2012, c. 5, s. 5 ; S.M. 2018, c. 10, Sch. B, s. 29 ; S.M. 2021, c. 4, s. 17 . Determination of speed on guilty pleas 99 If a person pleads guilty to an offence under subsection 95(1), the report of a peace officer as to the speed at which the person accused was driving the vehicle at the time the offence was committed, as determined by a speedometer or a speed timing device, is prima facie proof of the speed at which the accused was driving the vehicle. S.M. 2018, c. 10, Sch. B, s. 30 . Regulations re minimum speed 100(1) For any highway or portion of a highway, the minister may fix a minimum permitted speed by regulation. 100(2) [Repealed] S.M. 2018, c. 10, Sch. B, s. 31 . Erection of traffic control devices 100(3) If the minister makes a regulation under subsection (1), the traffic authority shall erect and maintain "Stop" or "Arrêt Stop" signs, "Yield" or "Cédez le passage" signs, or traffic control devices at the intersection of all other highways with the highway or portion thereof to which the regulation applies, and shall erect and maintain at each end of the highway or the portion thereof to which the order applies and along the highway or portion thereof at intervals of not more than 4 kilometres, signs indicating the minimum permitted speed. Order of peace officer directing increased speed 100(4) Where the driver of a motor vehicle is driving at such a slow speed that he is impeding or blocking the normal and reasonable flow of traffic or is driving at a rate less than the minimum fixed under subsection (1), a peace officer may require him to increase his rate of speed or to remove the vehicle from the highway. S.M. 2018, c. 10, Sch. B, s. 31 . 101 [Repealed] S.M. 2018, c. 10, Sch. B, s. 32 . Compliance with minimum speed requirement 102 No person shall drive a motor vehicle on a highway in respect of which a regulation has been made under subsection 100(1), and in respect of which traffic control devices have been erected and are maintained as required under subsection 100(3), at a rate of speed less than the minimum permitted speed fixed for that highway or portion thereof, unless (a) the driver is impeded by other traffic travelling on the highway or by the condition of the highway or the weather; or (b) the driver is decelerating in compliance with the instructions on a traffic control device erected on the highway; or (c) the driver is decelerating for the purpose of turning from the highway or stopping in compliance with the provisions of this Act; or (d) the driver is complying with the order of a peace officer. S.M. 2018, c. 10, Sch. B, s. 33 . 103 to 105 [Repealed] S.M. 1993, c. 48, s. 68 ; S.M. 1996, c. 58, s. 455 ; S.M. 2001, c. 43, s. 44 ; S.M. 2012, c. 40, s. 60 ; S.M. 2018, c. 10, Sch. B, s. 33 ; S.M. 2018, c. 10, Sch. B, s. 34 . EMERGENCY VEHICLES Operation of emergency vehicles 106(1) Notwithstanding anything in this Part, but subject to subsections (2) and (4), (a) the driver of an emergency vehicle; (b) a peace officer driving a vehicle; 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 107 Notwithstanding anything in this Part, a peace officer may exceed the speed limit while operating a motor vehicle for the purpose of testing the accuracy of the speedometer on the motor vehicle by means of a speed timing device. SPEEDOMETER TESTING Speedometer testers 107.1(1) The minister may appoint one or more qualified persons as testers of the speedometers on motor vehicles. Effective tester's certificate 107.1(2) In any prosecution under this Act, a certificate purporting to be issued by a tester appointed under subsection (1), bearing a date thereon not more than thirty days before or after the date of an alleged offence charged in the information or complaint, signed by the tester, and stating therein the results of a test of the speedometer on the motor vehicle mentioned therein, is admissible in evidence as prima facie proof of the accuracy of the speedometer as stated in the certificate on the date of the alleged offence in the information or complaint. Testing speedometer by other means 107.1(3) Notwithstanding subsections (1) and (2), the speedometer of a motor vehicle may be tested for accuracy by a speed timing device of a type approved under clause 255(8)⁠(a) and which has been certified to be accurate by a peace officer who is present at the time and place where the accuracy of the speedometer was tested. Effect of certificate by peace officer 107.1(4) In any prosecution under this Act, a certificate purporting to be issued and signed by a peace officer who certified the accuracy of the speed timing device used to test the accuracy of the speedometer on a motor vehicle, and who was present at the time and place where the speedometer was tested, bearing a date thereon not more than thirty days before or after the date of the alleged offence charged in the information or complaint, and stating therein the results of the test of the speedometer on the motor vehicle mentioned therein, is admissible, if the certificate is given by the peace officer other than the peace officer laying the information or complaint, in evidence as prima facie proof of the accuracy of the speedometer on the date of the alleged offence. S.M. 2013, c. 47, Sch. A, s. 127 ; S.M. 2018, c. 10, Sch. B, s. 8 . DIVISION III RULES OF THE ROAD DRIVING ON RIGHT SIDE OF ROADWAY OVERTAKING, PASSING, ETC. Compliance with traffic control devices 108(1) Where a traffic authority has marked or placed on a roadway a clearly indicated directional dividing line, which may be either a broken line or a solid line, and has indicated, by traffic control devices, the part of the roadway on each side of the directional dividing line that may be used by traffic proceeding in each direction, the driver of a vehicle on the roadway shall act as indicated by the traffic control devices. Change in position of dividing lines 108(2) A traffic authority may mark or place directional dividing lines and the relevant traffic control devices so that, at certain times of the day, the part of the roadway available for the use of traffic proceeding in a certain direction is wider or narrower than the part available for such traffic at other times of the day. Compliance with overhead lane direction signals 108(3) Where a traffic authority has placed above a traffic lane a traffic control device, displaying a downward pointing green arrow, a driver facing the device is permitted to drive in the traffic lane over which the device is located. Compliance with overhead lane direction signals 108(4) Where a traffic authority has placed above a traffic lane, a traffic control device, displaying a red "X", a driver facing the device shall not drive or continue to drive in the traffic lane over which the device is located. S.M. 1985-86, c. 12, s. 10 ; S.M. 2018, c. 10, Sch. B, s. 36 . Prohibition as to driving left of dividing line, and exceptions 109(1) No driver shall drive a vehicle to the left of the directional dividing line of a roadway except, (a) where the width of the roadway is such that it is not practicable to remain to the right of the directional dividing line; or (b) when overtaking and passing another vehicle proceeding in the same direction; or (c) when the roadway to the right of the directional dividing line is obstructed by a parked vehicle or other objects; or (d) when the roadway to the right of the directional dividing line is closed to traffic; or (e) upon a one-way roadway indicated as such as required under subsection 90(5); or (f) when permitted under section 124.2. Slow vehicles to keep to right 109(2) The driver of a vehicle who is proceeding at less than the normal speed of traffic at the time and place, and under the conditions, then existing shall drive in the right-hand lane then available for traffic, or as close as practicable to the right-hand kerb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left-hand turn at an intersection or into a private road or driveway. Application of subsection (2) 109(3) A driver shall, prima facie, be deemed to be a driver to whom subsection (2) applies if the vehicle that he is driving is being driven at a rate of speed less than 30 kilometres per hour;

but this subsection does not apply in the case of an intersection or where traffic conditions are such that even a rate of speed less than 30 kilometres per hour may be a rate greater than the maximum speed at which a person driving with due care and attention and with reasonable consideration for other persons should drive. Driving around rotary traffic island 109(4) A driver when passing around a rotary traffic island shall drive to the right of the island. S.M. 1991-92, c. 24, s. 2 . Definitions 109.1(1) The following definitions apply in this section. "designated vehicle" means the following motor vehicles: (a) a roadside assistance vehicle; (b) a government enforcement officer's vehicle; (c) a vehicle that is prescribed in the regulations. (« véhicule désigné ») "emergency lamps" means the lamps required or permitted under the regulations as special equipment for a type of emergency vehicle or designated vehicle. (« feux d'urgence ») "emergency vehicle" means (a) a vehicle used by a police force; (b) a vehicle used by a fire department; or (c) a vehicle used by an ambulance service. (« véhicule d'urgence ») "government enforcement officer" means an employee of the government who is appointed under an Act to enforce the Act or another Act or to enforce a regulation made under an Act. (« agent d'exécution du gouvernement ») "government enforcement officer's vehicle" means a motor vehicle used by a government enforcement officer to carry out his or her duties on a highway. (« véhicule d'agent d'exécution du gouvernement ») "roadside assistance vehicle" means the following motor vehicles: (a) a tow truck or another motor vehicle that is equipped to remove from the highway a vehicle that is damaged, disabled or inoperable, whether by hoisting and towing it or loading and carrying it away; (b) a motor vehicle that is used to provide service or minor repair at roadside to a vehicle that is damaged, disabled or inoperable, including battery service, tire changing and repairs and locked vehicle service; but does not include a class of motor vehicles that is excluded from this definition by the regulations. (« véhicule d'assistance routière ») Approaching an emergency or designated vehicle 109.1(2) Subject to subsection (4), the driver of a vehicle must take the safety precautions set out in subsections (2.1) and (3) when approaching one of the following vehicles that is stopped on the highway or is engaged in a roadside assistance or enforcement activity prescribed by the regulations or in another prescribed activity: (a) an emergency vehicle that has its emergency lamps in operation; (b) a designated vehicle that, in accordance with this Act and the regulations, is using (i) its emergency lamps or other lighting equipment, and (ii) if applicable, temporary traffic control devices or other 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 ; S.M. 2025, c. 34, s. 3 . Definitions 109.2(1) The following definitions apply in this section. "warning lamps" means the lamps required under the regulations as special equipment for a winter maintenance vehicle. (« feux d'avertissement ») "winter maintenance activities" means activities undertaken on a highway by a winter maintenance vehicle for the purpose of restoring the highway to, or maintaining the highway in, a safe condition, including by plowing, salting or sanding the highway or by removing or loading snow. (« activité d'entretien hivernal ») "winter maintenance vehicle" means infrastructure equipment or another vehicle operated on a highway by or on behalf of the traffic authority of the highway for the purpose of carrying out winter maintenance activities. (« véhicule d'entretien hivernal ») Application 109.2(2) Subsections (3) to (6) apply only in respect of a winter maintenance vehicle that (a) is engaged in or preparing to engage in winter maintenance activities on a highway; and (b) has its warning lamps in operation. Driver to maintain distance 109.2(3) When the driver of a vehicle is travelling behind a winter maintenance vehicle that is proceeding in the same direction, the driver must, except when overtaking and passing in accordance with subsection (4), maintain a distance of at least (a) 30 metres from the winter maintenance vehicle if the speed limit in the location of the winter maintenance vehicle is not more than 80 km/h; or (b) 100 metres from the winter maintenance vehicle if the speed limit in the location of the winter maintenance vehicle is more than 80 km/h. Restriction on overtaking and passing 109.2(4) In addition to complying with sections 110 and 114 to 116, the driver of a vehicle must not overtake and pass a winter maintenance vehicle if (a) the movement interferes with winter maintenance activities; or (b) the driver's view of the highway ahead of the winter maintenance vehicle is obstructed by blowing snow or ice crystals. Meeting a winter maintenance vehicle 109.2(5) When the driver of a vehicle meets a winter maintenance vehicle proceeding in the opposite direction, the driver must proceed with caution to ensure that their vehicle does not collide with the winter maintenance vehicle or interfere with its operation. Winter maintenance activities at intersections 109.2(6) When the driver of a vehicle approaches a winter maintenance vehicle engaged in winter maintenance activities at or within an intersection, the driver of the approaching vehicle must slow or stop the vehicle, if necessary, and must not enter the intersection unless doing so is safe and does not interfere with the winter maintenance activities. Exception — vehicles on opposite sides of divided highway 109.2(7) This section does not apply to the driver of a vehicle driving on a divided highway if the directional dividing line is between the vehicle and the winter maintenance vehicle. S.M. 2025, c. 34, s. 4 . Rules re driving on laned roadways 110 Unless he is required to yield the right-of-way to an emergency vehicle or other vehicle to which subsection 106(1) applies, or unless he is otherwise directed or authorized by a peace officer or by a traffic control device, a driver who is driving a vehicle on a laned roadway shall comply with the following provisions, namely: (a) He may drive from one lane to another where one or more broken lines only exist between lanes. (b) Except as provided in clauses (c) and (d), he shall not drive from one lane to another where such action necessitates the crossing of a solid line. (c) When a solid line and a broken line exist together, he may, with caution, cross the solid line from the lane in which the broken line is located, and recross. (d) He may, with caution, cross a solid line when necessary to turn left into a private road or driveway or when necessary on entering the roadway from a private road or driveway. (e) He shall not drive from one lane to another without first signalling his intention to do so in the manner prescribed by sections 125 and 126. (f) When approaching an intersection and intending to turn left or when intending to turn left into a private road or driveway, he shall travel in the left-hand lane available to traffic moving in the direction of the travel of the vehicle. (g) When approaching an intersection and intending to turn right, he shall travel in the lane nearest to the right-hand side of the roadway and may pass another vehicle travelling in the same direction in a lane to his left; and when making the turn he shall keep as close as is practicable to the right-hand side of the roadway. (h) He shall not use the centre lane of a three-lane roadway except when passing another vehicle proceeding in the same direction, or when approaching an intersection where he intends to turn to the left, or when that lane is designated for traffic moving in the direction of travel of his vehicle. (i) Subject to section 115, when overtaking another vehicle that is travelling in the same direction, he shall in passing keep to the left of the other vehicle and where there are two or more lanes available to traffic moving in that direction, he shall in passing keep to the right of the directional dividing line. (j) Where a traffic control device directs slow-moving traffic to use a designated lane, when driving slowly he shall use that lane only. (k) Subject to section 115, when being overtaken by another vehicle travelling in the same direction, (i) he shall allow that vehicle to pass and shall travel in the lane nearest to the right-hand side of the roadway or in a manner that allows the overtaking vehicle free passage to the left in a lane available to traffic moving in the direction of the travel of his vehicle, and (ii) he shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. (l) Except when crossing from one lane to another as permitted herein, he shall at all times keep the vehicle he is driving wholly within one lane. Rules for riding a moped 111 A person who operates a moped on a highway shall (a) operate it as closely as practicable to the right-hand edge or curb of the roadway, unless the highway is designated for traffic in one direction and has three or more traffic lanes; (b) operate it as closely as practicable to the right- or left-hand edge or curb of the roadway, if the highway is designated for traffic in one direction and has three or more traffic lanes; (c) except when overtaking or passing, not operate it beside another moped, or a bicycle or power-assisted bicycle, that is operating in the same lane; and (d) at all times, keep at least one hand on the handlebar. S.M. 2004, c. 30, s. 12 ; S.M. 2018, c. 10, Sch. B, s. 38 . Keeping to right when meeting 112(1) The driver of a vehicle shall keep to his right when he is meeting another vehicle that is moving. Yielding half of roadway 112(2) The driver of a vehicle upon a roadway that has a width for only one line of traffic in each direction shall, when meeting another vehicle that is moving, give to the other vehicle at least one-half of the roadway as nearly as possible. Passing on very narrow roadways 112(3) If it is impracticable for drivers of moving vehicles that are meeting one another (a) each to give to the other at least one-half of the roadway; or (b) to pass each other on the right; each of the drivers shall immediately stop his vehicle and before proceeding to pass the other shall take all reasonable steps to learn whether he can do so with safety to himself and others; and, if required, each of the drivers shall assist the other to pass in safety. Slow driver to proceed in right hand lane 112(4) Subject to subsection (5), where a driver of a vehicle is proceeding at a slower rate of speed than other traffic he shall (a) drive in the extreme right hand lane where the roadway has 2 or more lanes; or (b) drive as closely as is practicable to the right hand edge or curb of the roadway. Non-application of subsection (4) 112(5) Subsection (4) does not apply where (a) the driver is overtaking other vehicles proceeding in the same direction; or (b) the driver intends to turn to the left; or (c) the right hand lane or edge of the roadway is impassable or otherwise obstructed; or (d) the driver is directed by a traffic control device or a peace officer to drive in another lane or part of the roadway. S.M. 2021, c. 25, s. 4 . Use of lights 113(1) At a time when the regulations require the headlamps of a motor vehicle to be lighted, a person driving a motor vehicle on a highway (a) may use either the high beam or the low beam if the beam used is sufficient to reveal persons and vehicles on the highway at a safe distance in advance of the vehicle; and (b) must dim the headlamps or deflect their beams, and keep them dimmed or deflected, anytime the motor vehicle is within 450 m or less from an oncoming motor vehicle on the highway. Low beam when following close 113(2) When such a motor vehicle is following another vehicle and is within 60 metres thereof, unless it is overtaking and about to pass the other vehicle, the driver shall use the low beam. S.M. 2018, c. 10, Sch. B, s. 39 . Rules when overtaking 114(1) Except as provided in section 115, a driver overtaking another vehicle or bicycle proceeding in the same direction (a) shall pass to the left thereof at a safe distance; and (b) shall not return to the right side of the highway until safely clear of the overtaken vehicle or bicycle. Distance when overtaking bicycles 114(1.1) In addition to complying with subsection (1), a driver overtaking and passing a bicycle or power-assisted bicycle proceeding in the same direction must keep a distance of at least one metre between the driver's vehicle and the bicycle or power-assisted 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 ; S.M. 2025, c. 34, s. 6 . Overtaking on right prohibited with exceptions 115(1) A driver shall not overtake and pass upon the right of another vehicle, except (a) when the vehicle overtaken is making a left turn or its driver has signalled his intention to make a left turn; or (b) when on a laned roadway there are two or more unobstructed lanes available to traffic moving in the direction of travel of the vehicle; or (c) upon a one-way roadway, where the roadway is free from obstructions and is of sufficient width for two or more lines of moving vehicles. Where no exceptions 115(2) Notwithstanding subsection (1), no driver shall overtake and pass another vehicle upon the right, (a) when the movement cannot be made with reasonable safety; or (b) by driving off the roadway. Distance when overtaking bicycles 115(3) In addition to complying with subsection (2), a driver overtaking and passing a bicycle or power-assisted bicycle on the right must keep a distance of at least one metre between the driver's vehicle and the bicycle or power-assisted bicycle. S.M. 2025, c. 34, s. 7 . No driving to left unless clear view 116(1) No driver shall drive a vehicle to, or upon the left side of, the directional dividing line of a roadway, other than a one-way roadway, when he has not a clear view of the highway for a safe distance having regard for all the circumstances. Safety requirements 116(2) Without restricting the generality of subsection (1), no driver shall drive a vehicle to, or upon the left side of, the directional dividing line of a roadway in overtaking and passing another vehicle unless the left side of the roadway is clearly visible and is free of oncoming and overtaking traffic for a sufficient distance ahead to permit the overtaking and passing to be completed without interfering with the safe operation of another vehicle. Driving to left absolutely prohibited 116(3) No driver shall drive a vehicle to, or upon the left side of, the directional dividing line of a roadway other than a one-way roadway, (a) upon or approaching (i) the crest of a grade, or (ii) an upgrade, downgrade, or curve, where the driver has not a clear view of the highway for a distance of at least 150 metres or his view is obstructed within such distance greater than 150 metres as to create a hazard; or (b) upon a portion of a highway designated by a traffic control device as a portion thereof upon which overtaking and passing is prohibited; or (c) upon, or when approaching and within 90 metres of, an intersection or level crossing that is outside a restricted speed area; or (d) when the driver's view is obstructed upon approaching within 30 metres of a bridge, viaduct, or tunnel. Where clause (3)⁠(c) not applicable 116(4) The prohibition in clause (3)⁠(c) does not apply in an area where there is a paved highway of sufficient width to permit such overtaking and passing to be made in safety. S.M. 2018, c. 10, Sch. B, s. 40 . Following too closely prohibited 117(1) No driver shall follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles, and the amount and nature of traffic upon, and the condition of, the highway. 117(2) [Repealed] S.M. 2018, c. 10, Sch. B, s. 41 . Space between vehicles in motorcade 117(3) The driver of a motor vehicle in a caravan or motorcade, other than a funeral procession, outside a restricted speed area, shall leave sufficient space between his vehicle and any other vehicle or combination of vehicles in the caravan or motorcade to enable a vehicle to enter and occupy that space without danger; and he shall, in so far as practicable, drive his vehicle on the extreme right-hand side of the roadway. Vehicles in funeral processions 117(4) The driver of a motor vehicle in a funeral procession shall, in so far as practicable, drive his vehicle on the extreme right-hand side of the roadway. Funeral processions 117(5) Notwithstanding anything in this Part, the council of a municipality may, by by-law, provide that, in the case of a funeral procession indicated as such by the headlamps of all the motor vehicles therein being lighted, or in such other manner as may be prescribed in the by-law, (a) if the driver of the leading vehicle therein has complied with sections 85 and 88, the driver of each of the other vehicles therein, upon approaching (i) a traffic control signal showing a red traffic control light or a "stop" or "arrêt" signal, or (ii) a "stop" or "arrêt stop" sign, shall cause the vehicle to slow down or stop as may be necessary for safety, but may then proceed cautiously past the traffic control signal or "stop" or "arrêt stop" sign; and (b) after passing the traffic control signal or "stop" or "arrêt stop" sign, the driver of each of the other vehicles in the procession shall have the right-of-way over all other vehicles upon the highway at the intersection or place where the signal or sign is situated. S.M. 2018, c. 10, Sch. B, s. 41 . Following fire apparatus too closely 118 A driver, other than the driver of an emergency vehicle, shall not follow fire apparatus more closely than is reasonable in the circumstances, or drive or park on any street nearer to a place on the same street on which fire apparatus has stopped in answer to a fire alarm, than is reasonable in the circumstances. Driving over fire hoses 119 Unless he has received consent of the fire department official in command, a person shall not drive a vehicle over an unprotected hose of a fire department when laid down on a street or private driveway, at a fire or an alarm of fire. Certain exceptions for trolley buses 120 Where a provision of this Part would prohibit a movement of a trolley bus required by the position of overhead wires, that provision does not apply to the operation of the trolley bus as the position of those wires may require. TURNING, STARTING, AND SIGNALS Turning at intersections 121(1) No person shall turn a vehicle at an intersection unless the vehicle is in the position upon the highway required by this section. Turning right 121(2) Where a driver intends to turn right at an intersection he shall approach the intersection and make the turn as close as practicable to the right-hand kerb or edge of the roadway. Turning left 121(3) Where a driver intends to turn left at an intersection where traffic is permitted to move in both directions on each roadway entering the intersection, he shall (a) approach the intersection in the part of the roadway to the right of the directional dividing line thereof that is nearest to the directional dividing line, and on a laned roadway, in the extreme left-hand lane available to traffic moving in the direction of travel of the vehicle he is driving; (b) keep to the right of the directional dividing line at the place where it enters the intersection; (c) after entering the intersection, make a left turn so as to leave the intersection at a point to the right of the directional dividing line of the highway being entered; and (d) when practicable, make the left turn in the portion of the intersection to the left of the centre of the intersection, passing as closely as practicable thereto. Certain left turns from one-way roadway 121(4) When a driver intends to turn left at an intersection from a one-way roadway into a roadway on which traffic is permitted to move in both directions, he shall approach the intersection as closely as practicable to the left-hand kerb or edge of the roadway, and after entering the intersection shall make the left turn so as to leave the intersection at a point to the right of, and as close as practicable to, the directional dividing line of the roadway being entered. Turning left from two-way roadway 121(5) When a driver of a vehicle intends to turn left at an intersection from a roadway on which traffic is permitted in both directions into a one-way roadway, he shall approach the intersection in the part of the roadway to the right of the directional dividing line thereof that is nearest to the directional dividing line and, on a laned roadway, in the extreme left-hand lane available to traffic moving in the direction of travel of the vehicle he is driving and after entering the intersection shall make the left turn by passing as closely as practicable to the left-hand kerb or edge of the roadway being entered. Left turn from one-way roadway to another one-way roadway 121(6) When a driver of a vehicle intends to turn left at an intersection from a one-way roadway into another one-way roadway, he shall approach the intersection as closely as practicable to the left-hand kerb or edge of the roadway and after entering the intersection shall make the left turn by passing as closely as practicable to the left-hand kerb or edge of the roadway being entered. Turning required by traffic control device 121(7) Where at an intersection there is a traffic control device indicating the course to be travelled by drivers turning at the intersection, no driver shall turn a vehicle at the intersection in a manner other than as directed by the traffic control device. Safety requirement 121(8) No person shall turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course, or move right or left upon a highway, unless the movement can be made with safety. STOPPING, STANDING, OR PARKING Where stopping, standing, parking prohibited 122(1) Except when necessary to avoid conflict with traffic or to comply with another provision of this Act or the regulations under this Act or the directions of a peace officer or traffic control device, no person shall stop, stand, or park a vehicle (a) on a sidewalk; (b) in front of a driveway; (c) within an intersection or within 3 metres thereof or such greater distance as may be prescribed by the appropriate traffic authority; (d) within three metres from the point on the curb or edge of the roadway immediately opposite a fire hydrant; (e) on a crosswalk; (f) within 3 metres of the approach side of a crosswalk; (g) within 9 metres upon the approach to any flashing beacon, "stop" or "arrêt stop" sign, or traffic control signal situated at the side of a roadway, or within such greater distance therefrom as may be prescribed by the appropriate traffic authority; (h) within 30 metres of the nearest rail of a railway crossing, or, except in the case of a railway crossing a provincial trunk highway, within such greater or lesser distance therefrom as may be prescribed by the appropriate traffic authority; (i) within 6 metres of a driveway entrance to a fire station, or on the side of a street opposite the entrance to a fire station within 30 meters of the entrance when properly marked with signs, or, except in the case of a fire station adjoining or facing a provincial highway, within such greater or lesser distance as may be prescribed by the appropriate traffic authority; (j) alongside or opposite a street excavation or obstruction when stopping, standing, or parking obstructs traffic; (k) on the roadway side of a vehicle stopped or parked at the edge or kerb of a street; (l) upon a bridge or other elevated structure upon a highway or within a highway tunnel; (m) in a place in contravention of a traffic control device that gives notice that stopping, standing, or parking is there prohibited or restricted; (n) at a curve upon a highway outside a restricted speed area, unless a clear view of the vehicle may be obtained from a distance of at least 60 metres in each direction upon the highway; (o) in such manner that (i) it constitutes a hazard on the highway, or (ii) it is parked in contravention of (A) any provision of this Act, or (B) a rule or by-law of a traffic authority that has been passed and indicated or made known in accordance with this Act. (p) and (q) [repealed] S.M. 2018, c. 10, Sch. B, s. 42 . When parking permitted in intersection, crosswalk etc. 122(1.1) Notwithstanding clauses (1)⁠(c), (e) and (f), a person may park a vehicle next to the edge or curb of a "T" intersection when a traffic authority permits and there is a traffic control device displayed that permits parking. Definition 122(1.2) In subsection (1.1), "'T' intersection" means an intersection formed when two highways join one another at an angle but do not cross. Parking distance from rail crossing 122(1.3) When the traffic authority that prescribes a greater or lesser stopping, standing or parking distance under clause (1)⁠(h) is a municipal council, it must prescribe the distance by by-law. By-laws affecting provincial highways 122(1.4) When a by-law of a municipal council under subsection (1.3) affects a provincial highway, the by-law has no effect unless it is approved in writing by the minister or the minister's delegate, and the notice of approval is attached to and forms part of the by-law. Withdrawal of approval 122(1.5) The minister or the minister's delegate may, by a notice in writing, withdraw an approval given under subsection (1.4), and the withdrawal is effective, and the by-law previously approved is void, on and from the date set out in the notice. Parking other vehicles 122(2) No person shall move a vehicle that is not lawfully under his control into any of the places mentioned in subsection (1). S.M. 1987-88, c. 23, s. 10 ; S.M. 1989-90, c. 56, s. 12 ; S.M. 1996, c. 26, s. 13 ; S.M. 2001, c. 19, s. 16 ; S.M. 2004, c. 30, s. 13 ; S.M. 2018, c. 10, Sch. B, s. 42 . Parking on right required 123(1) Except when a traffic authority otherwise permits, or on a one-way roadway when not forbidden by the traffic authority, a driver shall not stop, stand, or park a vehicle other than on the right side of a highway and with the right-hand wheels parallel to that side, and where there is a kerb, within 450 millimetres of the kerb. Parking on one-way roadways 123(2) Except when a traffic authority otherwise permits, a driver shall not stop, stand, or park a vehicle on a one-way roadway otherwise than on one side of the highway with the length of the vehicle parallel to that side, and where there is a kerb, with the right-hand wheels within 450 millimetres of the kerb on the right-hand side of the vehicle or with the left-hand wheels within 450 millimetres of the kerb on the left-hand side of the vehicle. Parking on divided highways 123(3) In the case of a divided highway, vehicles may be parked only on one side of each roadway thereof and, subject to that restriction, for the purposes of this section, each roadway thereof shall be deemed not to be a one-way roadway; and subsection (1) applies thereto. Moving parked vehicles 124(1) No person shall cause a vehicle that is stopped, standing, or parked, to move unless the movement can be made with reasonable safety. Duty before moving, turning, etc. 124(2) The driver of a vehicle upon a highway, before starting, stopping, or turning from a direct line, (a) shall use reasonable care to ascertain that the movement can be made in safety; and (b) shall reasonably indicate his intention by a visible signal. PHYSICALLY DISABLED PERSONS PARKING Definitions 124.1 In sections 124.2 to 124.9, "designated parking space" means a parking space designated by signs or pavement markings as being for the sole use of motor vehicles displaying a permit and that is located (a) on a highway, (b) in a public parking lot or facility, or (c) in a private parking lot or facility to which the public has access; (« aire de stationnement désignée ») "permit" means a physically disabled person's parking permit issued under section 124.3. (« permis ») S.M. 1991-92, c. 24, s. 3 . Disabled persons parking on the left 124.2(1) Subject to subsection (2), a driver who is the holder of a permit may, when it is necessary for the driver to enter or egress from a motor vehicle, (a) drive the motor vehicle on the left side of a highway the minimum distance required to stand, stop or park a vehicle on the left side of a highway; and (b) notwithstanding subsection 123(1), stand, stop or park the motor vehicle on the left side of a highway with the left-hand wheels thereof parallel to that side and, where there is a curb, within 450 millimetres of the curb. Application of subsection (1) 124.2(2) Subsection (1) applies only (a) in a city or town; (b) on a highway other than a divided highway; (c) where the motor vehicle displays a permit in accordance with this Act and the regulations; (d) where the motor vehicle's hazard warning lamps, as required under the regulations, are lighted intermittently or put into a flashing operation; and (e) where the driver drives or stands, stops or parks the motor vehicle with due regard for the safety of other users on the highway and complies with all other lawful requirements. S.M. 1991-92, c. 24, s. 3 ; S.M. 2018, c. 10, Sch. B, s. 43 . Permit issuance 124.3(1) The minister may issue a physically disabled person's parking permit to a person or organization that meets the requirements prescribed in the regulations and applies in the form required by the minister. Delegation of authority to issue permits 124.3(2) The minister may delegate the authority to issue permits under subsection (1), and when the authority is delegated, the delegate may issue a permit to a person or organization that meets the requirements prescribed in the regulations and applies in the form required by the delegate. Charge for permit issued by delegate 124.3(3) When a permit is issued under subsection (2), the delegate is entitled to retain the amount of the charge for the permit that is specified in the regulations. Permit issued by another jurisdiction 124.3(4) A valid physically disabled person's parking permit, decal, placard or other similar device issued by a competent authority outside the province is deemed to be a permit issued under this section, but it expires 3 months after the holder becomes a resident of the province. Transitional 124.3(5) A physically disabled person's parking decal, placard or other similar device issued in the province by a government department, municipality, corporation or organization that is valid on the day this section comes into force is deemed to be a permit issued under this section until the decal, placard or device expires or until six months after this section comes into force, whichever comes first. S.M. 1991-92, c. 24, s. 3 ; S.M. 2005, c. 37, Sch. B, s. 29 . Authorized use 124.4 A valid permit authorizes the permit holder or a person who is transporting the permit holder to stop, stand or park a motor vehicle in a designated parking space if the permit is used and displayed in accordance with this Act and the regulations. S.M. 1991-92, c. 24, s. 3 . Unauthorized use 124.5 No person shall (a) have in his or her possession a permit that is fictitious, altered, or obtained contrary to this Act or the regulations; (b) display a permit in a motor vehicle parked in a designated parking space when the holder is not transported in the vehicle; (c) display a permit that is cancelled or has expired; or (d) display or use a permit otherwise than in accordance with this Act and the regulations. S.M. 1991-92, c. 24, s. 3 . Permit cancellation 124.6(1) On being satisfied that (a) a permit has been obtained or used in contravention of this Act, the regulations or a by-law of a municipality; (b) a permit has been lost, stolen, defaced, or altered; or (c) a permit holder no longer meets the requirements of the regulations; the minister, or a delegate of the minister who issued the permit, may cancel the permit and may refuse to replace, re-issue, or renew the permit. Return of cancelled permit 124.6(2) On receiving notification served personally or by registered mail that a permit has been cancelled by the minister or a delegate of the minister, the permit holder shall immediately deliver the cancelled permit to the minister, or, if the permit was issued by a delegate of the minister, to the delegate. Appeals 124.6(3) A person may, in accordance with the regulations, appeal to the medical review committee if his or her (a) application for a physically disabled person's parking permit under section 124.3 is denied; or (b) physically disabled person's parking permit is cancelled, or the replacement, reissue or renewal of the permit is refused; on the grounds that the person no longer meets the requirements of the regulations. S.M. 1991-92, c. 24, s. 3 ; S.M. 2004, c. 30, s. 14 ; S.M. 2005, c. 37, Sch. B, s. 30 . Permit inspection and surrender 124.7(1) Every person having possession of a permit shall, upon the demand of a peace officer, surrender the permit for reasonable inspection to ensure that the provisions of this Act, the regulations and any by-law of a municipality are being complied with. Permit retained by peace officer 124.7(2) A peace officer to whom a permit has been surrendered may retain it if the peace officer believes on reasonable grounds that the permit (a) is fictitious or was not issued under this Act; (b) was obtained under false pretenses; (c) has been defaced or altered; (d) has expired or been cancelled; or (e) is being or has been used in contravention of this Act, the regulations or a by-law of a municipality. Notification of retention of permit 124.7(3) A peace officer who retains a permit under subsection (2) shall without delay notify the minister or the delegate of the minister who issued the permit of (a) the permit issuance number, if the permit is numbered; (b) the name and address of the person who was in possession of the permit; and (c) the date the permit was retained. S.M. 1991-92, c. 24, s. 3 ; S.M. 2005, c. 37, s. 30 . Entry on private land 124.8 A peace officer may enter on private land for the purpose of enforcing this Act and the regulations, and while so engaged is not liable for trespass. S.M. 1991-92, c. 24, s. 3 . Regulations 124.9 The Lieutenant Governor in Council may make regulations (a) prescribing the form and design of permits and the information to be shown on them; (b) prescribing the requirements for obtaining a permit; (c) respecting the issuance, renewal, cancellation and replacement of permits; (d) governing the manner of displaying permits on or in motor vehicles; (e) prescribing the fees for issuance of permits; (e.1) governing appeals under subsection 124.6(3), and requiring a person making an appeal to pay an appeal fee, and prescribing the amount of the appeal fee; (f) respecting any matter necessary or advisable to carry out effectively the intent and purpose of sections 124.1 to 124.8. S.M. 1991-92, c. 24, s. 3 ; S.M. 2004, c. 30, s. 15 . SIGNALS Giving of signals generally 125(1) Subject to subsection (2), where a signal is required, a driver, or the operator of a bicycle or power-assisted bicycle, shall give it by means of (a) his or her hand and arm; or (b) a "stop" signal lamp or turning signal lamp, as the case requires, of the kind required or authorized under this Act to be carried. (c) [repealed] S.M. 2018, c. 10, Sch. B, s. 44 . Giving of signals where hand signals not visible 125(2) Where a vehicle is constructed or loaded in a manner that makes a signal by hand and arm not visible to both its front and rear, a driver shall give signals as provided in clause (1)⁠(b). S.M. 2004, c. 30, s. 16 ; S.M. 2018, c. 10, Sch. B, s. 44 . Hand signals 126(1) The driver of a left-hand drive motor vehicle or the operator of a bicycle, power-assisted bicycle or moped giving a hand signal shall do so from the left side of the vehicle and (a) to signify a left turn, shall extend his or her left arm horizontally from the vehicle; (b) to signify a right turn, shall extend his or her left arm from the vehicle with the upper arm horizontal and forearm pointing vertically upward; and (c) to signify a stop or a decrease in speed, shall extend his or her left arm from the vehicle with the upper arm horizontal and forearm pointing vertically downward. Right turns — bicycles and power-assisted bicycles 126(2) Despite subsection (1), the operator of a bicycle or power-assisted bicycle may signify a right turn by extending his or her right arm horizontally from the right side of the vehicle. S.M. 1989-90, c. 56, s. 13 ; S.M. 1991-92, c. 25, s. 38 ; S.M. 2004, c. 30, s. 17 ; S.M. 2018, c. 10, Sch. B, s. 45 . Signals required for sudden stops 127(1) When there is an opportunity to give a signal, no driver shall stop or suddenly decrease the speed of a vehicle without first giving the appropriate signal under sections 125 and 126. Giving of appropriate signal for safe movement 127(2) Where traffic may be affected by turning a vehicle, no person shall turn a vehicle without giving the appropriate signal under sections 125 and 126, and using reasonable care to ascertain that the movement can be made in safety. Continuous signals 127(3) Where a signal of intention to turn right or left is required, a driver shall, before making the turn, give the signal continuously for sufficient distance to warn traffic. RIGHT-OF-WAY General right-of-way rule 128 Except as provided in section 130, where two vehicles enter an intersection from different highways at approximately the same time and there is at the intersection no traffic control device directing the driver of one of the vehicles to yield the right-of-way, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right; but, where there is a traffic control device at the intersection directing the driver of one of the vehicles to yield the right-of-way, he shall yield the right-of-way to all other traffic as provided in section 133. Right-of-way on left turn 129 When a driver is within an intersection and intends to turn left he shall yield the right-of-way to traffic that is approaching from the opposite direction and is within the intersection or so close that it constitutes an immediate hazard; but having yielded and having given a signal as required by sections 125 and 126, the driver may make a left turn if he can do so safely. Right-of-way after a required stop 130 Where a driver is about to enter another highway at the intersection with which he is required, under section 136, to stop and he has stopped in compliance with that section (a) he shall yield the right-of-way to traffic that has entered the intersection upon the other highway or that is approaching thereon and is so close that it constitutes an immediate hazard; and (b) he shall not proceed until he can do so in safety. Right-of-way in restricted speed areas 131(1) When a driver, within a restricted speed area, is emerging from a private road, alley, lane, driveway, or building, he shall stop the vehicle immediately before driving onto the sidewalk or onto the sidewalk area extending across the private road, alley, lane, or driveway and he shall yield the right-of-way to traffic that is approaching on the highway and is so close that it constitutes an immediate hazard. Right-of-way when entering highway 131(2) When a driver is about to enter or cross a highway from a private road, alley, lane, driveway, or building, he shall yield the right-of-way to traffic that is approaching on the highway and is so close that it constitutes an immediate hazard. Stopping or entering provincial highways 131(3) When a driver of a vehicle, outside a restricted speed area, is emerging from a private road or private driveway onto a provincial highway, he shall, before crossing the boundary of the roadway, and within 5 metres thereof, bring the vehicle to a stop, yield the right-of-way to traffic that is approaching on the highway and is so close that it constitutes an immediate hazard, and shall not proceed until he can do so in safety. Proceeding when safe 131(4) A driver to whom subsection (1), (2) or (3) applies, having yielded the right-of-way as required in those subsections, shall not proceed until he can do so in safety. Emergency vehicles to have right-of-way 132 Unless otherwise directed by a peace officer, a driver of a vehicle on a highway shall, on the immediate approach of an emergency vehicle that is sounding its siren and has illuminated the lighting required for the emergency vehicle under the regulations, (a) yield the right-of-way to the emergency vehicle by immediately driving to a position parallel to and as close as possible to the curb of the roadway and clear of any intersection; and (b) stop and remain stopped until the emergency vehicle has passed. S.M. 1996, c. 26, s. 14 ; S.M. 2018, c. 10, Sch. B, s. 46 . Right-of-way at "Yield" or "Cédez le passage" signs 133(1) A driver approaching a "yield" or "cédez le passage" sign adjacent to an intersection shall slow down to a speed reasonable under the existing conditions or shall stop if necessary as provided in subsection (2), and shall yield the right-of-way to a pedestrian crossing the roadway on which he is driving and to traffic in the intersection or that is approaching on the intersecting roadway and is so close that it constitutes a hazard; and, having yielded, he may proceed with caution. Stopping at "Yield" or "Cédez le passage" signs 133(2) Except when a peace officer directs otherwise, where there is, adjacent to an intersection, a "yield" or "cédez le passage" sign, the driver of a vehicle, if required for safety to stop, shall stop at a clearly marked stop line or, if none, then immediately before entering the crosswalk on the near side of the intersection or, if none, then immediately before entering the intersection. SPECIAL STOPS Definitions 134(1) The following definitions apply in this section. "flag person" includes a crew member of a railway train or employee of a railway company who, in connection with a train's operation, directs traffic or warns people on a highway. (« signaleur ») "uncontrolled railway crossing" means a railway crossing at which traffic is not controlled by a "stop" or "arrêt stop" sign, an electrical or mechanical traffic control device, a crossing gate or a flag person, but does not include an industrial spur railway crossing within a restricted speed area. (« passage à niveau non contrôlé ») Stopping at railway crossings 134(2) The driver of a vehicle approaching a railway crossing shall stop the vehicle before proceeding across the crossing if (a) a "stop" or "arrêt stop" sign is erected at the crossing; (b) a clearly visible electrical or mechanical traffic control device at the crossing is signalling the proximity or passing of a railway train; (c) a crossing gate is lowered or partly lowered, or a flag person is signalling the proximity or passing of a railway train; or (d) a railway train is in dangerous proximity to the crossing and is giving an audible signal or is visible. Stopping at uncontrolled railway crossings 134(3) Without limiting the application of subsection (2), a driver must also stop before proceeding across (a) a controlled or uncontrolled railway crossing if the driver is driving a school bus, whether or not it is carrying passengers; or (b) an uncontrolled railway crossing if the driver is driving (i) a bus carrying passengers for compensation, or (ii) a vehicle designed or used to carry flammable liquid or gas, whether or not it is empty. Additional requirements for particular vehicles 134(4) While a vehicle described in subsection (3) is stopped as required by subsection (2) or (3), the driver must (a) look in both directions along the railway track for an approaching railway train; (b) listen for signals indicating the approach of a railway train; and (c) if the vehicle is a bus or school bus, open the door of the vehicle. Required stopping distances — certain vehicles 134(5) In a case mentioned in subsection (2) or clause (3)⁠(b), the driver of a vehicle mentioned in subclause (3)⁠(b)⁠(i) or (ii) must stop the vehicle (a) not less than 5 m from the rail of the crossing nearest the vehicle's front if the crossing is in a restricted speed area; or (b) not less than 15 m from the rail of the crossing nearest the vehicle's front in any other case. Required stopping distances — school buses 134(5.1) In a case mentioned in subsection (2) or clause (3)⁠(a), the driver of a school bus must stop it at the distance from the railway crossing prescribed in the regulations about school buses made under The Public Schools Act , whether or not (a) the school in connection with which the school bus is operated is a school to which that Act applies; and (b) those regulations apply to the school bus in the absence of this subsection.

Proceeding across a railway crossing 134(6) After stopping, the driver shall not proceed unless he or she can do so safely and without stopping before clearing the crossing, and (a) in a case described in clause (2)⁠(b), unless (i) the electrical or mechanical traffic control device is no longer signalling the proximity or passing of a railway train, or (ii) a peace officer or flag person directs the driver to proceed; (b) in a case described in clause (2)⁠(c), unless (i) the crossing gate is completely raised or the flag person is no longer signalling the proximity or passing of a railway train, or (ii) a peace officer or flag person directs the driver to proceed; and (c) in a case described in clause (2)⁠(d), unless the railway train is no longer in dangerous proximity to the crossing. Proceeding when train is stopped 134(7) Despite clause (6)⁠(a), a driver who stops at a railway crossing because an electrical or mechanical traffic control device is signalling the proximity of a railway train may proceed across the crossing if the train is stopped, or is not in close proximity to the crossing, and if he or she can do so safely and without stopping before clearing the crossing. S.M. 2004, c. 30, s. 18 ; S.M. 2015, c. 43, s. 21 ; S.M. 2018, c. 10, Sch. B, s. 47 ; S.M. 2021, c. 25, s. 5 . Changing gear while crossing track prohibited 135 The driver of a vehicle described in clause 134(3)⁠(a) or (b) shall not (a) cross the track of a railway crossing in a gear that he or she will need to change while crossing the track; or (b) change gears while crossing the track. S.M. 2004, c. 30, s. 18 . Stopping vehicle within railway crossing prohibited 135.1 No person shall stop a vehicle (a) within a railway crossing; or (b) in a location where any part of the vehicle is over a track in a railway crossing. S.M. 2004, c. 30, s. 18 . Stopping when required by traffic control device 136(1) Except when a peace officer or a traffic control device otherwise directs or permits, but subject to sections 88, 130, and 133, at an intersection at which there is a traffic control device facing him and requiring him to stop, and at an intersection with any provincial highway, and except at an intersection where an acceleration lane has been constructed for the purpose of allowing a driver of a vehicle to accelerate and merge with other traffic on the highway, a driver of a vehicle shall bring it to a stop (a) when there is no crosswalk, at a clearly marked stop line; or (b) before entering the crosswalk marked out by lines, on the near side of the intersection; or (c) when there is neither a stop line nor a marked out crosswalk, at the point nearest the intersecting highway from which the driver has a view of approaching traffic on the intersecting highway; and he shall not proceed unless he can do so in safety. Stops at divided highway 136(2) Where the other highway, at the intersection with which a driver has stopped as required under subsection (1), is a divided highway, the driver, having complied with that subsection and proceeded across the first roadway, before entering the second roadway, (a) shall yield the right-of-way to traffic on the second roadway that has entered the intersection thereof with the highway on which he is driving, or that is approaching and is so close that it constitutes an immediate hazard; and (b) shall not proceed until he can do so in safety. SCHOOL BUSES Operation of school bus warning lamps 137(1) The driver of a school bus must operate all warning lamps and other warning systems on the school bus, as required under the regulations, when pupils are getting on or getting off the school bus, or are about to get on or get off the school bus. Prohibition on passing school bus 137(2) Subject to subsection (3), the driver of a vehicle approaching a school bus from the front or the rear must bring the vehicle to a stop not less than five m from the school bus and must not pass the school bus if any of the following equipment on the school bus required under the regulations is operating: (a) one or more flashing red warning lamps; (b) a warning system on the school bus indicating to approaching drivers that they must stop. Passing school bus on divided highway 137(3) Subsection (2) does not apply to the driver of a vehicle on a roadway that forms part of a divided highway if the school bus is located on a different roadway of the same highway. School bus not to be operated for other purposes 137(4) A person must not operate a school bus for a purpose other than transporting pupils to or from school unless any markings identifying the bus as a school bus are covered. S.M. 2013, c. 54, s. 42 ; S.M. 2018, c. 10, Sch. B, s. 48 . PEDESTRIANS' RIGHTS AND DUTIES Compliance by pedestrians with signals 138 Except when a traffic authority has otherwise ordered, where traffic control signals are operating at an intersection, pedestrians shall comply with them in the manner provided in section 88. Right-of-way of pedestrian 139(1) Subject to section 140, where traffic control signals are not in place or not in operation when a pedestrian is crossing a highway within a crosswalk, and the pedestrian is upon the half of the highway upon which a vehicle is travelling, or he is approaching from the other half of the highway and is so close that he is in danger, the driver of the vehicle shall yield the right-of-way to the pedestrian. Pedestrian to observe safety measures 139(2) No pedestrian shall leave a kerb or other place of safety and walk or run into the path of a vehicle that is so close that it is impracticable for the driver to yield. Passing vehicle stopped for pedestrian prohibited 139(3) Where a vehicle is stopped at a crosswalk or at an intersection to permit a pedestrian to cross the highway, no driver approaching from the rear shall overtake and pass the stopped vehicle. 139(4) [Repealed] S.M. 2002, c. 40, s. 10 . S.M. 2002, c. 40, s. 10 . Where pedestrians yield right-of-way 140(1) When a pedestrian is crossing a roadway at a point other than within a crosswalk, he shall yield the right of way to a driver. Duty not to obstruct traffic 140(2) A pedestrian who is crossing a highway shall do so with all reasonable speed so as not to obstruct traffic unnecessarily. Pedestrian corridor, duties of driver 141(1) Subject to subsection (2), where (a) a pedestrian is at (i) the kerb or edge of a roadway, or (ii) a place of safety, that is adjacent to a pedestrian corridor that lies across a roadway upon which a vehicle is approaching so closely to the pedestrian corridor as to endanger the pedestrian if he were to enter it; and (b) the pedestrian (i) is intending to cross the roadway in the pedestrian corridor, and (ii) is giving notice of his intention by extending his hand and arm at full length in such a manner to indicate clearly the direction in which he intends to cross, the driver of the vehicle shall yield the right-of-way to the pedestrian by slowing down or stopping if necessary. When vehicle stopped at pedestrian corridor 141(2) When a vehicle is stopped at a pedestrian corridor, the driver of any other vehicle overtaking the stopped vehicle shall bring the vehicle to a full stop before entering the pedestrian corridor, and shall yield the right-of-way to a pedestrian, (a) who is within the pedestrian corridor upon the half of the roadway upon which the vehicle is stopped; or (b) who is within the pedestrian corridor and is approaching that half of the roadway from the other half of the roadway so closely to the vehicle that he is in danger if the vehicle were to proceed. Passing vehicles in vicinity of pedestrian corridor 141(3) When a vehicle is approaching a pedestrian corridor and is slowing down for the purpose of yielding the right-of-way to a pedestrian, the driver of any other vehicle approaching from the rear shall not overtake and pass the vehicle first mentioned. 141(4) [Repealed] S.M. 2018, c. 10, Sch. B, s. 49 . Parking prohibited 141(5) No person shall park or stand a vehicle at the kerb or edge of a roadway (a) where it intersects a pedestrian corridor; or (b) on the approach to a pedestrian corridor and within 15 metres thereof. 141(6) [Repealed] S.M. 2002, c. 40, s. 10 . By-laws revoked 141(7) That part of any municipal by-law that provides for the regulation of traffic by means of crosswalks or pedestrian corridors and that is contrary to any provision of section 139 or this section, is revoked. Where road markings not visible 141(8) It is not a defence to any prosecution for a violation of this section that the lines or other markings on the surface of the roadway indicating the existence of the pedestrian corridor were not visible at the time because of the presence of snow or ice or for any other reason not attributable to the negligence of the traffic authority. S.M. 2002, c. 40, s. 10 ; S.M. 2018, c. 10, Sch. B, s. 49 . Driver to exercise care 142 Notwithstanding sections 138 and 139, a driver shall (a) exercise due care to avoid colliding with a pedestrian who is upon a roadway; (b) give warning by sounding the horn when necessary; and (c) observe proper precaution upon observing a child or an apparently confused or incapacitated person who is upon a highway. Use of sidewalks required 143(1) Where there is a sidewalk that is reasonably passable on either or both sides of a highway, a pedestrian shall not walk on a roadway. Keeping left and walking two abreast 143(2) Any pedestrian proceeding along a highway where no sidewalk is provided or where the sidewalk is not passable, shall walk as closely as is practicable to (a) the left-hand edge of the roadway or of the shoulder, as the case may be; or (b) any person who may be walking on his left side; but persons walking on a roadway shall not walk more than two abreast. 144 [Repealed] S.M. 2018, c. 10, Sch. B, s. 50 . DIVISION IV BICYCLES, POWER-ASSISTED BICYCLES AND RECREATIONAL EQUIPMENT General rules: bicycles and power-assisted bicycles 145(1) Except as otherwise provided in subsections (5) and (6), a person operating a bicycle or power-assisted bicycle on a highway or bicycle facility has the same rights and duties as a person driving a motor vehicle on a highway and shall obey all signs and traffic control devices, and all directions of a peace officer. Minimum operator age: power-assisted bicycles 145(2) No person shall operate a power-assisted bicycle on a highway or bicycle facility unless he or she is 14 years of age or older. Owner must not allow underage operator 145(3) The owner of a power-assisted bicycle shall not allow a person under the age of 14 years to operate it. Helmet required: power-assisted bicycles 145(4) No person shall ride on or operate a power-assisted bicycle on a highway or bicycle facility unless he or she is wearing a properly fitted and fastened protective helmet. Operating in accordance with regulations 145(5) A person operating a bicycle or power-assisted bicycle on a highway must operate it in accordance with the regulations. Operating in single file 145(6) A person must not operate a bicycle or power-assisted bicycle on a highway beside a moped, bicycle or power-assisted bicycle that is operating in the same traffic lane. Exception to subsection (6) 145(7) Subsection (6) does not apply (a) when the person is (i) making or attempting to make a turn on the highway, or (ii) overtaking or passing a moped, bicycle or power-assisted bicycle; or (b) if the bicycle or power-assisted bicycle is being operated in circumstances in which the regulations allow it to be operated contrary to that subsection. Bicycles on sidewalks 145(8) Subject to subsection (9), no person shall operate on a sidewalk a bicycle with a rear wheel the diameter of which exceeds 410 mm. Exception to subsection (8) 145(9) Subsection (8) does not apply to a sidewalk that is marked by a traffic control device permitting the operation of a bicycle on the sidewalk. S.M. 1989-90, c. 56, s. 14 to 16; S.M. 1996, c. 26, s. 15 ; S.M. 2004, c. 30, s. 19 ; S.M. 2012, c. 34, s. 5 ; S.M. 2018, c. 10, Sch. B, s. 51 . Cyclists and passengers under 18 must wear helmets 145.0.1(1) A person who is under 18 years of age must wear a properly fitted and fastened protective helmet at all times when he or she (a) drives a bicycle; (b) rides a bicycle as a passenger; or (c) rides on or is towed in anything that is attached to or towed by a bicycle. The helmet must be suitable for cycling use. Parents' and guardians' responsibility re children 145.0.1(2) A child's parent or guardian must not allow the child to (a) drive a bicycle; (b) ride a bicycle as a passenger; or (c) ride on or be towed in anything that is attached to or towed by a bicycle; unless the child wears a properly fitted and fastened protective helmet that is suitable for cycling use. Driver's responsibility re child passengers 145.0.1(3) At all times when a child is a passenger on a bicycle, or on or in anything attached to or towed by a bicycle, the bicycle's driver must ensure that the child is wearing a properly fitted and fastened protective helmet that is suitable for cycling use. Exception for private property 145.0.1(4) This section applies wherever a bicycle is driven within Manitoba except (a) on privately owned residential property, including privately owned seasonal residential property; and (b) on privately owned non-commercial or agricultural property outside an urban municipality on which the cyclist has permission to drive the bicycle from a person who owns or has control over the property. Offence and penalty 145.0.1(5) A person who contravenes subsection (1), (2) or (3) is guilty of an offence and, subject to subsection (7), is liable on summary conviction to a fine of not more than $50. Children under age 14 not subject to penalty 145.0.1(6) Subsection (5) does not apply to a person who contravenes subsection (1), (2) or (3) if the person is under 14 years of age at the time of the contravention. Alternative disposition for first offence 145.0.1(7) When a person's contravention under this section is the person's first offence or, if the regulations extend the application of this subsection, is a subsequent offence, (a) the person must fulfill the requirements of the regulations applicable to the offence; and (b) if a justice is satisfied that the person has fulfilled the applicable requirements of the regulations, the justice must dismiss the prosecution in respect of the offence. Peace officer to give notice of alternative disposition 145.0.1(8) A peace officer who issues a ticket under The Provincial Offences Act for a contravention of subsection (1), (2) or (3) must (a) inform the accused person about the requirements of subsection (7); and (b) must, in the ticket, provide a response period of sufficient length to allow the person a reasonable opportunity to fulfill the applicable requirements of the regulations, having regard to the accused person's circumstances. Regulations 145.0.1(9) The Lieutenant Governor in Council may make regulations (a) for the purpose of subsection (7), (i) respecting requirements that are to be fulfilled by persons who contravene subsection (1), (2) or (3), and (ii) extending the application of that subsection to second or subsequent contraventions of any of subsections (1), (2) and (3), and prescribing which of the requirements established under subclause (i) apply to a second or subsequent contravention; (b) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section. Application of regulations 145.0.1(10) A regulation made under subsection (9) may be general or particular in its application and may apply in whole or in part to one or more classes of persons to the exclusion of others, and to the whole or any part of the province. S.M. 2012, c. 39, s. 2 ; S.M. 2013, c. 47, Sch. A, s. 127 . Attachment to moving vehicles prohibited 145.1(1) No person operating, using or riding on recreational equipment or a motorcycle, moped, bicycle or power-assisted bicycle on a highway shall (a) take hold or keep hold of a moving vehicle; (b) attach himself or herself to a moving vehicle; (c) cause or permit any other person to attach him or her to a moving vehicle; or (d) cause or permit the recreational equipment, motorcycle, moped, bicycle or power-assisted bicycle to be attached to or towed by a moving vehicle. Attaching persons to moving vehicles prohibited 145.1(2) No person shall (a) take hold or keep hold of, or attach himself or herself to, the exterior of a moving vehicle on a highway; or (b) permit himself or herself to be towed by a moving vehicle on a highway. Illegal towing by vehicles 145.1(3) The driver or operator of a moving vehicle on a highway shall not (a) cause or permit a person to take hold or keep hold of, or to attach himself or herself to, the exterior of the vehicle; (b) attach a person to, or cause a person to be attached to, the exterior of the vehicle; (c) cause or permit a person to be towed by the vehicle; or (d) cause or permit recreational equipment or a motorcycle, moped, bicycle or power-assisted bicycle, or any other thing that is not designed, intended, and equipped for the purpose, to be attached to, or towed by, the vehicle. S.M. 2004, c. 30, s. 19 . Riding on a vehicle other than in a seating position 146(1) Except as permitted by the regulations, a person riding in or on a vehicle that is being driven on a highway must be seated on a part of the vehicle that is designed and equipped for passenger seating. Riding on trailer prohibited 146(2) Except as permitted by the regulations, a person must not ride in or on a trailer that is being towed on a highway. Driver must not drive with passenger in trailer or not in a seating position 146(3) Except as permitted by the regulations, a driver must not (a) drive a vehicle on a highway unless every passenger is seated on a part of the vehicle that is designed and equipped for passenger seating; or (b) tow a trailer on a highway if a person is riding in or on it. Regulations 146(4) The Lieutenant Governor in Council may make regulations (a) respecting the exemption, with or without conditions, of certain classes or types of vehicles or classes of persons from the operation of any of subsections (1) to (3); (b) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section. S.M. 2013, c. 50, s. 2 . Prohibition: too many riders 147(1) No person shall do the following on a highway: (a) operate a bicycle or power-assisted bicycle with more persons on it than it was designed or constructed by its manufacturer to carry; or (b) ride, or permit himself or herself to be carried, on a bicycle or power-assisted bicycle being operated by another person, if he or she is riding or being carried on a part of it that (i) was designed and intended by its manufacturer to carry only its operator, or (ii) was not designed or intended by its manufacturer to carry a person. Exception to application of subsection (1) 147(2) When a bicycle or power-assisted bicycle carries its operator and a child, subsection (1) does not apply to the operator or the child if (a) the child is (i) under the age of six years, (ii) on a seat designed for carrying infants on bicycles or power-assisted bicycles, and (iii) wearing a properly fitted and fastened protective helmet; (b) the operator is 16 years of age or older; (c) the seat is (i) firmly attached to the vehicle behind the regular seat, as far forward and in as low a position as is practicable, and (ii) equipped with a seat belt which is fastened around the child at all times when the vehicle is in motion; and (d) the seat or vehicle is equipped with a shield to prevent any part of the child's body or clothing from coming into contact with any of the vehicle's moving parts. Carrying large objects forbidden 147(3) No person shall carry on a bicycle or power-assisted bicycle, or on his or her person while operating or riding on a bicycle or power-assisted bicycle, any object that is of such a size, weight or shape, or is so placed, that it may interfere with the proper operation and control of the vehicle by its operator. S.M. 1989-90, c. 56, s. 17 and 18; S.M. 2004, c. 30, s. 20 . 148 [Repealed] S.M. 1987-88, c. 44, s. 11 . Lamps and reflectors on bicycles and power-assisted bicycles 149(1) Subject to subsection (3), a bicycle or power-assisted bicycle shall be equipped with (a) a headlamp at the front that casts a white light; and (b) a lamp or reflector at the back that casts a red or amber light or reflection and has a surface area of not less than 25 cm 2 . Type of lamps and reflectors required 149(2) The lamps and reflectors required by subsection (1) shall be of such a kind and so constructed that, in normal weather conditions, (a) the headlamp casts a light that is visible from a distance of 90 m in front of the vehicle; and (b) the rear lamp casts or the reflector reflects a light that is visible from a distance of 60 m behind the vehicle. Limitation on application of subsection (1) 149(3) Subsection (1) applies only if the bicycle or power-assisted bicycle is on a highway or bicycle facility at a time when a regulation under this Act requires lamps on vehicles to be lighted. S.M. 1989-90, c. 56, s. 19 and 20; S.M. 2004, c. 30, s. 21 ; S.M. 2018, c. 10, Sch. B, s. 52 . Other required equipment 150(1) No person shall operate a bicycle or power-assisted bicycle on a highway or bicycle facility, or cause or permit one to be operated there, unless it is equipped as required by this Act and the regulations. Inspection 150(2) A peace officer may (a) at any time stop and inspect, or cause to be inspected, any equipment on a bicycle or power-assisted bicycle on a highway or bicycle facility; and (b) if the equipment does not comply with this Act or the regulations, require the operator to have the equipment made to comply. Operator must comply 150(3) The operator shall not operate the bicycle or power-assisted bicycle again until he or she has complied with the peace officer's requirements. Duty of operator to provide assistance 150(4) The operator of a bicycle or power-assisted bicycle that is being inspected shall provide any reasonable assistance and information that the peace officer requests. Prohibited highways and bicycle facilities 150(5) No person shall operate a bicycle or power-assisted bicycle, or cause or permit one to be operated, (a) on any part of a highway or bicycle facility at a time when the operation is prohibited by the regulations; or (b) on any part of a highway or bicycle facility on which the operation is prohibited by the regulations. S.M. 1989-90, c. 56, s. 21 ; S.M. 2004, c. 30, s. 21 . Defacing identification marks on bicycles prohibited 151(1) No person shall deface, obliterate, alter, or render illegible the manufacturer's serial identification number or a municipality's identification mark or number on any bicycle. Prohibition of sale of bicycles bearing identification defaced 151(2) No person shall buy or sell a bicycle on which any such mark or number has been defaced, obliterated, altered or rendered illegible, or which has not clearly and legibly stamped thereon at least the manufacturer's number or a municipality's mark and number. Impoundment of bicycles having defaced identification marks 151(3) Any peace officer who, anywhere in the province, finds a bicycle without either the manufacturer's number or a municipality's identification mark and number plainly stamped thereon, or on which any such mark or number has been defaced, obliterated, altered, or rendered illegible, shall seize the bicycle and bring it before a justice who shall thereupon issue a summons addressed to the person in whose apparent possession the bicycle was at the time of seizure commanding him, at the time and place therein named, to show cause why it should not be confiscated. Confiscation of bicycle 151(4) Upon the matter being heard, the justice shall make an order that the bicycle be confiscated to the municipality in which it was seized unless he is satisfied (a) that no breach of this Act has been committed in respect of the bicycle; or (b) that the person summoned acquired the bicycle in good faith and has had possession thereof for at least three years without knowledge of any breach of this Act with respect thereto; in either of which cases the bicycle shall be restored to the person in whose apparent possession it was at the time of the seizure. Order for payment of cost to owner of confiscated bicycle 151(5) Where a bicycle is confiscated under subsection (4), and the justice is satisfied that the person in whose apparent possession it was at the time of seizure acquired it in good faith and without knowledge of any breach of this Act in respect thereto, he may, on application by that person, issue a summons addressed to the person from whom the applicant alleges that he purchased it, commanding him, at the time and place named in the summons, to show cause, why an order should not be made requiring him to repay to the applicant the purchase price of the bicycle or such smaller amount as the justice may fix, having regard to the amount of use of the bicycle which the applicant has had and the age and condition thereof. Order for payment 151(6) Upon the hearing of a matter arising under subsection (5), the justice may by an order, separate from, and subsequent to, any conviction or order of confiscation, adjudge that the person who sold the bicycle to the applicant shall repay to the applicant the purchase price thereof or such smaller amount as the justice may fix, having regard to the amount of use of the bicycle which the applicant has had and the age and condition thereof. Disposal of other matters 151(7) Where all parties are before the justice at the time of making an order confiscating a bicycle, he may, at that time, hear and dispose of any matter arising under subsection (5) and make an order in respect thereto. Sale of confiscated bicycle 151(8) Any bicycle confiscated under subsection (4) may be sold by the municipality at public auction not less than three months after the confiscation; but if the bicycle is claimed within three months after being so confiscated it shall be restored to the claimant who satisfies the secretary, clerk, or licence inspector of the municipality that he is the rightful owner thereof. Marking of confiscated bicycle for identification 151(9) Before a bicycle that has been seized under subsection (3) is sold or restored to its owner, the secretary, clerk, or licence inspector, as the case may be, shall cause to be stamped thereon with steel dies an identification mark and serial number, a record of which shall be kept by the municipality; and any peace officer shall similarly cause to be stamped any bicycle presented to him for the purpose by any person who satisfies him that he is the rightful owner thereof and that he has not knowingly committed any breach of this section. Complementary by-laws 151(10) The council of any municipality may pass by-laws, not inconsistent herewith, regulating the exercise or discharge of the powers and obligations contained in subsections (8) and (9). S.M. 2005, c. 8, s. 17 . Returns by second-hand bicycle dealers 152(1) Every dealer in second-hand bicycles and every dealer in second-hand bicycle parts shall (a) keep a record of the bicycles and parts bought, sold, and otherwise acquired or disposed of by him; and (b) make such returns, in such form, and to such persons, and at such times, as the Lieutenant Governor in Council may, by the regulations, prescribe. Form and contents of return 152(2) The record required to be kept under clause (1)⁠(a) shall be in such form, and contain such information, as the Lieutenant Governor in Council may, by the regulations, prescribe. 152(3) [Repealed] S.M. 2005, c. 37, Sch. B, s. 31 . S.M. 2005, c. 37, Sch. B, s. 31 . DIVISION IV.1 SHARED STREETS Designation of shared street 152.1(1) A traffic authority may designate a roadway or portion of a roadway under its jurisdiction as a 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 152.2 A traffic authority must fix a speed limit for a shared street that does not exceed 20 km/h. S.M. 2022, c. 18, s. 3 . Traffic control devices 152.3(1) A traffic authority that designates a shared street must indicate the designation by traffic control devices erected in accordance with the regulations. 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 152.4(1) On a 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 153(1) Where loss or damage is sustained by any person by reason of a motor vehicle upon a highway the onus of proof that the loss or damage did not arise entirely or solely through the negligence or improper conduct of the owner or driver is upon the owner or driver. Limitation of subsection (1) 153(2) Subsection (1) does not apply in case of a collision between motor vehicles on the highway or to an action brought by a passenger in a motor vehicle other than a regulated vehicle in respect of any injuries sustained by the person while a passenger. Certain drivers deemed agents of owner 153(3) In an action for the recovery of loss or damage sustained by a person by reason of a motor vehicle upon a highway, every person driving the motor vehicle who is living with, and as a member of the family of, the owner thereof, and every person driving the motor vehicle who has acquired possession of it with the consent express or implied of the owner thereof, shall be deemed to be the agent or servant of the owner of the motor vehicle and to be employed as such and shall be deemed to be driving the motor vehicle in the course of his employment; but nothing in this subsection relieves any person deemed to be the agent or servant of the owner and to be driving the motor vehicle in the course of his employment from liability for such damages. S.M. 2018, c. 10, Sch. B, s. 53 . DAMAGES Penalties not a bar to damages 154 No penalty or imprisonment is a bar to recovery of damages by an injured person. ACCIDENT REPORTS Meaning of "accident" 155(1) In this section, "accident" means (a) a collision between two or more vehicles, including a collision between a moving vehicle and a stationary vehicle; (b) a collision in which a vehicle collides with a person under any circumstances or with an object or animal; or (c) another event in which a person is injured or killed by a vehicle in motion or as a result of the use of a vehicle on a highway. Accident reports by drivers 155(2) The driver of a vehicle that is involved in an accident must without delay give the information set out in subsection (3) to (a) the driver of any other vehicle involved in the accident; (b) any person who is injured in the accident; and (c) any person whose property is damaged as a result of the accident. Information to be given 155(3) The information required to be given under subsection (2) is (a) the name and address of the driver giving the report; (b) a statement as to whether the driver has a valid driver's licence or out-of-province driving permit and if so, the number of the licence or permit and the date of its expected expiration; (c) a statement as to whether the vehicle being driven by the driver is validly registered, if the vehicle is required to be registered, and if so, the vehicle's registration number and date of the registration's expiration; (d) the number of the driver's motor vehicle liability insurance policy and name of the insurer, if applicable; and (e) if the driver is not the vehicle's owner, (i) the name and address of the owner and registered owner, if they are different, and (ii) the number of the owner's or registered owner's motor vehicle liability insurance policy and name of the insurer, if applicable and if that information is known to the driver. Report to a peace officer at accident scene 155(4) If a peace officer is in attendance at the place of an accident and so requests, the driver of any vehicle involved in the accident must give the peace officer the information required by subsection (3) and any other information that the peace officer requires about the driver, the vehicle or the accident. Requirement to stop vehicle 155(5) For greater certainty, a driver to whom subsection (2) or (4) applies is required to stop the vehicle at the place where the accident occurs for the purpose of complying with that subsection. Police reports of certain accidents 155(6) The driver of a vehicle that is involved in an accident must make a police report about the accident if (a) the driver, for any reason, did not or was not able to give a peace officer the information required by subsection (3) at the place of the accident; and (b) any of the criteria set out in subsection (7) apply in respect of the accident. Criteria for making a police report 155(7) A police report must be made if the driver (referred to in this subsection as the "first driver") is aware or has reason to believe at the time of the accident, or is later made aware, (a) that a person, including the first driver, was injured in the accident and was admitted to hospital for observation or treatment for the injury; (b) that a person injured in the accident has died; (c) that the driver of another vehicle involved in the accident did not hold a valid driver's licence or out-of-province driving permit at the time of the accident; (d) that another vehicle involved in the accident was not validly registered under The Drivers and Vehicles Act or a similar Act in another jurisdiction despite being required to be registered; (e) that the driver of another vehicle involved in the accident did not provide the first driver with the information required by subsection (3); (f) that the driver of another vehicle involved in the accident did not stop the vehicle at the place of the accident for the purpose of this section or in contravention of the Criminal Code ; or (g) that the consumption of alcohol or another intoxicating substance by the driver of another vehicle involved in the accident was a cause or contributing factor of the accident. Time for making police report 155(8) Except as provided by subsection (9), a driver who is required to make a police report by subsection (6) must make it within seven days after (a) the day of the accident; or (b) the day on which the driver is made aware that any of the criteria set out in subsection (7) apply in respect of the accident; whichever is later. Exception 155(9) If because of injury or illness the driver is unable to make the police report within the time required by subsection (8), the driver must make the report as soon as the driver's health permits. How to make a police report 155(10) A police report required by subsection (6) must (a) be provided to a detachment of the police service that has police jurisdiction at the place of the accident; (b) be made in a form approved by the registrar and contain (i) the information about the accident and persons involved in it or affected by it that the registrar requires, and (ii) any further information about the accident or those persons that the peace officer receiving the report requires; and (c) be signed by means of an original or electronic signature by the driver. Police report by owner 155(11) If the driver of a vehicle does not or is not able to make a police report, the requirements of subsections (6) to (10) apply, with necessary changes, to an owner of the vehicle who was present at the time of the accident. Police report by other person in control of vehicle 155(12) In the case of a vehicle driven by a student driver or a novice driver who holds a driver's licence of any class or subclass that requires the driver to be supervised, while driving, by a supervising driver, the police report required by subsection (6) may be made in part or in whole by the driving instructor or supervising driver. Registrar may require police report to be made 155(13) If any of the criteria set out in subsection (7) apply in respect of an accident, the registrar may require any of the following persons to make a police report in accordance with subsections (6) to (10): (a) the driver of a vehicle involved in the accident; (b) an owner of a vehicle involved in the accident who was present at the time of the accident. Complying with registrar's requirements 155(14) When the registrar requires a person to make a police report under subsection (13), the person must make it in accordance with the registrar's requirements. Police report by passenger 155(15) If a driver or vehicle owner fails to make a police report as required by subsections (6) to (11), a passenger who was in the vehicle at the time of the accident must make the police report. Time limit for prosecution 155(16) A prosecution for a contravention of a provision of this section may not be commenced later than two years after the day the alleged offence was committed. S.M. 1989-90, c. 56, s. 22 ; S.M. 1991-92, c. 25, s. 39 and 40; S.M. 1997, c. 54, s. 2 ; S.M. 2002, c. 40, s. 10 ; S.M. 2005, c. 37, Sch. B, s. 32 ; S.M. 2011, c. 27, s. 2 ; S.M. 2012, c. 40, s. 25 ; S.M. 2022, c. 13, s. 10 . Action when domestic animal injured or killed 155.1(1) When a domestic animal is injured or killed in a collision with a vehicle on a highway, the driver, or — if the driver is incapacitated — a passenger, must (a) remove the animal from the roadway if it is on the roadway and removing it is practicable; (b) report the collision without delay to a peace officer if the animal is not removed from the roadway; and (c) report the collision without delay (i) to the animal's owner if the owner is known or can readily be located, or (ii) to the clerk of the municipality in which the collision occurs if the animal's owner is not known and cannot readily be located and the collision has not been reported to a peace officer under clause (b). Action by peace officer or municipal clerk 155.1(2) A peace officer or municipal clerk to whom a report is made under subsection (1) must report the collision to an animal protection officer appointed under The Animal Care Act . S.M. 2011, c. 27, s. 2 . 156 [Repealed] S.M. 1997, c. 37, s. 17 . 157 [Repealed] S.M. 1985-86, c. 12, s. 11 to 14; S.M. 1986-87, c. 14, s. 19 ; S.M. 1987-88, c. 23, s. 11 and 12; S.M. 1991-92, c. 25, s. 42 to 44; S.M. 1995, c. 31, s. 11 ; S.M. 1999, c. 12, s. 5 ; S.M. 2005, c. 37, Sch. B, s. 33 ; S.M. 2012, c. 40, s. 25 ; S.M. 2022, c. 13, s. 11 . Reports confidential 158(1) Except as herein provided, a statement or written report made or furnished under section 155 (a) is not open to public inspection; and (b) on the trial of the person making the statement or report on a charge of having violated any provision of The Drivers and Vehicles Act or of this Act, other than section 224, or any provision of a municipal by-law, is not admissible in evidence and shall not be used, nor shall any reference to it be made for any purpose in connection with such a trial. Information to be furnished by peace officer 158(2) Every peace officer to whom any such report or statement is made shall forthwith deliver or mail, (a) in the case of a constable of the Royal Canadian Mounted Police Force, to the senior officer of that force in Manitoba; and (b) in other cases, to the chief constable of the force to which the peace officer belongs or of the municipality in which the accident occurred; the following information, if it is available, that is to say, (c) the date, time, and place, of the accident to which the report or statement relates; (d) the name, address, and occupation, of the owner of each vehicle involved and of the driver thereof; (e) the details respecting the make, year, and type of each vehicle, the vehicle identification number thereof, and the registration number thereof; (f) the number of the licence issued to the driver of each vehicle; (g) the particulars as to the motor vehicle liability insurance card or financial responsibility card, if any, issued in respect of each vehicle, the number of the insurance policy issued in respect of each vehicle, the date of expiry thereof, and the name of the insurer by which the policy was issued; (h) the speed and direction of travel of each vehicle immediately before the occurrence of the accident; (i) the traffic control devices, if any, situated adjacent to the scene of the accident; (j) the light conditions and weather conditions existing at the time of the accident; (k) the type of road construction at the scene of the accident, and the condition of the road; and (l) the number of passengers, if any, in each vehicle. Copies to registrar 158(3) The senior officer in Manitoba of the Royal Canadian Mounted Police Force and the chief constable of each municipality, on receipt of the particulars of an accident, or a report and statement concerning an accident, in which a vehicle is in any manner, directly or indirectly, involved, shall forthwith send to the registrar a copy of those particulars or of that report and statement on a form prescribed by, or satisfactory to, the registrar. Copies to interested parties 158(4) On request of a person involved in the accident or his authorized representative, or a person or insurance company who or which has paid, or may be liable to pay, for damages resulting from the accident, the senior officer or chief constable, as the case may be, shall furnish to him (a) the information received by him under subsection (2) respecting the accident; and (b) if authorized in writing by the Minister of Justice, either generally or in any specific case, such other information and particulars contained in the report or statement as may be specified in the written authorization. S.M. 1993, c. 48, s. 68 ; S.M. 1997, c. 37, s. 18 ; S.M. 2005, c. 37, Sch. B, s. 34 . Supplemental reports 159(1) The registrar may require the driver, owner, or other person in charge, of a vehicle that is in any manner, directly or indirectly, involved in an accident, and any peace officer to file, upon a form furnished by the registrar, a supplemental report of an accident in any case where, in the opinion of the registrar, the original report of the accident is insufficient. Confidential 159(2) A supplemental report furnished under subsection (1) is without prejudice, and for the information of the minister and the registrar, and is not open to public inspection. PROOF OF FINANCIAL RESPONSIBILITY Giving of proof of financial responsibility 160(1) If this Act or The Drivers and Vehicles Act requires a person to give proof of financial responsibility, the person shall give it to the registrar unless this Act or The Drivers and Vehicles Act requires it to be given to another person. Maintenance of proof 160(2) If proof of financial responsibility is required to be given by any person, unless he or she is, under subsection (3), subsequently exempted from maintaining the proof, he or she must thereafter at all times maintain it (a) while he or she holds a driver's licence; or (b) while any motor vehicle is registered in his or her name; or (c) in the case of a person who is not a resident of the province, while he or she has the privilege of driving a motor vehicle in the province or the privilege of using, or having in the province, a motor vehicle registered in his or her name in any province, state, or country; and the registrar shall suspend the licence or permit of, and the registration of every motor vehicle registered in the name of, any person who fails to comply with this subsection until he or she gives proof of financial responsibility. Exemption from maintenance of proof of financial responsibility 160(3) Where a person is required to give proof of financial responsibility under section 270 in respect of a judgment or accident, if, after a period of thirty-six months next following the end of the month in which the liability to give proof first arose, and the registrar is satisfied that the judgment has been satisfied, the registrar shall exempt the person from maintaining proof in respect of the judgment or accident. Amount of proof required 160(4) Subject to subsections (5) and (6), a person who is required to give proof of financial responsibility shall give proof of responsibility that (a) is in an amount not less than $500,000, excluding interest and costs, in respect of liability for any or all of the following, arising out of one accident: (i) bodily injury to, or the death of, one or more persons, (ii) loss of, or damage to, property; and (b) includes the provision that (i) claims arising out of bodily injury or death have priority, to the extent of $450,000, over claims arising out of loss of, or damage to, property, and (ii) claims arising out of loss of, or damage to, property have priority, to the extent of $50,000, over claims arising out of bodily injury or death. Proof by owner for each vehicle 160(4.1) If the person giving proof of financial responsibility is an owner, the person shall give proof of responsibility that complies with subsection (4) in respect of each vehicle registered in his or her name. Where additional proof required 160(5) The minister may, in his discretion, at any time, require proof of additional financial responsibility to that filed or deposited by a driver or owner pursuant to this Part; and the registrar may suspend the driver's licence and the owner's registration, if any, until the proof has been furnished. Proof by owner of fleet 160(6) In the case of an owner of ten or more motor vehicles to whom this Part applies, proof of financial responsibility in a form, and in an amount not less than $500,000, satisfactory to the registrar, may be accepted as sufficient for the purposes of this Part. S.M. 2001, c. 7, s. 15 ; S.M. 2004, c. 30, s. 23 ; S.M. 2005, c. 37, Sch. B, s. 35 ; S.M. 2018, c. 10, Sch. B, s. 54 ; S.M. 2022, c. 39, s. 29 . Form of proof 161(1) Subject to subsection 160(6), where proof of financial responsibility is required to be given by any person, it shall be given in one of the alternative forms hereinafter described, namely;

(a) the written certificate, filed with the registrar, of an insurance company duly authorized to carry on in the province the business of automobile insurance, which certificate shall certify (i) that the company has issued to, or for the benefit of the insured named therein, a motor vehicle liability policy, in the form required by this Part, which, at the date of the certificate, is in full force and effect, and (ii) that the motor vehicle liability policy therein mentioned shall not be cancelled or expire except upon 10 days' prior written notice thereof to the registrar; or (b) the bond of a guarantee insurance or surety company duly authorized to carry on business in the province, which bond shall (i) be payable to the Minister of Finance, (ii) be in a form approved by the registrar, (iii) be filed with the registrar, (iv) be conditioned for the payment of the amount specified in this Part, and (v) not be cancelled or expire except after 10 days' written notice to the registrar; or (c) the certificate of the Minister of Finance that the person named therein has deposited with him a sum of money, or security for money approved by the Minister of Finance, in an amount equal to the sum of the minimum amounts required for each motor vehicle registered in the name of the person; which deposit shall be accepted and certificate issued by the Minister of Finance on request by that person; or (d) a motor vehicle liability insurance card. Effect of cancellation, etc., of licence of insurer 161(2) Where the Superintendent of Insurance notifies the registrar that the licence of an insurer duly authorized to carry on in the province the business of automobile insurance has been cancelled or suspended, a certificate given under clause (1)⁠(a) by that insurer is not, thereafter, proof of financial responsibility; and the registrar shall immediately require every person who is maintaining proof of financial responsibility by such a certificate from that insurer to file, within ten days or such shorter period as may be fixed by the registrar, further proof of financial responsibility by a certificate from some other insurer or in any other form authorized by subsection (1). Failure to file further proof 161(3) Where a person required under subsection (2), to file further proof of financial responsibility fails to do so within the time fixed, this Part applies as if he had not previously filed proof of financial responsibility. Validity of certificate 161(4) Where a certificate has been given by an insurance company under clause (1)⁠(a), until notice of cancellation or expiration is given by the company to the registrar as provided in that clause or until the certificate ceases, as provided in subsection (2), to be proof of financial responsibility, the certificate is valid and sufficient to cover the term of renewal of a motor vehicle liability policy by the insurer, or any renewal or extension of the term of the insured's licence or registration by the registrar. Proof by non-residents 161(5) A person who is not a resident of Manitoba may, for the purposes of this Part, give proof of financial responsibility, (a) as provided in subsection (1); or (b) subject to subsection (6), by filing a certificate of insurance in a form approved by the registrar, issued by any insurer authorized to transact automobile insurance in the province, state, territory, district, or country, in which the person resides. Certificates of unlicensed insurers 161(6) A certificate issued under clause (5)⁠(b) by an insurer that is not authorized to carry on in Manitoba the business of automobile insurance is not effectual for the purpose of subsection (5) unless the insurer has filed with the Superintendent of Insurance, in a form prescribed by him, (a) a power of attorney authorizing the Superintendent of Insurance to accept service of notice or process for itself in any action or proceeding against it arising out of a motor vehicle accident in Manitoba; (b) an undertaking (i) to appear in any action or proceeding against it or its insured arising out of a motor vehicle accident in Manitoba and of which it has knowledge, (ii) that upon receipt from the Superintendent of Insurance of any notice or process served upon him in respect of its insured, or in respect of its insured and another or others, and sent by the superintendent to it as hereinafter provided, it will forthwith cause the notice or process to be personally served upon its insured, and (iii) not to set up any defence to any claim, action, or proceeding, under a motor vehicle liability policy issued by it, which might not be set up if the policy had been issued in Manitoba in accordance with the law of Manitoba relating to motor vehicle liability policies, and to satisfy up to the limits of liability stated in the policy and, in any event, to an amount not less than the limits of liability fixed in section 160 any judgment rendered against it or its insured by a court in Manitoba, and become final, in any such action or proceeding. Service of documents on unlicensed insurers 161(7) Subject to subsection (8), where an insurer to which subsection (5) refers is not authorized to carry on in Manitoba the business of automobile insurance, notice or process in any action or proceeding in Manitoba against it or its insured arising out of a motor vehicle accident in Manitoba, may be effectually served upon the insurer or the insured, or upon both of them, by leaving three copies of the notice or process with the Superintendent of Insurance. Statement furnished to Superintendent of Insurance 161(8) Where the insurer is not a party to the action or proceeding, the person who leaves with the superintendent the copies of the notice or process shall, at the same time, leave with him a written statement, signed by the person who issued or caused to be issued the notice or process, and stating the full name and address of the insurer against whose insured the action or proceeding is taken. Action by Superintendent of Insurance 161(9) Upon receipt of notice or process under subsection (7), the Superintendent of Insurance shall forthwith mail two copies thereof, by registered mail, to the insurer at its address last known to him. Evidence of undertaking by unlicensed insurer 161(10) In any action or proceeding against an insurer who has given to the superintendent an undertaking under clause (6)⁠(b), the plaintiff may give evidence of the undertaking; and the undertaking shall for all purposes of the action or proceeding be deemed to be a covenant for valuable consideration made by the insurer with the plaintiff. Action on default by unlicensed insurer 161(11) Where an insurer that has filed the documents described in subsection (6) defaults thereunder, certificates of the insurer shall not thereafter be accepted as proof of financial responsibility so long as the default continues; and the registrar shall forthwith give written notice of the default to the Superintendent of Insurance and to the proper officers in charge of the registration of motor vehicles, and the licensing of drivers, in all provinces of Canada and in all states, territories, or districts, in the United States where the certificates of the insurer are accepted as proof of financial responsibility. S.M. 2022, c. 39, s. 30 . 162 and 163 [Repealed] S.M. 2018, c. 10, Sch. B, s. 55 . DISPOSITION OF DEPOSITS Proof of financial responsibility as security for payment 164(1) Proof of financial responsibility given under section 161, shall be held as security for the payment of any judgment that may be recovered against the person making the deposit in an action for damages resulting from bodily injury to, or the death of, another or damage exceeding $1,000. to property caused by an accident, occurring after the date upon which the deposit is made and occasioned by, or arising out of, the ownership, maintenance, operation, or use, of a motor vehicle by the person making the deposit or by any other person for whose negligence the person making the deposit is liable. 164(2) [Repealed] S.M. 2018, c. 10, Sch. B, s. 56 . Order for payment from security deposited 164(3) Money and securities deposited with the Minister of Finance shall be paid over by him on the order of the court, or of a judge thereof, to satisfy a judgment recovered as set out in subsection (1), or to satisfy any sum that may be agreed upon as liquidated damages occasioned by, or arising out of, the accident. Security not subject to other claims 164(4) A bond, money, or security, deposited with the registrar or the Minister of Finance pursuant to section 161, shall not, in the hands of the registrar or the Minister of Finance, respectively, be subject to any other claim or demand. Action to recover on bond 164(5) Where a judgment to which this Part applies is rendered against the principal named in the bond deposited with the registrar, and the judgment is not satisfied within thirty days after it has been rendered, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action on the bond in the name of the Minister of Finance; and may, to the extent of the bond but no more, recover the amount of his judgment and costs against the person executing the bond; and the amount so recovered shall, on the order of the court in which the judgment is obtained, or of a judge thereof, be paid over to the person recovering the judgment. Payment where settlement made 164(6) Where the Minister of Finance is satisfied that a sum has been agreed upon as liquidated damages occasioned by, or arising out of, the accident, upon request of the person making the deposit he may, from the money or securities so deposited, pay to the person entitled thereto the sum agreed upon; and, if he is satisfied that the sum agreed upon has been paid, he may pay to the person making the deposit the money or securities so deposited with him or the balance thereof remaining in his hands after making payment as aforesaid of the sum agreed upon. S.M. 1991-92, c. 25, s. 40 ; S.M. 2018, c. 10, Sch. B, s. 56 . INSURANCE POLICIES Nature of liability policy 165(1) A motor vehicle liability policy to which reference is made in this Part includes insurance coverage provided under The Manitoba Public Insurance Corporation Act and the regulations made thereunder, whether evidenced by a form of policy or not, or in a form prescribed under The Insurance Act . Delivery of certificate of financial responsibility 165(2) Any insurer that has issued a motor vehicle liability policy to a person who is required under this Part to give proof of financial responsibility shall, as and when the insured requests, deliver to him for filing, or file direct with the registrar, a certificate for the purposes of this Part. Certificate conclusive 165(3) Such a certificate filed with the registrar shall be a conclusive admission by the insurer that a policy has been issued in the form prescribed by subsection (1) and in accordance with the terms of the certificate. Notice of cancellation or expiry of policy 165(4) Every insurer shall notify the registrar of the cancellation or expiry of any motor vehicle liability policy for which a certificate has been issued, at least ten days before the date of the cancellation or expiry; and, in the event of failure to give such notice, the policy shall remain in full force and effect. RECIPROCAL ARRANGEMENTS Suspension of driving privileges of non-resident judgment debtor 166(1) Subject to subsection 270(1), where a judgment is rendered by any court in Canada or the United States against a person who is not a resident of the province and who fails to satisfy the judgment within 30 days from the date thereof, in an action for damages resulting from bodily injury to, or the death of, another, or damage exceeding $1,000. to property, occasioned by, or arising out of, the ownership, maintenance, operation, or use, of a motor vehicle by that person, the privilege of driving a motor vehicle in the province (other than to remove it therefrom) and the privilege of using, or having in the province, a motor vehicle registered in any province, state, or country in the name of that person, by reason thereof, is and becomes suspended forthwith upon the recovery of the judgment, and remains suspended until the person has, to the extent required by subsection 270(5), discharged or satisfied the judgment and given proof of financial responsibility. Suspension of non-resident for conviction 166(2) Where a person who is not a resident of the province is convicted by any court in Canada or the United States of an offence mentioned in subsection 264(1), or of an offence that, if committed in Manitoba, would be a violation of one or more of the provisions of the law mentioned in subsection 264(1), or forfeits his bail when charged with such an offence, the privilege of driving a motor vehicle in the province (other than to remove it therefrom) and the privilege of using, or having in the province, a motor vehicle registered in any province, state, or country in the name of that person, by reason of the conviction or forfeiture, is and becomes suspended forthwith upon such conviction or forfeiture, and remains suspended until he gives proof of financial responsibility. Suspension of non-resident involved in accident 166(3) Where a person who is not a resident of the province is the driver or owner of a motor vehicle that is in any manner, directly or indirectly, involved in an accident causing bodily injury to, or the death of, any person or damage to property in an amount apparently exceeding $1,000., the privilege of driving a motor vehicle in the province (other than to remove it therefrom) and the privilege of using, or having in the province, a motor vehicle registered in any province, state, or country in the name of that person, by reason of the motor vehicle being, directly or indirectly, involved in the accident, is suspended forthwith upon the happening of the accident, and remains suspended until the person (a) gives security, sufficient in the opinion of the registrar, to satisfy any judgment that may thereafter be recovered against that person as a result of the accident, or any sum that may be agreed upon as liquidated damages, but subject to the limit as to amount stated in section 160; and (b) gives proof of financial responsibility. S.M. 1991-92, c. 25, s. 40 and 46. Reciprocal suspension and cancellation of licences and registrations 167 Where under the laws of a province or territory of Canada or a state of the United States of America or the District of Columbia, a person's licence or the registration of a person's motor vehicle is suspended, cancelled or revoked or a person is disqualified or prohibited from driving a motor vehicle, holding a driver's licence or registering his or her vehicle under a provision of that law that the registrar determines to be analogous to a provision of this Act or the regulations, the registrar shall suspend, cancel or revoke the person's licence or the registration of the person's motor vehicle or disqualify the person from driving a motor vehicle, applying for or holding a driver's licence or registering his or her vehicle in Manitoba for the length of time provided under that law. S.M. 1989-90, c. 56, s. 23 . PART VI PROHIBITIONS, OFFENCES, AND PENALTIES DIVISION I PROHIBITIONS REGISTRATIONS, LICENCES AND PERMITS, AND USE OF VEHICLES AND HIGHWAYS GENERALLY 168 [Repealed] S.M. 2001, c. 7, s. 16 ; S.M. 2025, c. 32, s. 11 . 169 [Repealed] S.M. 2018, c. 10, Sch. B, s. 57 . Prohibitions respecting registrations, use of licences, cards, etc. 170(1) No person shall (a) use or possess a fictitious, cancelled or suspended registration; (a.1) use or possess the licence of another person, or permit another to use or possess his or her licence, or possess a fictitious or altered licence, for any purpose other than one described in clause (a.2); (a.2) use or possess the licence of another person, or permit another to use or possess his or her licence, or use or possess a fictitious or altered licence, for the purpose of purchasing or obtaining or attempting to purchase or obtain liquor or cannabis in contravention of The Liquor, Gaming and Cannabis Control Act ; (b) apply for or obtain a new licence (i) while the person's licence is suspended or the person is disqualified from holding a licence, or (ii) if the person has not reinstated his or her licence and right to hold a licence after a suspension or cancellation; (c) apply for or obtain a new a registration card for a vehicle (i) while the vehicle's registration card is suspended or the person is disqualified from registering a vehicle, or (ii) if the person has not reinstated the vehicle's registration card and his or her right to register a vehicle after a suspension or cancellation; (d) use a driver's licence that is not valid; (e) alter or deface a registration card, a licence, a motor vehicle liability insurance card, or a certificate of insurance issued under The Manitoba Public Insurance Corporation Act , or any other document, certificate, permit or card issued under, or required by, this Act or The Drivers and Vehicles Act ; (f) use or possess (i) a licence that has been defaced, or (ii) a registration card, a permit, a motor vehicle liability insurance card, or a certificate of insurance issued under The Manitoba Public Insurance Corporation Act , or any other document, certificate, permit or card issued under, or required by, this Act or The Drivers and Vehicles Act , that has been altered or defaced or is illegible; (g) lend his permit or licence of any class to another person or permit another person to use it; (h) when applying for a driver's licence or permit or a renewal, replacement or reinstatement of a driver's licence or permit represent himself or herself to be another person; or (i) hold, at any time, (i) both a valid driver's licence and a valid out-of-province driving permit, or (ii) more than one valid out-of-province driving permit. Application of clauses (1)⁠(b) and (c) 170(1.1) Clauses (1)⁠(b) and (c) apply whether or not the period for which the cancelled or suspended licence or registration card was issued has expired when the person applies for or obtains the new licence or registration card. Offence and penalty 170(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to the fine set out in subsection 239(1). Additional penalty 170(3) In addition to imposing a fine under subsection (2), the convicting judge or justice (a) shall, if the contravention is under clause (1)⁠(a.2), (i) suspend the person's licence for a term of not more than one year, or (ii) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction, (A) the person does not hold a licence, or (B) the person's licence is suspended or he or she is disqualified from holding a licence; and (b) may, if the contravention is under another clause, impose such a suspension or disqualification. Seizure of registration card, licence or other things 170(4) A peace officer who on reasonable grounds believes that a person has contravened subsection (1) may (a) seize the registration card, licence, document, certificate, permit or other card involved in the contravention; and (b) if the contravention is under clause (1)⁠(a) or (c) or subclause (1)⁠(f)⁠(ii), also seize the number plates involved in the contravention. Disposition of seized items 170(5) If a registration card, number plate, licence, document, certificate, permit or other card has been seized under subsection (4), the judge or justice hearing a proceeding about the contravention may (a) order it confiscated; or (b) order it returned to its owner, subject to such conditions as the judge or justice considers appropriate. S.M. 1989-90, c. 55, s. 9 ; S.M. 1993, c. 40, s. 47 ; S.M. 1994, c. 4, s. 6 ; S.M. 2001, c. 7, s. 17 ; S.M. 2002, c. 40, s. 11 ; S.M. 2005, c. 37, Sch. B, s. 36 ; S.M. 2008, c. 36, s. 38 ; S.M. 2013, c. 51, Sch. B, s. 193 ; S.M. 2018, c. 9, s. 45 . Removing or defacing vehicle identification numbers 171(1) No person shall (a) remove, deface, alter, obliterate, destroy or make illegible the vehicle identification number of a motor vehicle; or (b) operate, buy, sell, offer for sale or expose for sale a motor vehicle unless (i) it has its vehicle identification number, and (ii) that vehicle identification number has not been defaced, altered or obliterated and has not become illegible. Application of clause (1)⁠(a) 171(1.1) Clause (1)⁠(a) does not apply in relation to a motor vehicle whose vehicle identification number (a) is removed or destroyed when a vehicle identification number authorized by the registrar under The Drivers and Vehicles Act is attached; or (b) is destroyed when the motor vehicle is destroyed for scrap by a recycler after he or she has complied with the requirements of the regulations in relation to that motor vehicle. Alteration or illegal use of plates 171(2) No person shall (a) deface or alter a number plate or use or permit the use of a defaced or altered number plate; (b) deface or alter a currently valid validation sticker or use or permit the use of an altered or defaced currently valid validation sticker; (b.1) deface or alter a registration class sticker or use or permit the use on a number plate of an altered or defaced registration class sticker; (c) remove a number plate from a motor vehicle or trailer or a currently valid validation sticker or registration class sticker from the number plate on a motor vehicle or trailer except with the consent of the owner, under the authority of the registrar or as permitted by this Act, The Drivers and Vehicles Act or the regulations under either of those Acts; (c.1) attach or permit the attachment to a motor vehicle or trailer of a fictitious number plate or anything that is made to resemble a number plate; (c.2) operate or permit the operation of a motor vehicle or trailer to which is attached a fictitious number plate or anything that is made to resemble a number plate; (d) attach or permit the attachment to a motor vehicle or trailer of a number plate that is not authorized for use on that motor vehicle or trailer, except as permitted by this Act, The Drivers and Vehicles Act or the regulations under either of those Acts; (e) operate or permit the operation of a motor vehicle or trailer to which is attached a number plate that is not authorized for use on that motor vehicle or trailer, except as permitted by this Act, The Drivers and Vehicles Act or the regulations under either of those Acts; or (f) display a validation sticker or registration class sticker on a number plate on a motor vehicle or trailer if it was not issued for display on that number plate. Offence and penalty 171(3) A person who contravenes a provision of subsection (1) or (2) is guilty of an offence and is liable on summary conviction to the penalties set out in section 239. Seizure of number plates or other things 171(4) A peace officer who on reasonable grounds believes that a person has contravened subsection (2) may seize the sticker, number plate or other thing involved in the contravention. Disposition of seized items 171(5) If a sticker, number plate or other thing has been seized under subsection (4), the judge or justice hearing a proceeding about the contravention may (a) order it confiscated; or (b) order it returned to its owner, subject to such conditions as the judge or justice considers appropriate. S.M. 1994, c. 4, s. 7 ; S.M. 1997, c. 37, s. 19 ; S.M. 2002, c. 40, s. 12 ; S.M. 2005, c. 37, Sch. B, s. 37 . Misrepresenting model year 172(1) No person shall represent the model year of a vehicle on a sale thereof, in offering it for sale, or in any application made for its registration or for a permit for it under this Act or The Drivers and Vehicles Act , to be other than the model year as designated by the manufacturer of the vehicle at the time it was manufactured. 172(2) [Repealed] S.M. 2002, c. 40, s. 13 . S.M. 2002, c. 40, s. 13 ; S.M. 2005, c. 37, Sch. B, s. 38 . Driver's licence required 173(1) No person shall drive a motor vehicle on a highway unless (a) he or she holds a valid driver's licence of a class that authorizes him or her to operate the class of motor vehicle he or she is operating; or (b) he or she holds a valid out-of-province driving permit that authorizes him or her to operate the class of motor vehicle he or she is operating, and he or she is authorized by section 31 of The Drivers and Vehicles Act to drive the motor vehicle in Manitoba. Compliance with restricted licence 173(2) A person who holds a licence issued under section 5 of The Drivers and Vehicles Act shall not drive a motor vehicle other than one the licence authorizes, and shall observe and conform to the restrictions, conditions or limitations stated in the licence. S.M. 2001, c. 7, s. 18 ; S.M. 2005, c. 37, Sch. B, s. 39 . Prohibitions as to age and health 174(1) No person shall drive a motor vehicle upon a highway (a) who is under the age of 16 years; or (b) who has a disease or disability that may be expected to interfere with the safe operation of a motor vehicle that may be operated with the class of licence or permit held by the person. Non-application of clause (1)⁠(a) 174(2) Clause (1)⁠(a) does not apply to a novice driver who holds a licence of a class or subclass prescribed for novice drivers in the regulations under The Drivers and Vehicles Act . Minimum age for driving certain vehicles 174(3) Except as otherwise permitted in this Act or The Off-Road Vehicles Act , no person who is under the age of 18 years shall operate a motor vehicle other than a class 5 or 6 motor vehicle. 174(4) [Repealed] S.M. 2005, c. 37, Sch. B, s. 40 . S.M. 1989-90, c. 56, s. 24 ; S.M. 1995, c. 31, s. 12 ; S.M. 1999, c. 13, s. 2 ; S.M. 2001, c. 7, s. 19 ; S.M. 2005, c. 37, Sch. B, s. 40 . Driving of overweight vehicles prohibited 175(1) The owner of a motor vehicle or trailer shall not drive or cause it to be driven upon a highway at any time when the gross weight thereof is in excess of that for which the motor vehicle or trailer is registered. 175(2) [Repealed] S.M. 2002, c. 40, s. 13 . S.M. 2002, c. 40, s. 13 . Complying with conditional or restricted registration 176(1) If the registrar has allowed the conditional or restricted registration of a motor vehicle under The Drivers and Vehicles Act , no person shall drive the motor vehicle on a highway, or permit the motor vehicle to be driven on a highway, except in compliance with the conditions or restrictions of the registration. 176(2) [Repealed] S.M. 2002, c. 40, s. 13 . S.M. 1994, c. 4, s. 8 ; S.M. 2002, c. 40, s. 13 ; S.M. 2005, c. 37, Sch. B, s. 41 . Unduly slow speed prohibited 177(1) No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable flow of traffic except when it is necessary to do so for safe operation or to comply with this Part. 177(2) [Repealed] S.M. 1999, c. 13, s. 3 . Speed limit for agricultural equipment 177(3) No person shall drive or tow agricultural equipment on a highway at a speed greater than the lesser of (a) the lowest maximum rated speed set out on the sidewall of a tire of the agricultural equipment; or (b) 70 km/h. Speed limit for self-propelled infrastructure equipment 177(4) No person shall drive self-propelled infrastructure equipment on a highway at a speed greater than 50 km/h. 177(4.1) [Repealed] S.M. 2018, c. 10, Sch. B, s. 58 . 177(5) [Repealed] S.M. 2001, c. 19, s. 18 . S.M. 1989-90, c. 56, s. 25 ; S.M. 1999, c. 13, s. 3 ; S.M. 2001, c. 19, s. 18 ; S.M. 2018, c. 10, Sch. B, s. 58 . Warning device on slow vehicles 178(1) Subject to subsection (2), no person shall drive or operate on a highway any vehicle travelling at a speed less than 40 km/h unless there is displayed on the back thereof a reflectorized warning device indicating that it is a slow moving vehicle, or the vehicle is permitted to be equipped with, and is equipped with, a lamp that emits an amber light and that lights intermittently or flashes, and the lamp is in operation and the light therefrom is visible from the rear. Where subsection (1) not applicable 178(2) Except as provided in the regulations, subsection (1) does not apply to a vehicle that is being driven at a speed of less than 40 km/h (a) in order to comply with any provision of this Act or the regulations or with the order of a peace officer or with the directions indicated by means of a traffic control device; or (b) when the vehicle, having been stopped, has just been put into operation and the speed thereof is being accelerated, or when the speed of the vehicle is being decreased in order to bring it to a stop; or (c) when the vehicle is disabled and is being towed or when, due to mechanical failure, it is impossible to drive the vehicle at more than 40 km/h. S.M. 1996, c. 19, s. 5 ; S.M. 1999, c. 13, s. 4 ; S.M. 2018, c. 10, Sch. B, s. 59 . Unnecessary noise or smoke 179(1) No person in control or charge of a motor vehicle shall, (a) unless the vehicle is an emergency vehicle, sound or permit the sounding of any bell, horn, or other signalling device so as to make an unnecessary noise; or (b) permit any unnecessary amount of smoke to escape from the motor vehicle; or (c) cause the motor vehicle to make an unnecessary noise by cutting out the muffler or otherwise; (d) [repealed] S.M. 2018, c. 10, Sch. B, s. 60 . Unnecessary noise 179(2) No person shall start, drive, turn or stop a motor vehicle, or accelerate the motor of a motor vehicle while it is stationary, in such a manner as to cause any loud and unnecessary noise in, or from, the engine, exhaust system or braking system, or from the contact of tires with the roadway. S.M. 2018, c. 10, Sch. B, s. 60 . Registration of farm truck 180(1) No person, other than a farmer, may register a motor vehicle as a farm truck. 180(1.1) [Repealed] S.M. 2018, c. 10, Sch. B, s. 61 . Authorized use of farm truck 180(2) A farm truck may be used by the registered owner thereof, or by a member of his family or his employee, for the transportation of (a) produce or products, including livestock, of his own farm; or (b) commodities or other property for use on his farm; or (c) produce or products of the farm except (i) milk and eggs belonging to another farmer, and (ii) livestock belonging to another farmer unless the livestock is being transported to or from a farm, pasture or agricultural exhibition or fair and the gross vehicle weight of the vehicle or combination of vehicles used does not exceed 13,500 kilograms; or (d) himself or members of his family, or his employees; or (e) property belonging to another farmer for use on that other farmer's farm. Use of farm truck by municipal councillors etc. 180(2.1) A farm truck may be used (a) by a member of a municipal council, or of the council of a local government district, in the course of performing his or her duties and functions as such; and (b) 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. Limitation on use of farm truck 180(3) No person shall use a farm truck for the transportation of goods, wares, merchandise or other commodities, produce or livestock, or of persons, except as provided in subsections (2) and (2.1). Farm truck not to be used for hire 180(4) Except as permitted under subsection (2.1), no person shall use a farm truck for the transportation of persons or property for hire, gain or reward or the hope or expectation thereof. 180(4.1) [Repealed] S.M. 1999, c. 13, s. 5 . Operation of farm truck for limited compensation 180(5) Notwithstanding subsection (4), a person may use a farm truck (a) to transport cereal grain, oil seeds or sugar beets from the farm where the crop was grown to a grain elevator or processing plant; or (b) to transport vegetables or fruit from the farm where the crop was grown to a processing plant or to market; or (c) to transport livestock to or from a farm, pasture, or agricultural exhibition or fair, where the gross vehicle weight of the vehicle or combination of vehicles used does not exceed 13,500 kilograms; or (d) in the case of a fire of or in a grain elevator, to transport grain stored in the grain elevator to a place directed by the owner of the grain elevator; and may receive compensation therefor not to exceed indemnification for out of pocket expenses actually incurred in the performance of the transportation. Identification of livestock 180(6) Every person transporting livestock by means of a farm truck shall comply with the applicable provisions of The Livestock and Livestock Products Act . S.M. 1985-86, c. 13, s. 3 ; S.M. 1987-88, c. 23, s. 13 to 15; S.M. 1989-90, c. 56, s. 26 to 28; S.M. 1991-92, c. 25, s. 47 and 48; S.M. 1996, c. 19, s. 6 ; S.M. 1997, c. 31, s. 27 ; S.M. 1999, c. 13, s. 5 ; S.M. 2018, c. 10, Sch. B, s. 61 ; S.M. 2023, c. 9, s. 4 . Towing of vehicles transporting hazardous commodities 181 Every person towing a vehicle or tank-trailer that is transporting any hazardous commodity upon a highway shall comply with the regulations. Moving vehicle not under control prohibited 182(1) No person shall cause a vehicle to move on a highway if (a) the control of the driver over the driving mechanism of the vehicle; or (b) the view of the driver to the front or sides of the vehicle; is obstructed or limited by reason of the load or the number of persons on the front seat, or in any other part of the vehicle. Passengers not to block view of driver 182(2) A passenger in a vehicle shall not occupy a position in it that interferes with the driver's view to the front or sides of the vehicle or with his control over the driving mechanism of the vehicle. Undue crowding on front seat prohibited 182(3) No driver of a motor vehicle shall permit more than two passengers to sit on the front or driver's seat of the vehicle while it is being driven on a highway, or permit any passenger to occupy any other portion of the vehicle in such a way that the view of the driver to the front or sides of the vehicle is obstructed or limited. Obstruction of view 182(4) Except as permitted under the regulations, no person shall drive a motor vehicle upon a highway while anything other than a standard rear view mirror or sun visor (a) obstructs the view from the front windshield; or (b) obstructs the view from the side windows; or (c) obstructs the view from the rear windows unless the motor vehicle is equipped on each side thereof with a mirror, securely attached thereto and placed in such a position as to afford the driver, while driving, a clear view of the roadway in the rear and on both sides of the motor vehicle and of any vehicle approaching from the rear. 182(5) to (8) [Repealed] S.M. 2018, c. 10, Sch. B, s. 62 . Occupancy of "bucket" seats 182(9) Where any seat installed in the front of a motor vehicle is of a type designed to accommodate one person only, commonly called a "bucket" seat, (a) the driver of the vehicle shall not permit more than one person to occupy that seat; (b) the driver of the vehicle shall not permit any person to occupy the space between the driver's seat and the seat immediately beside the driver; (c) no person shall, together with another person, occupy the seat; and (d) no person shall occupy the space between the driver's seat and the seat next to the driver's seat. 182(10) [Repealed] S.M. 1989-90, c. 56, s. 30. S.M. 1989-90, c. 56, s. 29 and 30; S.M. 2018, c. 10, Sch. B, s. 62 . Dangerous or unsafe riding 183(1) A person must not ride in a dangerous or unsafe manner in or on a vehicle that is being driven on a highway or any trailer that it is towing. Driver must not drive with passenger riding dangerously or unsafely 183(1.1) A driver must not drive a vehicle on a highway if a person is riding in a dangerous or unsafe manner in or on the vehicle or any trailer that it is towing. Riding in house trailer 183(2) No person shall occupy a house trailer while it is being moved upon a highway. Driver's responsibility for house trailer 183(3) No driver of a motor vehicle towing a house trailer shall permit any person to occupy the house trailer while it is being moved upon a highway. Definition of "house trailer" 183(4) In this section "house trailer" means a vehicle capable of being attached to and drawn by a motor vehicle, and designed, constructed, or equipped for use as living or sleeping quarters for a person or persons. S.M. 2013, c. 50, s. 4 . Driver of motorcycle or moped to be on the seat 184(1) A person who is driving a motorcycle or moped shall ride only upon the regular driver's seat attached to it. 184(2) [Repealed] S.M. 2018, c. 10, Sch. B, s. 63 . Limitation on carriage of passengers on motorcycles 184(3) No person, other than the driver, shall ride on a motorcycle unless (a) it is designed and equipped to carry more than one person; and (b) he rides on a seat attached to the motorcycle and designed to carry a passenger. 184(4) [Repealed] S.M. 2018, c. 10, Sch. B, s. 63 . Responsibility of driver 184(5) No person who is driving a motorcycle shall permit another person to ride on it in violation of subsection (3). Restriction on carrying passengers on a moped 184(6) No person shall carry or transport a passenger on a moped while it is being operated on a highway. Transporting objects on moped 184(7) No person, while operating a moped on a highway, shall carry or transport (a) any object or thing on the front of the moped; or (b) any object or thing on the rear of the moped that is of such size or is placed in such a way as to interfere with the proper operation and control of the moped by the operator, or that constitutes a hazard to other traffic. 184(8) [Repealed] S.M. 2018, c. 10, Sch. B, s. 63 . S.M. 2018, c. 10, Sch. B, s. 63 . Mopeds not to operate on certain Provincial Trunk Highways 185(1) Subject to subsection (2), a person must not operate a moped on a Provincial Trunk Highway on which the speed limit is more than 80 km/h. Exception 185(2) Subsection (1) does not apply to an operator of a moped crossing a Provincial Trunk Highway with a speed limit of more than 80 km/h if the crossing is made at an intersection and in the most direct route. S.M. 1986-87, c. 14, s. 21 and 22; S.M. 2018, c. 10, Sch. B, s. 64 . Safety measures for wheelchair-bound passengers 185.1(1) Except as permitted by the regulations, a driver must not drive a motor vehicle on a highway unless (a) every wheelchair or other mobility aid occupied by a person in the motor vehicle is properly secured with a securement device that meets the requirements of the regulations; and (b) every person occupying a wheelchair or other mobility aid in the motor vehicle is properly restrained by an occupant restraint system that meets the requirements of the regulations. Regulations 185.1(2) The Lieutenant Governor in Council may make regulations (a) respecting the safety of persons occupying wheelchairs and other mobility aids while they are transported in motor vehicles; (b) respecting securement devices for use in motor vehicles transporting persons occupying wheelchairs or other mobility aids and the proper use of such securement devices; (c) respecting occupant restraint systems for persons occupying wheelchairs or other mobility aids in motor vehicles and the proper use of such occupant restraint systems; (d) respecting the exemption, with or without conditions, of certain classes or types of motor vehicles or classes of persons from the operation of subsection (1); (e) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section. S.M. 2013, c. 50, s. 5 . Definition 186(1) In this section, "child restraining device" means a child restraining device as defined in the regulations. 186(2) [Repealed] S.M. 2018, c. 10, Sch. B, s. 65 . Driver must wear seat belt 186(3) Except as permitted by the regulations, the driver of a motor vehicle that is being driven on a highway must wear, in a properly adjusted and securely fastened manner, the complete seat belt provided for the driver's seating position. Passengers must wear seat belts 186(4) Except as permitted by the regulations, a passenger in a motor vehicle that is being driven on a highway must (a) be seated in a seating position for which a seat belt is provided; and (b) wear the complete seat belt in a properly adjusted and securely fastened manner. 186(5) [Repealed] S.M. 2013, c. 50, s. 6 . Driver must not drive if passenger not safely seated 186(6) Except as permitted by the regulations, a driver must not drive a motor vehicle on a highway (a) unless every person in the motor vehicle who is younger than 18 years of age is wearing, in a properly adjusted and securely fastened manner, the complete seat belt provided for the seating position in which the person is seated; (b) if more than one person (i) is seated in a seating position for which a seat belt is provided, or (ii) is wearing the seat belt provided for a seating position; (c) if there are more persons in the motor vehicle than there are seating positions for which seat belts have been provided; or (d) if there are more seating positions in the motor vehicle than were provided by its manufacturer when it was originally manufactured. 186(7) and (8) [Repealed] S.M. 2013, c. 50, s. 6 . Child restraining devices 186(9) No person shall drive a motor vehicle on a highway unless every passenger who is of an age, weight or height specified in the regulations is properly seated and restrained in a child restraining device as required by the regulations. Requirement for seat belts on sale of motor vehicle 186(10) No manufacturer of motor vehicles and no dealer, and no agent or employee of a manufacturer of motor vehicles or a dealer, and no other person, shall sell a motor vehicle that is, or is advertised to be, a motor vehicle of the model or make of the year 1971 or any subsequent year, unless the motor vehicle is equipped at the time of sale with a seat belt assembly or automatic occupant protection system, as defined in and required by the regulations made under the Motor Vehicle Safety Act (Canada), installed by the manufacturer. Removal of seat belts prohibited 186(11) No person shall remove from a motor vehicle any part of a seat belt assembly or automatic occupant protection system as defined in the regulations made under the Motor Vehicle Safety Act (Canada) and as required under those regulations at the time the motor vehicle was manufactured in Canada or imported into Canada, except to replace broken, worn or damaged parts thereof. Offence and penalty 186(12) A person who contravenes this section is guilty of an offence and (a) if the contravention is under subsection (3), (4), (6) or (9), is liable on summary conviction to the penalties set out in section 239; and (b) if the contravention is under subsection (10) or (11), is liable on summary conviction to the fine set out in subsection 239(1). Minors not subject to penalty 186(13) Subsection (12) does not apply to a person who contravenes subsection (4) if that person at the time of the contravention is under 18 years of age. Regulations 186(14) The Lieutenant Governor in Council may make regulations (a) defining "child restraining device"; (b) prescribing standards to which child restraining devices must conform and governing or prohibiting the sale or use of child restraining devices that do not meet the requirements of the standards; (c) for the purpose of clause (5)⁠(h), specifying the age and physical characteristics of children who are exempt from the application of subsection (4); (d) [repealed] S.M. 2018, c. 10, Sch. B, s. 65 ; (e) for the purpose of subsection (9), respecting child restraining devices and their proper use, including (i) specifying the age and physical characteristics of children who are required to be seated in child restraining devices, (ii) classifying children based on age, physical characteristics or other characteristics, (iii) prescribing different child restraining devices for different classes of children, (iv) prescribing the manner in which a child is to be seated and restrained in a child restraining device, and (v) prescribing the manner in which a child restraining device is to be installed or secured in a motor vehicle; (f) respecting the exemption, with or without conditions, of certain classes or types of vehicles or classes of persons from the operation of a provision of this section; (g) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section. S.M. 1991-92, c. 25, s. 49 to 52; S.M. 1992, c. 12, s. 3 ; S.M. 2002, c. 40, s. 14 ; S.M. 2012, c. 10, s. 3 ; S.M. 2013, c. 50, s. 6 ; S.M. 2018, c. 10, Sch. B, s. 65 . Smoking or e-cigarette use prohibited in motor vehicle if child present 186.1(1) No person shall smoke tobacco, have lighted tobacco or use an e-cigarette in a motor vehicle while another person who is younger than 16 years of age is in the vehicle. Smoking or e-cigarette use by children in a motor vehicle prohibited 186.1(2) No person who is younger than 16 years of age shall smoke tobacco, have lighted tobacco or use an e-cigarette in a motor vehicle. This subsection applies even if the person is alone in the vehicle and regardless of the age of any other person in the vehicle. Prohibitions apply whether motor vehicle enclosed or not 186.1(3) Subsections (1) and (2) apply in respect of a motor vehicle even if its top or a window, sunroof, door or other feature of the vehicle is open. Offence and penalty 186.1(4) A person who contravenes subsection (1) or (2) is guilty of an offence and is liable on summary conviction to a fine of not more than $1,000. S.M. 2009, c. 6, s. 2 ; S.M. 2015, c. 36, s. 17 . Helmets required when on a motorcycle or moped 187(1) No person shall ride on or operate a motorcycle or moped on a highway without wearing on his or her head a helmet that is properly adjusted and securely fastened, and conforms to the standards and specifications set out in the regulations. Where helmets not required 187(2) Subsection (1) does not apply to the operator or passenger of a motorcycle which is manufactured with a cab that encloses and protects the operator and passenger. 187(3) [Repealed] S.M. 2002, c. 40, s. 15 . Regulations 187(4) The Lieutenant Governor in Council may make regulations prescribing the standards and specifications of helmets referred to in subsection (1). S.M. 2002, c. 40, s. 15 ; S.M. 2004, c. 30, s. 24 . Definition of "drive carelessly" 188(1) In this section, "drive carelessly" or "driving carelessly" means to drive or driving a vehicle on a highway without due care and attention or without reasonable consideration for other persons using the highway. Prohibition of careless driving 188(2) No person shall drive carelessly. Offence and penalty 188(3) A person who contravenes subsection (2) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000. Licence suspension or disqualification 188(4) In addition to imposing a fine under subsection (3), the convicting judge or justice may (a) suspend the person's licence for a term of not more than one year;

or (b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction, (i) the person does not hold a licence, or (ii) the person's licence is suspended or he or she is disqualified from holding a licence. S.M. 2002, c. 40, s. 16 . Racing on highway prohibited 189(1) No person shall race a motor vehicle with another motor vehicle upon a highway. Offence and penalty 189(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000. Licence suspension or disqualification 189(3) In addition to imposing a fine under subsection (2), the convicting judge or justice may (a) suspend the person's licence for a term of not more than one year; or (b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction, (i) the person does not hold a licence, or (ii) the person's licence is suspended or he or she is disqualified from holding a licence. S.M. 2002, c. 40, s. 17 . Offence re damaging a highway 189.1(1) If a highway is damaged by a vehicle or by the load on a vehicle, the following persons are guilty of an offence: (a) the driver who was driving or towing the vehicle when the damage occurred, and any person who caused or permitted him or her to drive or tow it; (b) any person who loaded the vehicle, and any person who caused or permitted another person to load the vehicle, if the load (i) was higher or wider than the maximum height or width allowed under this Act or the regulations, or (ii) did not comply with the conditions of a permit that had been issued under section 87 in respect of the vehicle or load. Offence by vehicle owner 189.1(2) The owner of a vehicle by means of which or in relation to which an offence under subsection (1) is committed is guilty of the same offence. Penalty 189.1(3) A person who is guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine of not more than $5,000. S.M. 2008, c. 15, s. 2 . Safety zones 190(1) No person shall drive a vehicle through or within a safety zone. 190(2) [Repealed] S.M. 2004, c. 30, s. 25 . S.M. 2004, c. 30, s. 25 . Prohibition of certain U-turns 191 No driver shall turn a vehicle so as to proceed in the opposite direction, (a) unless he can do so without interfering with other traffic; or (b) when he is driving (i) upon a curve; or (ii) upon an approach to, or near, the crest of a grade where the vehicle cannot be seen by the driver of another vehicle approaching from either direction within 150 metres; or (iii) at a place where a sign prohibits making a U-turn. Limitation respecting backing up 192 No driver shall back a vehicle unless the movement can be made in safety and without interfering with other persons upon the highway and other vehicles lawfully thereon. Prohibition of driving on sidewalk 193(1) Except when entering or leaving a driveway or lane or when entering upon or leaving land adjacent to a highway, no driver shall drive a vehicle upon a sidewalk. Driving on a dividing section 193(2) On a divided highway no driver shall drive a vehicle over, across, or within the intervening space, barrier, or dividing section, except at a crossover or intersection established by a traffic authority. Entering limited access highways 194(1) Where on a limited access highway there is a place at which vehicles are permitted to enter, no person shall drive a vehicle onto the highway except at that place. Leaving limited access highways 194(2) Where on a limited access highway there is a place at which vehicles are permitted to leave, no person shall drive a vehicle from the highway except at that place. Driving on median and right-of-way prohibited 195(1) Subject to subsection (2), no person shall drive a motor vehicle upon a median of a highway or any portion of the right-of-way of a highway not designed for travel by motor vehicles. Exceptions 195(2) Subsection (1) does not apply to drivers of tow trucks, police vehicles, or other emergency vehicles including motor vehicles used for the repair or construction of telephone or power lines. S.M. 2018, c. 10, Sch. B, s. 66 . Limitation on locking wheels 196(1) No person driving a vehicle on a highway shall lock any wheel of the vehicle except with the device commonly known as a lock-shoe. Moving dangerous objects prohibited 196(2) No vehicle shall be driven, or object moved over, upon, or along, a highway that is likely to cause damage to the highway. Definition of "air cushion vehicle" 197(1) In this section "air cushion vehicle" means a vehicle other than a motor vehicle, that is designed to derive support and thrust in the atmosphere primarily from reactions against the earth's surface of air expelled from the vehicle and that is commonly referred to as a "hovercraft". Restriction of hovercraft on highways 197(2) No person shall operate an air cushion vehicle over, upon or across a highway except as may be provided in the regulations. Responsibility of owner of air cushion vehicle 197(3) No owner of an air cushion vehicle shall permit or authorize any person to operate the air cushion vehicle over, upon or across a highway except as provided in the regulations. Aircraft use of highways prohibited 197.1(1) Except as permitted by subsection (2), the regulations or a by-law made by a traffic authority under subsection (3), no person shall cause or permit an aircraft (a) to land on a highway; or (b) to take off from a highway. Exceptions for emergency landings, etc. 197.1(2) Subsection (1) does not apply in respect of an aircraft that (a) lands or takes off as the result of a medical emergency or in the course of a search and rescue, police, forest fire fighting or life saving operation; or (b) lands as the result of a mechanical emergency, when no viable landing site other than the highway is available. By-laws by traffic authorities 197.1(3) Subject to subsection (4), a traffic authority that is a municipality, the council of a band or a local government district may make by-laws, not inconsistent with the Aeronautics Act (Canada) and the regulations under that Act, (a) prohibiting aircraft from landing on or taking off from highways under its authority; (b) regulating the use of highways under its authority by aircraft for landings and takeoffs, including, but not limited to, requiring a permit to be obtained before any such use. By-laws subject to regulations in certain cases 197.1(4) A traffic authority may make by-laws under subsection (3) despite any regulations under this Act regulating the use of highways for aircraft landings and takeoffs, but a by-law under clause (3)⁠(b) may not contain safety and other requirements that are less stringent than the requirements set out in the regulations. By-laws affecting departmental roads 197.1(5) When a by-law of a traffic authority under subsection (3) affects a departmental road, as defined in The Transportation Infrastructure Act , the by-law has no effect unless it is approved in writing by the minister or the minister's delegate, and the notice of approval is attached to and forms part of the by-law. Withdrawal of approval 197.1(6) The minister or the minister's delegate may, by a notice in writing, withdraw an approval given under subsection (5), and the withdrawal is effective, and the by-law previously approved is void, on and from the date set out in the notice. Offence and penalty 197.1(7) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000. S.M. 2002, c. 40, s. 18 ; S.M. 2018, c. 10, Sch. B, s. 67 . Cleaning of livestock vehicles 198 A person who transports livestock or other animals in a motor vehicle or trailer shall not drive or leave the motor vehicle or trailer upon any highway when not transporting livestock or other animals unless the motor vehicle or trailer has been thoroughly cleansed and all excrement and filth has been removed therefrom. S.M. 2018, c. 10, Sch. B, s. 68 . AS TO USE OF MOTOR VEHICLE BY PERSONS Permitting vehicle to be driven by unauthorized person prohibited 199(1) No person shall authorize or permit a motor vehicle owned by him or her or under his or her control to be driven on a highway by a person who is not authorized to drive it under this Act or The Drivers and Vehicles Act . Hiring vehicle to unauthorized person prohibited 199(2) No person shall let a motor vehicle for hire to a person who is not authorized to drive it under this Act or The Drivers and Vehicles Act . S.M. 2005, c. 37, Sch. B, s. 42 . 200 [Repealed] S.M. 1994, c. 4, s. 9 . Operating vehicle without owner's consent 201(1) No person shall operate a motor vehicle on a highway without the consent of the owner. Definition of "owner" 201(2) For the purpose of subsection (1), "owner" includes, in addition to its meaning under section 1, any person to whom the motor vehicle has been lent by the owner or who for the time being has otherwise the permission of the owner to use it for his own purposes. S.M. 1997, c. 37, s. 20 . Use of old school buses 202 No person who acquires or has possession of a used school bus which is no longer used for the purpose of a school bus shall drive it upon a highway, or cause, authorize or permit it to be driven upon a highway, unless (a) all signs or words which identify the motor vehicle as a school bus have been removed from the vehicle; (b) any warning lamps and warning systems required for school buses under the regulations have been removed from the vehicle; and (c) the front and rear of the bus have been repainted with a colour other than chrome yellow. S.M. 2018, c. 10, Sch. B, s. 69 . Radar detection devices 203(1) No person shall (a) drive a motor vehicle that is equipped or equip a motor vehicle, with a device for detecting radar speed determination equipment; or (b) have possession of a device for detecting radar speed determination equipment, in a motor vehicle; or (c) permit a motor vehicle of which he is the registered owner to become or to remain equipped with a device for detecting radar speed testing equipment. Seizure of radar detecting device 203(2) Where a peace officer finds (a) a vehicle that is equipped with a device for detecting radar speed determination equipment; or (b) a person in possession of a device for detecting radar speed determination equipment, in a motor vehicle; he may seize the device. Disposition of seized device 203(3) Where the device for detecting radar speed determination equipment has been seized by a peace officer, under subsection (2), the judge or justice hearing any matter under subsection (1) may order it confiscated or returned to the owner subject to such conditions as the judge or justice may deem reasonable and just. AS TO EQUIPMENT 204 [Repealed] S.M. 2005, c. 37, Sch. B, s. 43 ; S.M. 2018, c. 10, Sch. B, s. 70 . Standards of vehicles for manufacturers and distributors 205(1) No manufacturer or distributor of motor vehicles manufactured in the province for sale in the province shall sell, offer for sale, have in possession for sale, or deliver for sale, a new motor vehicle of a prescribed class unless the motor vehicle and its components comply with all safety standards prescribed in the Motor Vehicle Safety Act (Canada) and the regulations made thereunder. Compliance by dealer with standards 205(2) No dealer shall sell, offer for sale, have in possession for sale, a new motor vehicle or trailer unless the motor vehicle or trailer and its components comply with all safety standards prescribed in the Motor Vehicle Safety Act (Canada) and the regulations made thereunder, and the motor vehicle or trailer bears the National Safety Mark referred to therein. Modification re standards 205(3) No distributor or dealer shall modify or alter a new motor vehicle, or exchange components of a new motor vehicle, of a class for which standards are prescribed, in such a manner that the motor vehicle would not comply with the standards prescribed for the motor vehicle and its components in the Motor Vehicle Safety Act (Canada) and the regulations made thereunder. Standards of components 205(4) No person shall sell, offer for sale, have in possession for sale, or deliver for sale, in the province components of a motor vehicle in respect of which standards are prescribed and that do not comply with all safety standards applicable thereto. Offence and penalty 205(5) A person who contravenes a provision of this section is guilty of an offence and (a) if the person is a manufacturer and the contravention is under subsection (1) or (4), is liable on summary conviction to a fine of not more than $5,000.; and (b) if the person is not a manufacturer, is liable on summary conviction to a fine of not more than $2,000. S.M. 2002, c. 40, s. 19 . Definitions re immobilization systems 205.1(1) The following definitions apply in this section. "approved theft deterrent immobilizer" means an electronic immobilization system for motor vehicles that is approved for use in Canada as an approved theft deterrent system by the Insurance Bureau of Canada. (« dispositif d'immobilisation antivol approuvé ») "immobilization system" means any of the following: (a) an immobilization system that meets the requirements of section 114 of Schedule IV to the Motor Vehicle Safety Regulations , C.R.C., c. 1038, whether it is installed in the motor vehicle by its manufacturer at the time of manufacture or by any person after that time; (b) an electronic immobilization system that meets the requirements of paragraph (a) of subsection 12(4.1) of the Motor Vehicle Safety Regulations , C.R.C., c. 1038, and is in a motor vehicle that was imported into Canada in the circumstances described in that subsection; (c) an approved theft deterrent immobilizer. (« système d'immobilisation ») Disabling or removing immobilization system 205.1(2) Subject to the regulations under this Act respecting approved theft deterrent immobilizers, no person whose business is servicing or modifying motor vehicles shall disable or interfere with the proper functioning of a motor vehicle's immobilization system or remove it from the vehicle, unless (a) it is necessary to do so to repair the immobilization system or to service or modify the vehicle; (b) the owner has consented; and (c) without delay after completing the service, repair or modification, the person ensures that the immobilization system is re-enabled or re-installed and is functioning properly. Offence and penalty 205.1(3) A person who contravenes subsection (2) or a provision of the regulations governing the installation, removal, repair and reinstallation of approved theft deterrent immobilizers is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000. S.M. 2010, c. 19, s. 2 . Definition of "air bag" 205.2(1) In this section, "air bag" means (a) an air bag as defined in section 2 of the Motor Vehicle Safety Regulations , C.R.C., c. 1038, with which a motor vehicle is equipped; and (b) all the related systems in the motor vehicle for deploying the air bag and monitoring its functioning. Disabling or removing air bag prohibited 205.2(2) Except as permitted by subsection (3), no person shall disable or interfere with the proper functioning of an air bag in a motor vehicle or remove it from the vehicle, unless (a) it is necessary to do so to repair the air bag or to service or modify the motor vehicle; and (b) without delay after completing the service, repair or modification, the person ensures that the air bag is re-enabled or re-installed and is functioning properly. Exceptions 205.2(3) As exceptions to subsection (2), (a) a person may install a manual cut-off switch in a motor vehicle to disable an air bag if the person's installation of the cut-off switch is authorized for the vehicle under the Motor Vehicle Safety Regulations , C.R.C., c. 1038, and other persons may disable the air bag by means of the cut-off switch; (b) if the owner of a motor vehicle has written permission from Transport Canada to have an air bag in the vehicle disabled, (i) a person may install a device in the motor vehicle that disables the air bag, or may disable the air bag in another manner, if he or she complies with the conditions of the permission, and (ii) other persons may disable the air bag by means of the disabling device; (c) a recycler may remove an air bag from a motor vehicle that he or she is recycling or that is being recycled by another recycler; and (d) a person may remove an air bag from a motor vehicle if (i) the vehicle is not registered under The Drivers and Vehicles Act or under a comparable Act in another jurisdiction, (ii) the person owns the vehicle or has permission from its owner to remove the air bag, and (iii) the vehicle is being dismantled for parts or destroyed for scrap. Offence and penalty 205.2(4) A person who contravenes subsection (2) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000. S.M. 2010, c. 19, s. 2 . Retreading and recapping tires 206(1) No person shall retread a tire or recap a tire for sale in Manitoba, or as a service provided in Manitoba, unless he imprints thereon on one side thereof the word "retread" or "recap" or "rechapé", as the case may be, in letters of not less than 6 millimetres high. Sale of retreads, etc. 206(2) No person shall sell, offer for sale, have in possession for sale, or deliver for sale, in Manitoba, a tire that has been retreaded or recapped unless there is imprinted thereon on one side thereof the word "retread" or "recap" or "rechapé", as the case may be, in letters of not less than 6 millimetres high. New tires to comply with safety standards 206(3) No person shall sell, offer for sale, have in possession for sale or deliver for sale, new pneumatic tires for use on motor vehicles unless they comply with all safety standards prescribed in the Motor Vehicle Tire Safety Act (Canada) and the regulations made thereunder. 206(4) [Repealed] S.M. 2002, c. 40, s. 20 . S.M. 2002, c. 40, s. 20 . 207 [Repealed] S.M. 2018, c. 10, Sch. B, s. 70 . 207.1 [Repealed] S.M. 1994, c. 4, s. 10 ; S.M. 2001, c. 19, s. 23 ; S.M. 2022, c. 39, s. 31 . GENERAL PROVISIONS Precautions on opening doors 208 No person shall, (a) open the door of a motor vehicle upon a highway without first taking due precautions to ensure that his act will not interfere with the movement of, or endanger, any other person or vehicle; or (b) leave a door of a motor vehicle upon a highway open on the side of the vehicle available to moving traffic for a period of time longer than is necessary to load or unload passengers. Tampering with motor vehicle prohibited 209 No person shall (a) tamper with a motor vehicle without the authority of the driver or climb upon or in any motor vehicle, whether it is in motion or at rest, or hurl stones or any other missiles at it, or the occupants thereof; or (b) while the motor vehicle is at rest and unattended, sound the horn or other signalling device, or attempt to manipulate any of the levers, starting switch or crank, brakes, or machinery thereof, or set the vehicle or the engine thereof in motion, or otherwise damage or interfere with it. Removal, etc., of traffic control devices forbidden 210(1) No person shall (a) deface, obliterate, injure or interfere with; or (b) without permission of the proper traffic authority, alter or remove or attempt to alter or remove; a traffic control device or any part thereof. Temporary traffic control devices 210(2) Where, by reason of work being done in connection with the construction, repair, or maintenance of a highway, a traffic control device consisting of a "stop" or "arrêt stop" sign, a "yield" or "cédez le passage" sign, or a traffic control signal is temporarily removed from any place with permission as provided in subsection (1), unless a peace officer is stationed at that place to warn or guide traffic, the traffic authority shall cause a temporary "stop" or "arrêt stop", or "yield" or "cédez le passage" sign or traffic control signal to be so placed on, or adjacent to, the highway that it will convey to drivers the same information, command, caution, or warning as that conveyed by the traffic control device so removed. 210(3) [Repealed] S.M. 2002, c. 40, s. 20 . S.M. 2002, c. 40, s. 20 ; S.M. 2018, c. 10, Sch. B, s. 71 ; S.M. 2021, c. 25, s. 6 . Removal, etc., of image capturing enforcement system forbidden 210.1 No person shall (a) deface, obliterate, injure or interfere with an image capturing enforcement system or any part of one; or (b) without the permission of the proper traffic authority, alter or remove, or attempt to alter or remove, an image capturing enforcement system or any part of one. S.M. 2002, c. 1, s. 4 . Requirements as to carrying explosive material, etc. 211(1) No motor vehicle used for the purpose of carrying in bulk gasoline, liquid petroleum gas or propane, fuel oil, or other liquid material, that is inflammable or explosive shall be driven on a highway unless provided with a special rear bumper and a safety valve. Prohibition of carriage of certain dangerous things 211(2) No person shall cause, permit, or authorize a vehicle to be on a highway if it is carrying material or things that, under the regulations, shall not be so carried. Conditions of carriage of certain dangerous things 211(3) Where, under the regulations, provision is made (a) prescribing the equipment that shall be used on vehicles carrying any material or things designated in the regulations; or (b) regulating or prescribing the manner in which any such material or things shall be carried in vehicles, or fixing the conditions under which any such material or things may be so carried; no person shall cause, permit, or authorize a vehicle to be on a highway if it is carrying any material or things designated in any such regulations unless the vehicle is equipped, constructed, and operated as required in those regulations. Section subject to Explosives Act 211(4) This section is subject to the Explosives Act (Canada) and any regulations made thereunder, and applies only in so far as it is not contrary to that Act or those regulations; the intent being that this section shall be construed as supplementary to, and not contrary to any provision of, that Act or those regulations. S.M. 2018, c. 10, Sch. B, s. 72 . Agreements respecting enforcement 212 The minister, with the approval of the Lieutenant Governor in Council, may enter into an agreement with the Government of Canada, or a minister thereof, respecting the enforcement of the provisions of the Transportation of Dangerous Goods Act (Canada), or any regulations made thereunder, in Manitoba, or the provisions of this Act or regulations made thereunder including the apportionment of the costs of and revenues arising from that enforcement. Limitation as to carrying liquor 213(1) No person shall cause, permit, or suffer any liquor, as defined in The Liquor, Gaming and Cannabis Control Act , to be in a vehicle upon a highway contrary to any provision of that Act. 213(2) [Repealed] S.M. 2002, c. 40, s. 20 . S.M. 2002, c. 40, s. 20 ; S.M. 2013, c. 51, Sch. B, s. 193 ; S.M. 2018, c. 9, s. 45 . Transporting cannabis in or on vehicles 213.1(1) No person shall drive or have the care or control of a vehicle on a highway if there is cannabis in or on the vehicle, whether or not the vehicle is in motion. Exceptions 213.1(2) Subsection (1) does not apply if (a) the vehicle is a motor vehicle — other than a motor vehicle used for the transportation of persons for compensation — and (i) the cannabis is stored in the trunk, an exterior compartment on the vehicle or another space designed for the carriage of goods or baggage that is not readily accessible to any person in the motor vehicle, (ii) if the motor vehicle is a station wagon, van, sport utility vehicle, crossover or hatchback style of vehicle, the cannabis is stored behind the rear of the last seat in the vehicle, whether or not that seat is in an upright position, or (iii) if the motor vehicle is a motor home, the cannabis is stored in a cabinet or other storage compartment away from the driver's area; (b) the vehicle is a motor vehicle used for the transportation of persons for compensation and the cannabis is in the possession of a passenger and carried on the passenger's person or in the passenger's personal effects; (c) the vehicle is an off-road vehicle and the cannabis is transported in compliance with section 31.2 of The Off-Road Vehicles Act ; (d) the vehicle is a power-assisted bicycle; (d.1) the vehicle is a trailer; or (e) the vehicle is driven by or is under the care or control of a person of a class prescribed by the regulations and the cannabis is stored and transported in accordance with the conditions set out in the regulations. S.M. 2017, c. 22, s. 9 ; S.M. 2018, c. 19, s. 2 . Consuming cannabis in or on vehicles 213.2 No person shall inhale, ingest or otherwise consume cannabis in or on a motor vehicle, agricultural equipment or infrastructure equipment. S.M. 2017, c. 22, s. 9 ; S.M. 2021, c. 4, s. 17 ; S.M. 2021, c. 5, s. 13 . Certain radio receivers prohibited 214(1) Subject to subsection (2), no person (a) shall use a radio receiving apparatus in a motor vehicle, whether permanently installed in the vehicle or not; or (b) shall (i) equip a motor vehicle with, or (ii) operate a motor vehicle equipped with, a radio receiving apparatus; capable of receiving police transmissions within one or more of the radio frequency bands 150 to 174, 413 to 470 and 806 to 870 megacycles. Exception 214(2) Subsection (1) does not apply to persons lawfully authorized, under the Radio Act (Canada), to equip vehicles with two-way radio, or to peace officers, or to employees of a municipality or of the Government of Manitoba, acting in that capacity. Seizure of radio receiving apparatus 214(2.1) A peace officer who finds (a) a person using a radio receiving apparatus; or (b) a motor vehicle that is equipped with a radio receiving apparatus; of the kind prohibited by subsection (1) may seize the device after laying a charge under subsection (1). Disposition of seized radio receiving apparatus 214(2.2) Where a radio receiving apparatus has been seized by a peace officer under subsection (2.1), the judge or justice hearing any proceeding under subsection (1) in relation to the apparatus may order it confiscated or returned to its owner, subject to such conditions as the judge or justice considers appropriate. T.V. sets in vehicles prohibited 214(3) No person shall drive upon a highway a motor vehicle equipped with a television set unless the television set (a) is mounted or positioned behind the seat occupied by the driver; and (b) the screen thereof is not visible directly or indirectly from the driver's seat. Operation of T.V. sets in vehicles 214(4) No person shall operate a television set in a motor vehicle, other than a television set mounted or positioned in accordance with the requirements of subsection (3), while the motor vehicle is travelling upon a highway. S.M. 1999, c. 13, s. 6 . Use of radio headphones prohibited 215 No driver of a motor vehicle or operator of a bicycle shall, while operating the motor vehicle or bicycle on a highway, wear, on both ears, headphones which are used for the purpose of listening to a radio or a recording. Definitions re hand-operated electronic devices 215.1(1) The following definitions apply in this section. "hand-operated electronic device" means (a) a cellular telephone; (b) another electronic device that (i) includes a telephone function, and (ii) normally is held in the user's hand during use or requires the user to use his or her hand to operate any of its functions; (c) an electronic device that is not otherwise described in clause (a) or (b) but that (i) is capable of transmitting or receiving e-mail or other text-based messages, and (ii) normally is held in the user's hand during use or requires the user to use his or her hand to operate any of its functions; or (d) any other electronic device that is prescribed as a hand-operated electronic device by the regulations. (« appareil électronique à commande manuelle ») "use" , in relation to a hand-operated electronic device, means any of the following actions: (a) holding the device in a position in which it may be used; (b) operating any of the device's functions; (c) communicating by means of the device with another person or another device, by spoken word or otherwise; (d) looking at the device's display; and (e) taking any other action with or in relation to the device that is prescribed by the regulations. (« utiliser ») Using hand-operated electronic device while driving prohibited 215.1(2) No person shall use a hand-operated electronic device while driving a vehicle on a highway unless, (a) before using the device by hand, the person safely drives the vehicle off the roadway and keeps the vehicle stationary while using the device; or (b) the device (i) is a cellular telephone or another electronic device that includes a telephone function, and (ii) is configured and equipped to allow hands-free use as a telephone and is used in a hands-free manner. Exception 215.1(3) As an exception to subsection (2), a person may use a hand-operated electronic device by hand to call or send a message to a police force, fire department or ambulance service about an emergency. Exception — police, motor carrier, fire and ambulance personnel 215.1(4) Subsection (2) does not apply to any of the following persons in relation to the use of a hand-operated electronic device in carrying out his or her duties: (a) a police officer as defined in The Police Services Act ; (a.1) a motor carrier enforcement officer; (b) a firefighter employed by a fire department; (c) an individual operating an ambulance while it is being used to provide emergency medical response services. Exception — certain radios and other equipment 215.1(5) Subsection (2) does not apply to the use of (a) a radio apparatus, as defined in section 2 of the Radiocommunication Act (Canada), that (i) is operated under the authority of a radio operator certificate issued under that Act, (ii) must, in order for its operator to communicate with another person, transmit radio signals to another radio apparatus that is operated under the authority of a radio licence issued under that Act, other than a radio licence issued to a cellular telephone network provider, or (iii) is the type of radio apparatus commonly known as citizen's band radio or family band radio; or (b) a mobile data terminal that (i) is used for dispatch or other business-related communications in a vehicle used for business purposes, and (ii) is not held in the driver's hand when the vehicle is moving. Regulations 215.1(6) The Lieutenant Governor in Council may make regulations (a) for the purposes of the definition "hand-operated electronic device" in subsection (1), prescribing other devices as hand-operated electronic devices; (b) for the purposes of the definition "use" in subsection (1), prescribing other actions that, when done with or in relation to a hand-operated electronic device, constitute using it; (c) respecting the exemption, with or without conditions, of certain classes or types of devices or vehicles, or certain classes of persons, from the operation of a provision of this section; (d) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section. S.M. 2009, c. 6, s. 3 ; S.M. 2017, c. 13, s. 15 ; S.M. 2025, c. 30, s. 3 . Certain marking prohibited 216(1) Except in the case of a peace officer, no person shall operate on a highway a motor vehicle equipped with a sign or otherwise marked in a manner which might indicate that it was being operated by a peace officer or was the property of a police force. Order for change of marking 216(2) Where the registrar receives a report that a motor vehicle is marked or bears a sign in contravention of this section, he may require the owner of the motor vehicle to bring the vehicle before him, and, if on inspection the registrar is satisfied that the motor vehicle's sign or other marking is in contravention of this section, he shall order the sign or marking to be removed or altered, specifying the details of any alteration required, and the owner of the motor vehicle shall forthwith comply with the order of the registrar. Effect of order 216(3) Subsection (2) does not operate to relieve the owner of a motor vehicle of any liability under subsection (1). No depositing of rubbish or other injurious matter on highways 217(1) No person shall drop, throw, or deposit on a highway, whether from a vehicle or otherwise, or knowingly leave on a highway (a) any glass bottles, glass, nails, tacks, wire, cans, scraps of metal, or any other substance or thing that may be injurious to a person, animal, or vehicle; or (b) any tobacco ashes, burning match, lighted cigar or cigarette, or other burning substance; or (c) without restricting or being restricted by clause (a) or (b), any ashes, garbage, or other refuse, trash, or litter. Removal of injurious material 217(2) A person who drops, throws, or deposits upon a highway any substance or thing likely to injure a person, animal, or vehicle shall immediately remove it or cause it to be removed. Removal of broken glass from highway 217(3) A person who removes a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance or thing dropped upon the highway from the vehicle. Warning as to obstructions placed on highway 217(4) A person who places or deposits, or causes or permits to be placed or deposited, any obstruction on a roadway at a time when the regulations require vehicle lamps to be lighted must place advance warning devices on the highway in accordance with the regulations. S.M. 2018, c. 10, Sch. B, s. 73 . Prohibition of cattle on highway 218(1) No person shall allow cattle, horses, mules, sheep, or swine, to run at large upon a provincial highway or upon any other highway designated by the Lieutenant Governor in Council. Saving 218(2) No person shall be convicted of a violation of subsection (1), if he satisfies the judge or justice that the animals in respect of which he is charged with the violation were not running at large by reason of the deliberate act or omission, or the negligence, of himself or of his agent or servant, or of any member of his family residing with him. No civil liability 218(3) Nothing in this section confers any cause of action for damages, nor shall it be construed so as to impose any civil liability on the owner of the cattle, horses, mules, sheep, or swine allowed to run at large. 219 [Repealed] S.M. 2018, c. 10, Sch. B, s. 74 . S.M. 1988-89, c. 14 , s.11; S.M. 2018, c. 10, Sch. B, s. 74 . Tow truck equipment 220 No person shall operate a tow truck for the purpose of towing disabled vehicles unless the tow truck is equipped as prescribed in the regulations. AS TO PARKING AND LEAVING VEHICLES Requirements on leaving vehicle 221(1) Subject to subsection (4), no driver shall, without reasonable justification, permit a motor vehicle to stand unattended on a highway or park it on a highway without first having (a) stopped the engine; (b) locked the ignition; and (c) removed the key. Reasonable justification 221(2) For the purpose of subsection (1), reasonable justification includes the temporary running of the engine of a motor vehicle while the motor vehicle is unattended for the purpose of warming the vehicle and defrosting the windshield during frigid weather conditions. Vehicles standing on a grade 221(3) No driver shall permit a motor vehicle that is standing on a grade to stand unattended or park it without first having (a) effectively set the brakes; and (b) turned the front wheels to the kerb or side of the highway in such manner as to impede any movement of the motor vehicle. Where subsection (1) not applicable 221(4) Subsection (1) does not apply in the case of (a) a vehicle owned by (i) Manitoba Hydro or a telecommunication service provider; or (ii) a municipality and operated for municipal purposes; or (b) a vehicle for hire, as defined in The Local Vehicles for Hire Act , that is responding to a street hail as authorized by a vehicle-for-hire by-law as defined in that Act; (c) a vehicle that is in use by a merchant for the delivery of goods and that, at the time it is left unattended or parked, is so left for the purpose of permitting the driver thereof to deliver goods. S.M. 1996, c. 79, s. 32 ; S.M. 2017, c. 36, s. 15 ; S.M. 2018, c. 10, Sch. B, s. 75 . Where parking off roadway required 222(1) Where, outside a restricted speed area, it is practicable to stop, park, or leave a vehicle off a roadway, no person shall stop, park, or leave the vehicle, either attended or unattended, on the roadway. Obstruction of traffic prohibited 222(2) No person shall park or leave a vehicle so as to obstruct the free passage of traffic on a highway; but this subsection does not apply in respect of a vehicle that is so disabled that it is not practicable to avoid parking or leaving it temporarily on a highway. 223 [Repealed] S.M. 2018, c. 10, Sch. B, s. 76 . FALSE STATEMENTS False statements an offence 224(1) No person shall knowingly make a false statement of fact, whether oral or written, (a) in a report made or purporting to be made under any provision of this Act or the regulations; or (b) in any information or particulars furnished by him as required under any provision of this Act or The Drivers and Vehicles Act ; or (c) in any application, declaration, affidavit, or paper writing required under this Act or the regulations, or under The Drivers and Vehicles Act or The Manitoba Public Insurance Corporation Act or the regulations under either of those Acts. Offence and penalty 224(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000. Additional penalty 224(2.1) If a licence, permit or registration has been issued to the person by reason of the commission of the offence, it is cancelled and the convicting judge or justice may, in addition to imposing a fine under subsection (2), (a) order the licence, permit, or registration card and any number plates issued with it, confiscated; and (b) disqualify the person convicted from holding a licence or permit and making a registration for a period not exceeding one year. Seizure of licence, permit or registration card 224(2.2) A peace officer who on reasonable grounds believes that a licence, permit or registration has been issued to a person as the result of a contravention of subsection (1) may seize the licence, permit, or registration card and any number plates issued with it. Limitation not applicable 224(3) No limitation in this Act or in, or brought into force in the province under or by virtue of, any other Act or law, applies to a prosecution for an offence under this section. S.M. 1997, c. 37, s. 21 ; S.M. 2002, c. 40, s. 21 ; S.M. 2005, c. 37, Sch. B, s. 44 . DRIVING BY DISQUALIFIED PERSONS, ETC. Driving motor vehicle while disqualified or prohibited 225(1) No person shall drive a motor vehicle on a highway while (a) the person's driver's licence is suspended or cancelled; (b) the person is disqualified from holding a driver's licence; (c) the person is otherwise prohibited from driving a motor vehicle on a highway; or (d) the person is disqualified or prohibited from operating an off-road vehicle. Driving off-road vehicle while disqualified or prohibited 225(1.1) No person shall drive an off-road vehicle (a) while the person is disqualified or prohibited from operating an off-road vehicle; or (b) while (i) the person's driver's licence is suspended or cancelled, (ii) the person is disqualified from holding a driver's licence, or (iii) the person is otherwise prohibited from driving a motor vehicle on a highway, under section 263.1, 264, 265 or 265.2. Driving other vehicle while disqualified or prohibited 225(1.2) No person shall drive agricultural equipment or infrastructure equipment on a provincial highway, or on a highway within the City of Winnipeg, an urban municipality or a restricted speed area, while (a) the person's driver's licence is suspended or cancelled; (b) the person is disqualified from holding a driver's licence; (c) the person is otherwise prohibited from driving a motor vehicle on a highway; or (d) the person is disqualified or prohibited from operating an off-road vehicle. Driving an unregistered vehicle by owner prohibited 225(2) No owner of a motor vehicle shall drive that motor vehicle on a highway while the registration thereof is suspended, or cancelled, or the owner is disqualified from registering that motor vehicle. Driving of unregistered vehicle by other persons 225(3) No person shall drive a motor vehicle on a highway if he or she has knowledge that the registration of that vehicle is suspended, or cancelled or the owner of that motor vehicle is disqualified from registering that motor vehicle. Owner not to permit the driving of an unregistered vehicle 225(4) No owner of a motor vehicle or off-road vehicle shall permit any person to drive that motor vehicle on a highway or operate that off-road vehicle (a) while, to the knowledge of the owner, the driver's licence of that person is suspended or cancelled or the person is otherwise disqualified from holding a driver's licence or prohibited from driving a motor vehicle, or is disqualified or prohibited from operating an off-road vehicle; or (b) while the registration of that motor vehicle is suspended or cancelled. Owner not to permit the unlicensed driving of other vehicle 225(4.1) No owner of agricultural equipment or infrastructure equipment shall permit any person to drive it on a provincial highway, or a highway within the City of Winnipeg, an urban municipality or a restricted speed area, while, to the owner's knowledge, the person's driver's licence is suspended or cancelled or the person is otherwise disqualified from holding a driver's licence or prohibited from driving a motor vehicle, or is disqualified or prohibited from operating an off-road vehicle. Offence and penalty — suspended and other prohibited driving 225(5) A person who contravenes a provision of subsection (1), (1.1) or (1.2), or of subsection 279.1(5) or (5.1) (restricted licence contraventions), is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000. or imprisonment for a term of not more than one year, or both. In addition, the convicting judge or justice may (a) suspend the person's licence for a term of not more than one year; or (b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction, (i) the person does not hold a licence, or (ii) the person's licence is suspended or he or she is disqualified from holding a licence. Defence of accused re motor vehicle 225(5.1) In a prosecution for a violation of subsection (1) or (2) or clause (4)⁠(b), the accused has a defence if the accused can prove on a balance of probabilities (a) that when the accused drove the motor vehicle he or she had a reasonable belief that his or her driver's licence or the registration was not suspended or cancelled, that he or she was not otherwise disqualified from holding a driver's licence or from registering that motor vehicle, or that he or she was not disqualified or prohibited from operating an off-road vehicle, as the case may be; or (b) that before the accused drove the motor vehicle he or she took all reasonable steps to ascertain that his or her driver's licence or the registration was not suspended or cancelled, that he or she was not otherwise disqualified from holding a driver's licence or from registering that motor vehicle, or that he or she was not disqualified or prohibited from operating an off-road vehicle, as the case may be. Defence of accused re off-road vehicle 225(5.2) In a prosecution for a violation of subsection (1.1), the accused has a defence if the accused can prove on a balance of probabilities (a) that when the accused operated the off-road vehicle he or she had a reasonable belief (i) that he or she was not disqualified or prohibited from operating an off-road vehicle, or (ii) that (A) his or her driver's licence was not suspended or cancelled, (B) he or she was not disqualified from holding a driver's licence, or (C) he or she was not otherwise prohibited from driving a motor vehicle on a highway, under section 263.1, 264, 265 or 265.2; or (b) that before the accused operated the off-road vehicle he or she took all reasonable steps to ascertain (i) that he or she was not disqualified or prohibited from operating an off-road vehicle, or (ii) that (A) his or her driver's licence was not suspended or cancelled, (B) he or she was not disqualified from holding a driver's licence, or (C) he or she was not otherwise prohibited from driving a motor vehicle on a highway, under section 263.1, 264, 265 or 265.2. Defence of accused re other vehicle 225(5.3) In a prosecution for a violation of subsection (1.2), the accused has a defence if the accused can prove on a balance of probabilities (a) that when the accused drove the vehicle he or she had a reasonable belief that his or her driver's licence was not suspended or cancelled, that he or she was not otherwise disqualified from holding a driver's licence, or that he or she was not disqualified or prohibited from operating an off-road vehicle, as the case may be; or (b) that before the accused drove the vehicle he or she took all reasonable steps to ascertain that his or her driver's licence was not suspended or cancelled, that he or she was not otherwise disqualified from holding a driver's licence, or that he or she was not disqualified or prohibited from operating an off-road vehicle, as the case may be. Time limit for prosecution 225(6) A prosecution for a contravention of subsections (1) to (4.1), or of subsection 279.1(5) or (5.1) (restricted licence contraventions), may be commenced within two years after the day the alleged offence was committed. S.M. 1985-86, c. 12, s. 15 ; S.M. 1986-87, c. 14, s. 24 and 25; S.M. 1993, c. 47, s. 8 ; S.M. 1999, c. 12, s. 6 ; S.M. 2001, c. 19, s. 25 ; S.M. 2001, c. 29, s. 5 ; S.M. 2002, c. 40, s. 22 ; S.M. 2004, c. 30, s. 26 ; S.M. 2013, c. 7, s. 2 ; S.M. 2018, c. 10, Sch. B, s. 77 ; S.M. 2018, c. 12, s. 6 . Driving without liability insurance card 226(1) A person must not drive, cause or permit to be driven, upon a highway any vehicle registered or required to be registered under The Drivers and Vehicles Act , other than a vehicle that is of a type or class not required to be insured under The Manitoba Public Insurance Corporation Act , unless there is in full force and effect a motor vehicle liability insurance card issued in respect of the vehicle under The Manitoba Public Insurance Corporation Act and the regulations made thereunder. Non-application of subsection (1) to certain vehicles 226(1.1) Subsection (1) does not apply to a vehicle that is registered and insured as required by Part 5 of The Drivers and Vehicles Act (Registration of Off-Road Vehicles). Insurance for agricultural equipment or infrastructure equipment 226(1.2) A person must not drive agricultural equipment or infrastructure equipment on a highway unless the equipment is insured under an insurance policy, in accordance with The Insurance Act and the regulations under that Act, that (a) is issued to the owner of the equipment;

(b) insures against damages arising from (i) death or bodily injury, and (ii) loss or damage to property; and (c) despite subsection 160(4), has a minimum policy limit as prescribed in the regulations under this Act. Driving without certificate of insurance 226(2) If this Act requires a person to hold a driver's licence while driving a vehicle other than agricultural equipment or infrastructure equipment on a highway, a person must not drive the vehicle on a highway unless a certificate of insurance (a) has been issued to the person in respect of the driver's licence under The Manitoba Public Insurance Corporation Act and the regulations under that Act; and (b) is valid. Production of proof of insurance 226(3) The owner, driver or operator of a vehicle that is being operated on a highway, or who is making, or is required to make, a report under section 155 shall, on request of a peace officer, produce to the peace officer (a) a motor vehicle liability insurance card that was issued in respect of, or that relates to, the vehicle; and (b) where the driver holds, or is required to hold, a licence issued under The Drivers and Vehicles Act , a certificate of insurance issued in respect of that licence. 226(4) to (8) [Repealed] S.M. 1994, c. 4, s. 11 . Offence and penalty 226(9) Every person who contravenes, disobeys, or violates, or refuses, omits, neglects or fails to observe, obey or comply with subsection (1) or (2) is guilty of an offence and is liable on summary conviction to the penalties set out in section 239, and (a) where the person was convicted of an offence under subsection (1), and does not pay the fine imposed within the time permitted, all registrations and number plates issued to the person are suspended and he is disqualified from registering a vehicle until the fine and costs are paid or remitted; and (b) where the person was convicted of an offence under subsection (2), and does not pay the fine imposed within the time permitted, his licence or permit is suspended and he is disqualified from obtaining a licence or permit until the fine and costs are paid or remitted. S.M. 1994, c. 4, s. 11 ; S.M. 2002, c. 40, s. 23 ; S.M. 2005, c. 37, Sch. B, s. 45 ; S.M. 2013, c. 54, s. 42 ; S.M. 2018, c. 10, Sch. B, s. 78 . Drunken driving of vehicles other than motor vehicles 227(1) No person (a) who is in charge of a vehicle other than a motor vehicle or bicycle, or of a horse or other animal, used as a means of conveyance; and (b) who is, through drunkenness, unable to drive or ride it with safety to other persons who are on a highway or bicycle facility; shall drive or ride the vehicle, bicycle or animal on a highway or bicycle facility. Offence and penalty 227(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not more than $2,000. or imprisonment for a term of not more than one year, or both. S.M. 1989-90, c. 56, s. 31 ; S.M. 2002, c. 40, s. 24 . CONVICTIONS QUASHED Where conviction quashed 228 Where, by reason of a conviction of an offence, (a) a motor vehicle is impounded; or (b) the licence of any person is suspended or cancelled; or (c) any person is disqualified for any period from holding a licence; or (d) the registration of a motor vehicle in the name of any person is suspended or cancelled; or (e) any person is disqualified for any period from registering a motor vehicle; if the conviction is quashed any penalty mentioned in clauses (a) to (e) that has been incurred under this Act shall be rescinded; and, upon production to the registrar and to the person having custody of the impounded motor vehicle of a certified copy of the order quashing the conviction, the motor vehicle shall be released, the licence or registration restored, or the disqualification removed, as the case may be; but this section does not apply to the impoundment or detention of a motor vehicle, or the cancellation or suspension of a licence or registration, under Part VII or section 160, 166 or 167. Definition of "owner" 229(1) In this section, "owner" , in relation to (a) a vehicle that displays a number plate or permit and is involved in a contravention referred to in subsection (2), (i) means the person to whom a registration card is issued with a number corresponding to the number of the number plate displayed on the vehicle or to whom the permit is issued, unless the person proves to the satisfaction of the judge or justice that the number plate or permit displayed on the vehicle was displayed without his or her consent, or (ii) if that person passed the property in the vehicle to someone else before the vehicle was involved in the contravention, means any person who, alone or jointly with one or more others, (A) has the right to pass the property in the vehicle, or (B) has exclusive use of the vehicle under a lease or other agreement for a period of more than 30 days; and (b) a vehicle that does not display a number plate and is involved in a contravention referred to in subsection (2), means any person who, alone or jointly with one or more others, (i) has the right to pass the property in the vehicle, or (ii) has exclusive use of the vehicle under a lease or other agreement for a period of more than 30 days. Owner may be charged with driver's offence 229(2) The owner of a vehicle that is involved in a contravention of this Act, a regulation or a rule or by-law made by a traffic authority under subsection 90(1) may be charged with any offence with which, in similar circumstances, the driver of a vehicle or the person having care, charge or control of one may be charged. Conviction of owner 229(2.1) If the judge or justice before whom the owner is tried is satisfied that the vehicle was involved in the contravention, the owner is guilty of the offence, unless the owner proves to the satisfaction of the judge or justice that at the time of the contravention the vehicle was, without the owner's express or implied consent, in someone else's possession. Owner not guilty when driver is guilty 229(3) An owner is not guilty of an offence under subsection (2.1) in relation to an occurrence if the owner satisfies the judge or justice that the driver of the vehicle or the person having care, charge or control of it, being in either case a person other than the owner, was convicted of the offence in relation to the same occurrence. Owner not guilty when another owner is guilty 229(3.1) Without limiting the generality of subsection (3), an owner is not guilty of an offence under subsection (2.1) if the owner satisfies the judge or justice that (a) the vehicle was comprised of a combination of two or more vehicles; (b) the owner did not own all of the vehicles in the combination; and (c) another person who owned one of the vehicles was convicted of the offence in relation to the same occurrence. Owner penalty 229(4) An owner who is guilty of an offence under subsection (2.1) is liable, on summary conviction, to the penalty to which the driver or person having care, charge or control is subject except that the owner is not liable to imprisonment. Limitation 229(5) No proceedings against an owner may be instituted for an offence under subsection (2.1) after the expiry of the time for instituting proceedings against the driver of the vehicle or the person having care, charge or control of it. S.M. 1991-92, c. 24, s. 4 ; S.M. 1997, c. 57, s. 1 ; S.M. 2002, c. 1, s. 5 . PROHIBITIONS — GENERAL Standing vehicle contrary to traffic control device an offence 230 Where, under subsection 79(3), a traffic control device has been erected on a highway (a) over which the minister is the traffic authority; or (b) in a municipality that has not passed a by-law under section 93; no person shall (c) stop, stand, or park, a vehicle on the highway or portion thereof to which the traffic control device relates, in contravention of the traffic control device or for a period longer than, or otherwise than, as authorized by the traffic control device; or (d) cause, or permit a vehicle to remain stationary on any portion of the highway during a period when stopping on that portion thereof is prohibited as indicated by the traffic control device. S.M. 2001, c. 43, s. 44 . 231 and 232 [Repealed] S.M. 1994, c. 4, s. 12 . Cruelty to livestock prohibited 233 No person, while transporting livestock or other animals in a motor vehicle, shall (a) by negligence or ill-usage in the transportation thereof, cause or permit any damage or injury to be done to the livestock or other animals, or any of them; or (b) transport the livestock or other animals in such a manner or position as to cause unnecessary suffering to them or any of them. Removal of traffic tickets, etc., forbidden 234 No person, other than the person having charge of a vehicle, shall remove therefrom any ticket or notice that has been placed thereon by a peace officer to notify the owner or person in charge thereof that it is alleged that a violation of a provision of this Act, The Drivers and Vehicles Act , or the regulations under either Act, or of a municipal by-law, has been committed with respect to, or by means of, the vehicle on which the ticket or notice was placed. S.M. 2005, c. 37, Sch. B, s. 46 ; S.M. 2013, c. 47, Sch. A, s. 127 . Offence respecting evidence of insurance 235(1) No person shall produce to a peace officer or the registrar a motor vehicle liability insurance card or a certificate of insurance purporting to show that at the time of its production it was in force if, in fact, it was not at that time in force. 235(2) and (3) [Repealed] S.M. 2002, c. 40, s. 25 . S.M. 2002, c. 40, s. 25 . PARKING LOTS Offences on parking lots 236(1) Notwithstanding section 74, any person who operates a motor vehicle in any place designed and intended, and primarily used, for the parking of vehicles, including the necessary passageways thereon, has the same rights and duties, and is subject to the same penalties provided for a violation of any provision of this Act, as a person operating a motor vehicle upon a highway. Offences in "pay" parking lots 236(2) Notwithstanding subsection (1), where the owner or operator of any place to which that subsection applies makes a charge for the privilege of parking a vehicle therein or thereon, subsection (1) does not apply with respect thereto; but any person who, in or on that place, does any thing that, if done on a highway, would be a violation of any of the following provisions, or of any part thereof, that is to say, (a) section 61; (b) section 76; (c) sections 124, 155, 174, 182 to 188, 192, 199, 208, 209, 211, 213, 217, 224 and 233; (d) sections 213.1 and 213.2, unless the applicable vehicle is a motor home that, at the relevant time, is being occupied and used as a private dwelling; shall be deemed to have violated that provision or the part thereof, and is guilty of an offence and is liable, on summary conviction, to the penalty herein provided for a violation of that provision or the part thereof. Where section not applicable 236(3) This section does not apply with respect to any place where vehicles are stored by the owners thereof, subject to payment of a charge therefor, with the intention and understanding, on the part of both the owner of any such vehicle and the owner or operator of the place, that the vehicle will not be removed for a period of two weeks or longer unless removed for the purpose of the sale thereof. S.M. 1989-90, c. 4, s. 5 ; S.M. 1989-90, c. 56, s. 32 ; S.M. 2017, c. 22, s. 10 ; S.M. 2018, c. 10, Sch. B, s. 79 . Sale of motor vehicle to person under 16 prohibited 237(1) No person shall (a) sell or offer to sell a motor vehicle to any person who is under 16 years of age; or (b) sell or offer to sell a motor vehicle to any person who is over 16 but under 18 years of age, unless the purchaser produces to the vendor the written consent of a parent or guardian of the purchaser or where the purchaser has no parent or guardian then the written consent of a responsible person in the community in which the purchaser resides. Penalties 237(2) Any person who sells or offers to sell a motor vehicle contrary to the provisions of subsection (1) is guilty of an offence and is liable on summary conviction (a) if the person is not a dealer or corporation, to a fine of not more than $2,000.; and (b) if the person is a dealer or corporation, to a fine of not more than $5,000. S.M. 2002, c. 40, s. 26 . DIVISION II OFFENCES AND PENALTIES 238(1) [Repealed] S.M. 1996, c. 26, s. 16 . Penalty for speeding offences 238(2) A person who is guilty of an offence under subsection 95(1) is liable to a fine of not more than $7.70 for each km/h that the vehicle was driven over the speed limit at the place where the offence was committed. Speeding in a designated construction zone 238(2.1) In addition to the penalty set out in subsection (2), a person who is guilty of an offence under clause 95(1)⁠(c) (speeding in a designated construction zone) is liable to a further fine of $7.70 for each km/h that the vehicle was driven over the speed limit at the place where the offence was committed. Additional fine not conditional on construction activity or lower speed limit 238(2.2) To avoid doubt about the application of the additional fine set out in subsection (2.1), the additional fine applies whether or not (a) workers were present, equipment was being used or active construction work was being done anywhere in the designated construction zone when the offence was committed; or (b) the speed limit at the place where the offence was committed was established under section 77.1. Additional suspension 238(3) When a person is convicted of an offence under subsection 95(1), the convicting judge or justice may, in addition to any other penalty prescribed under this Act, suspend the licence of the person for a period of not more than one year. S.M. 1996, c. 26, s. 16 ; S.M. 2002, c. 40, s. 27 ; S.M. 2004, c. 30, s. 27 ; S.M. 2008, c. 3, s. 16 ; S.M. 2013, c. 21, s. 8 ; S.M. 2018, c. 10, Sch. B, s. 80 . General offences and penalties 239(1) A person who contravenes or fails to comply with or obey (a) a provision of this Act or the regulations; (b) a municipal by-law passed under the authority of this Act or the regulations; or (c) an order, direction or requirement of a peace officer, a traffic authority or another authority or person (i) given under the authority of this Act or the regulations, or (ii) indicated or conveyed by a traffic control device; is guilty of an offence and, except where another penalty is provided in this Act, is liable on summary conviction to a fine of not more than $2,000. Licence suspension or disqualification 239(2) In addition to imposing a fine under subsection (1), the convicting judge or justice may (a) suspend the person's licence for a term of not more than one year; or (b) disqualify the person from holding a licence for a term of not more than one year if, at the time of the conviction, (i) the person does not hold a licence, or (ii) the person's licence is suspended or he or she is disqualified from holding a licence. Non-application to bicycle helmet offences 239(3) Subsections (1) and (2) do not apply to a contravention of section 145.0.1. S.M. 1989-90, c. 4, s. 6 ; S.M. 1996, c. 26, s. 17 ; S.M. 2002, c. 40, s. 28 ; S.M. 2004, c. 30, s. 28 ; S.M. 2012, c. 39, s. 3 ; S.M. 2014, c. 32, s. 12 ; S.M. 2018, c. 10, Sch. B, s. 81 . 239.1 [Repealed] S.M. 1989-90, c. 4, s. 7 ; S.M. 1993, c. 47, s. 8 ; S.M. 2002, c. 40, s. 29 . Increased penalties for offences resulting in death 239.2(1) If a person's death results from the commission of an offence for which another person is convicted under subsection 239(1) or another provision of this Act, the convicting judge or justice may impose either or both of the following penalties: (a) a fine in an amount that is not restricted to the maximum fine otherwise provided for the offence; (b) a term of imprisonment of not more than two years. This is despite section 239 or any other provision of this Act that sets out a penalty for the offence. Licence suspension or disqualification 239.2(2) In addition to imposing a penalty under subsection (1) or under any other provision of this Act, the convicting judge or justice may (a) suspend the person's licence for a term of not more than five years; or (b) disqualify the person from holding a licence for a term of not more than five years if, at the time of the conviction, (i) the person does not hold a licence, or (ii) the person's licence is suspended or he or she is disqualified from holding a licence. S.M. 2005, c. 31, s. 2 . Limitation period — offences resulting in death 239.3 Despite any other provision of this Act or of any other Act, a prosecution for an offence described in subsection 239(1) or under another provision of this Act may be commenced not later than two years after the day on which the offence is alleged to have been committed, if (a) a person's death is alleged to have resulted from the commission of the offence; or (b) a person is alleged to have suffered a life-threatening injury as a result of the commission of the offence. S.M. 2005, c. 31, s. 2 . Saving 240 Nothing in section 238, 239 or 239.2 restricts, limits, or affects the effect of any other provision herein authorizing or requiring the suspension or cancellation of a registration, licence, or permit or the disqualification of any person from holding a licence or making a registration. S.M. 2005, c. 31, s. 3 . PART VII ENFORCEMENT PROVISIONS AND SUSPENSION OF REGISTRATION AND LICENCES DIVISION I ENFORCEMENT PROVISIONS 241 [Repealed] S.M. 1986-87, c. 14, s. 26 ; S.M. 1989-90, c. 56, s. 33 ; S.M. 2005, c. 37, Sch. B, s. 47 ; S.M. 2013, c. 7, s. 3 ; S.M. 2017, c. 22, s. 11 ; S.M. 2018, c. 10, Sch. B, s. 82 . INSPECTION AND SEARCH AND SEIZURE Definition of "place" 241.1(1) In this section, "place" includes a vehicle. Certificate to be produced 241.1(2) On entering any place for the purpose of exercising powers under this section, a peace officer shall show his or her official identification to the person in charge of the place if the person so requests. Entering a dwelling place 241.1(3) A peace officer who intends to exercise powers under this section may not enter a dwelling place except with the consent of the occupant or under the authority of a warrant. Inspection 241.1(4) A peace officer may at any reasonable time enter a place and make any inspection that is reasonably required for the purpose of determining compliance with this Act and the regulations and, without limitation, the peace officer may (a) examine, and require the production of, any records or documents in the place that are relevant for the purposes of the inspection; (b) use a computer system at the place to examine any data in or available to the system; (c) reproduce any record or document from the data in the form of a print-out or other intelligible output for the purpose of examination or copying; (d) use any copying equipment at the place to make copies of any record or document; and (e) require any person to present any vehicle or thing for inspection in the manner and under the conditions that the peace officer reasonably considers necessary to carry out the inspection. No obstruction 241.1(5) No person shall obstruct or hinder, or make a false or misleading statement to, a peace officer who is carrying out an inspection under this section. Assistance to peace officer 241.1(6) The owner or person in charge of a place referred to in subsection (4) and every person found in that place shall give the peace officer all reasonable assistance to enable the peace officer to carry out his or her duties and shall furnish the peace officer with any information the peace officer may reasonably require. Removal of records 241.1(7) For the purpose of exercising the powers under subsection (4), a peace officer may remove any record or document or reproduction of a record or document that he or she is entitled to examine or copy, but shall give a receipt to the person from whom it is taken and shall examine or copy it within a reasonable time and return it promptly on completion of the examination or copying. Admissibility of copies 241.1(8) A copy made as provided in this section and purporting to be certified by a peace officer is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original. Authority to issue warrant 241.1(9) A justice who is satisfied by information on oath that (a) the conditions for entry described in subsection (4) exist in relation to a dwelling place; (b) entry to the dwelling place is necessary for the purpose of exercising the powers under subsection (4); and (c) entry to the dwelling place has been refused or there are reasonable grounds to believe that entry will be refused; may at any time issue a warrant authorizing a peace officer and any person named in the warrant to enter the dwelling place, subject to any conditions that may be specified in the warrant. Search and seizure without warrant 241.1(10) When a peace officer believes on reasonable and probable grounds that (a) an offence under this Act has been committed; and (b) a record, document, vehicle or other thing that affords evidence of the offence is to be found in a place; and it is not practicable in the circumstances to obtain a warrant, the peace officer may, without warrant, enter and search the place for the record, document, vehicle or other thing and may seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law. Search and seizure with warrant 241.1(11) A justice who is satisfied by information on oath that there are reasonable grounds to believe that (a) an offence under this Act has been committed; and (b) there is to be found in any place anything that will afford evidence in respect of the commission of an offence; may at any time issue a warrant authorizing a peace officer and any person named in the warrant to enter and search the place for the thing and seize and bring it before a justice, or report on it to a justice, to be dealt with according to law. Use of force 241.1(12) A peace officer and any person named in a warrant may use whatever reasonable force is necessary to execute the warrant and may call on a police officer for assistance in executing it. Preserving status quo 241.1(13) A peace officer may take such measures as are reasonably necessary to secure any place or thing in relation to which a warrant under this section may be issued so as to preserve that place or thing pending the making and disposition of an application for the warrant. S.M. 1997, c. 37, s. 22 ; S.M. 2005, c. 37, Sch. B, s. 48 . DETENTION OF VEHICLE Detention of motor vehicle by peace officer 242(1) A peace officer who has reason to believe that an offence has been committed by means of, or in relation to, a motor vehicle may detain the vehicle for five clear days, but the vehicle may be released sooner (a) if security for its production is given to the satisfaction of a justice; or (b) the justice is satisfied, by a certificate signed by a qualified mechanic, that the motor vehicle complies with the vehicle and equipment standards for the motor vehicle set out in the regulations. Order for extending period of detention 242(2) Where a motor vehicle has been detained under subsection (1) and it is required (a) as evidence in a prosecution for an alleged offence under this Act or an alleged offence under the Criminal Code (Canada) committed by means of, or in relation to, a motor vehicle or off-road vehicle; or (b) for further investigation related to an offence under this Act or an alleged offence under the Criminal Code (Canada) committed by means of, or in relation to, a motor vehicle or off-road vehicle; or (c) the owner has failed to furnish to a justice a certificate signed by a qualified mechanic as provided for in clause (1)⁠(b); a peace officer may apply to a justice for an order to continue the detention of the motor vehicle beyond the period prescribed in subsection (1), and the peace officer making the application shall furnish to the justice full particulars of the reasons for the continuance of detention of the motor vehicle. Period of extension to be reasonable 242(3) The justice, in making an order under subsection (2), may order that the motor vehicle be detained for such further period as to him appears reasonable and just. Notification of detention to owner 242(4) Where the owner of a motor vehicle was not present at the time when it was detained, the peace officer shall take all reasonable steps to notify the owner that his motor vehicle was detained, together with the reasons for its detention and of the place where it is detained or stored. Personal property to be returned 242(5) Any personal property present in a motor vehicle which has been detained shall be returned to the owner thereof upon request, unless it is required as evidence in a prosecution or in connection with an investigation of an offence under this Act, in which case subsections (1), (2) and (3) apply mutatis mutandis. Person arrested brought before a justice 242(6) A peace officer making an arrest shall, with reasonable diligence, take the person arrested before a justice to be dealt with according to law. Disposal of vehicle detained 242(7) Where a motor vehicle is detained under this section, (a) if repairs are necessary and immediately desired by the owner, it shall be taken to, and kept in, such repair shop or garage as the owner may select, for the purpose of having it repaired; or (b) if repairs are not necessary or are not immediately desired by the owner, to such garage or storage place as the owner may select, unless otherwise required by the police, in which case the peace officer may direct it to be taken to a garage or storage place maintained by any police force or other public authority, if available, and otherwise to a garage or storage place designated by the peace officer. Change of place of impoundment 242(8) Where, under subsection (7), a motor vehicle has been taken to a repair shop, garage, or storage place, selected by the owner, the chief constable, or the officer in command in Manitoba, of the police force of which the peace officer who detained the motor vehicle is a member, on receipt of a written application by the owner, may authorize the motor vehicle to be transferred to such other repair shop, garage, or storage place, as the applicant may select, and may give all necessary directions to that end; and shall in that case, give to the owner, operator, and manager or other person in charge of the repair shop, garage, or other storage place, to which the motor vehicle is transferred a notice as prescribed in subsection (9). Notice to garage keeper 242(9) Where a motor vehicle detained under this section is placed in a repair shop, garage, or storage place, the peace officer detaining it shall notify the owner, operator, manager, or other person in charge, of the repair shop, garage, or storage place, in writing, on a form prescribed by the registrar, that the motor vehicle is detained and must not be removed or permitted to be removed or released from detainment except upon the order of a justice or of the chief constable or the officer in command in Manitoba of the police force of which the peace officer who detained the motor vehicle is a member. No removal from detention 242(10) Subject to subsection (8), no person shall remove, or permit to be removed, from the place of detention, or release from detention, any motor vehicle detained under this section except upon the written order of a justice or of the chief constable or the officer in command in Manitoba of the police force of which the peace officer who detained the motor vehicle is a member. Cost of moving and storage 242(11) Costs and charges incurred in moving or storing a vehicle, or both, under this section, are a lien on the vehicle that may be enforced under The Garage Keepers Act by the person who moved or stored the vehicle at the request of the peace officer. Meaning of "owner" 242(12) In subsections (7) and (8), the word "owner" includes any person who has sold the motor vehicle under the terms of a conditional sale agreement or lien note upon which all or part of the purchase price remains unpaid, or to whom a bill of sale by way of chattel mortgage thereon has been given, in respect of which all or part of the moneys secured thereby remain unpaid; and also includes an assignee of any such person. S.M. 2000, c. 34, s. 2 ; S.M. 2018, c. 10, Sch. B, s. 83 . SEIZURE AND IMPOUNDMENT OF VEHICLES FOR CERTAIN OFFENCES Definitions Definitions 242.1(1) In this section, "designated person" means a person designated by the Minister of Justice for the purpose of this section; (« personne désignée ») "motor vehicle" includes an off-road vehicle. (« véhicule automobile ») Seizure of Vehicles Seizure and impoundment of certain vehicles 242.1(1.1) Subject to subsection (1.2), a peace officer must seize a motor vehicle and impound it if (a) the peace officer reasonably believes that a person who was driving the vehicle contravened any of the following provisions: (i) subsection 225(1) or (1.1) of this Act (suspended and other prohibited driving), (ii) subsection 279.1(5) or (5.1) of this Act (restricted licence contraventions), (iii) subsection 320.18(1) of the Criminal Code (operation while prohibited); (b) based on an analysis of the blood of a person who was driving the vehicle or had care or control of it, or an analysis of the breath of the person by means of an approved instrument, the peace officer reasonably believes that the concentration of alcohol in the person's blood equals or exceeds 80 mg of alcohol in 100 mL of blood; (c) based on an analysis of the blood of a person who was driving the vehicle or had care or control of it, the peace officer reasonably believes that the concentration of drugs in the person's blood equals or exceeds the amount prescribed by regulation under the Criminal Code for the purpose of paragraph 320.14(1)⁠(c) of the Code; (d) based on an analysis of the blood of a person who was driving the vehicle or had care or control of it, the peace officer reasonably believes that the concentration of alcohol and drugs in the person's blood equals or exceeds the amount prescribed by regulation under the Criminal Code for the purpose of paragraph 320.14(1)⁠(d) of the Code; (e) a person who was driving the vehicle or had care or control of it failed or refused to comply, without a reasonable excuse, with a demand made under section 320.27 or 320.28 of the Criminal Code , or with the peace officer's instructions in respect of the demand; (f) after a demand from the peace officer under subsection 320.27(1) or (2) of the Criminal Code , a person who was driving the vehicle or had care or control of it provides a sample of breath which, on analysis by means of a calibrated screening device, registers a WARN; (g) after a demand from the peace officer under subsection 320.27(1) or (2) of the Criminal Code , (i) a person who was driving the vehicle or had care or control of it provides a sample of breath which, on analysis by a calibrated screening device, registers a FAIL, and (ii) the peace officer does not make a demand of the person under section 320.28 of the Criminal Code following the FAIL; (h) based on an analysis of the blood of a person who was driving the vehicle or had care or control of it, or an analysis of the breath of the person by means of an approved instrument, the peace officer (i) reasonably believes that the concentration of alcohol in the person's blood equals or exceeds 50 mg of alcohol in 100 mL of blood but is less than 80 mg of alcohol in 100 mL of blood, and (ii) does not reasonably believe that the concentration of alcohol and drugs in the person's blood equals or exceeds the amount prescribed by regulation under the Criminal Code for the purpose of paragraph 320.14(1)⁠(d) of the Code; (i) after a demand from the peace officer under subsection 320.27(1) or (2) of the Criminal Code , a person who is subject to an alcohol prohibition under section 264.1 and who was driving the vehicle or had care or control of it provides a sample of breath which, on analysis by means of a calibrated screening device, registers a result that indicates the presence of alcohol in the person's blood; or (j) based on an analysis of the blood of a person who is subject to an alcohol prohibition under section 264.1 and who was driving the vehicle or had care or control of it, or an analysis of the breath of the person by means of an approved instrument, the peace officer reasonably believes that (i) the person has alcohol in their blood, and (ii) the concentration of alcohol in the person's blood is less than 50 mg of alcohol in 100 mL of blood. Action to be based on lower screening device result 242.1(1.1.1) If a second analysis with a calibrated screening device is required by subsection 263.1(12), any action taken under clause (1.1)⁠(f), (g) or (i) must be based on the lower result of the two analyses. Delaying Impoundment Motor vehicle released for safety, undue hardship 242.1(1.2) Where a peace officer is satisfied that the seizure and impoundment of a motor vehicle under subsection (1.1) would jeopardize the safety of, or cause undue hardship to, any person, or is, in the opinion of the officer, not practicable in the circumstances the peace officer may delay taking custody of the motor vehicle, in which case the peace officer may permit the motor vehicle to be driven to a location specified by the peace officer, where any peace officer may take custody of it. Later Seizure of Vehicle Application for order to seize and impound 242.1(1.3) Where under subsection (1.2) a peace officer permits a motor vehicle to be driven to a specified location and the vehicle is not impounded at that location, a peace officer may make application to a justice for an order to seize the vehicle and impound it in accordance with this section, with necessary modifications. Stolen Vehicles Release of stolen vehicle 242.1(1.4) If, at any time before a hearing is conducted under this section, a peace officer is satisfied that a motor vehicle seized under subsection (1.1) had been stolen, the officer may, subject to the approval of the designated person, release the vehicle to the owner, or a person authorized by the owner to take possession of it, and subsection (13) (indemnification) applies, with necessary modifications. Procedure on Seizure Duties of peace officer 242.1(2) Where a motor vehicle has been seized and impounded, the peace officer shall (a) complete a notice of seizure setting out (i) the name and address of the driver, and of the owner if the driver is not the owner and discloses the name and address of the owner, (ii) the year, make and serial number of the motor vehicle, (iii) the date and time of the seizure, (iv) the place where the vehicle is to be impounded, (v) if the vehicle is seized under clause (1.1)⁠(b), (c), (d), (h) or (j), the result of the analysis of the breath or blood, and (vi) if the vehicle is seized under clause (1.1)⁠(f), (g) or (i), whether the seizure is based on the lower result of two analyses as required by subsection (1.1.1); (a.1) if the driver is not, or does not appear to be, the owner of the motor vehicle, request that the driver disclose the name and address of the owner; (b) give the driver a copy of the notice; (c) give a copy of the notice to the owner, if the owner is present at the time of the seizure, or, if the owner is not present, without delay mail a copy to the owner (i) at the owner's last known address as recorded in the registrar's records of motor vehicle registrations, or (ii) if the owner's address is not recorded in the registrar's records, at the address indicated by the driver in response to the peace officer's request under clause (a.1); (c.1) without delay, mail a copy of the notice to the designated person; (d) cause a copy of the notice to be given to the garage keeper who stores the motor vehicle; and (e) retain a copy of the notice. Lien for Costs of Storage Costs relating to impoundment are lien on vehicle 242.1(3) A motor vehicle that is seized and impounded under this section shall be stored where the peace officer directs, and the following amounts are a lien on the impounded vehicle that may be enforced in the manner provided in The Garage Keepers Act : (a) costs and charges prescribed by a regulation made under section 319; (b) expenditures for searches, registrations and other charges under The Personal Property Security Act that are reasonably necessary for the garage keeper to comply with the requirements of The Garage Keepers Act . Release on Return of Licence or Permit Vehicle to be released if driver's licence is returned 242.1(3.1) Where a motor vehicle is seized and impounded under any of clauses (1.1)⁠(b) to (j) and an application by the driver under section 263.2 (review of suspension and disqualification) results in the return of his or her licence or permit, (a) the vehicle is no longer subject to impoundment under this section, unless the vehicle was also seized under clause (1.1)⁠(a) (drive disqualified) or detained under another provision of this Act or The Drivers and Vehicles Act ; and (b) the designated person shall, subject to subsection (9) (lien), authorize the release of the vehicle to the owner or to a person authorized by the owner. Application for Early Release Based on Owner's Reasonable Belief or Knowledge Application by certain owners for early release of vehicle 242.1(4) An owner of a motor vehicle seized and impounded under this section for a period of 30 days or more, other than an owner who was the driver or had care or control at the time the vehicle was seized under any of clauses (1.1)⁠(b) to (j), may, at any time before the expiry of the period of impoundment, apply to a justice for the hearing of such applications for the revocation of the seizure by (a) making application in the form and in the manner required by the Minister of Justice; and (b) paying the prescribed fee. Justice to consider report and certificate 242.1(4.1) In a hearing conducted under subsection (4), the justice shall consider a report of a peace officer respecting the seizure of the motor vehicle, and may consider (a) a certificate of the registrar respecting any licence or permit issued under The Drivers and Vehicles Act or this Act in the name of (i) the owner who applies under subsection (4), (ii) the person named as the driver of the motor vehicle in a notice completed under subsection 242.1(2), and (iii) the person named as the driver of the motor vehicle by the applicant owner, where the person is not the same person named in subclause (ii); and (b) a report of the designated person respecting a record of any previous seizure under this section of a motor vehicle that was at the time of the seizure registered in the name of, or owned by, the owner applying under subsection (4). Issue to be determined when driver is not owner 242.1(5) Where, after considering an application under subsection (4) by an owner who was not the driver at the time the motor vehicle was liable to seizure, the justice is satisfied that (a) the driver was in possession of the vehicle without the knowledge and consent of the owner; (b) in the case of a seizure under clause (1.1)⁠(a) (drive disqualified), the owner could not reasonably have been expected to know that the licence or permit of the person to whom the vehicle was delivered was suspended or cancelled or that the driver was disqualified or prohibited from driving or operating a motor vehicle; or (c) in the case of a seizure under any of clauses (1.1)⁠(b) to (j), the owner could not reasonably have been expected to know that the driver would operate or have care or control of the vehicle in such circumstances; the justice shall (d) revoke the seizure; (e) subject to subsection (9) (lien), direct that a peace officer order the garage keeper to return the motor vehicle to the owner or to a person authorized by the owner; and (f) direct that the fee paid by the applicant be refunded. Issue to be determined when driver is owner 242.1(6) Where, after considering an application under subsection (4) by an owner who was the driver at the time the motor vehicle was liable to seizure under clause (1.1)⁠(a) (drive disqualified), the justice is satisfied that the owner, before he or she drove the motor vehicle, had no reason to believe that his or her licence or permit was suspended or that he or she was disqualified from holding a driver's licence or was disqualified or prohibited from driving or operating a motor vehicle, and the justice is satisfied that the owner had at the time of the seizure complied with section 13 of The Drivers and Vehicles Act and, if applicable, section 82 of that Act, the justice shall (a) revoke the seizure; (b) subject to subsection (9) (lien), direct that a peace officer order the garage keeper to return the motor vehicle to the owner or to a person authorized by the owner; and (c) direct that the fee paid by the applicant be refunded. Release on Expiry of Impoundment Period Release of vehicle after impoundment period 242.1(7) Unless otherwise required by this Act or The Drivers and Vehicles Act , and subject to subsection (9) (lien), a peace officer shall, on the written request of the owner or a person authorized by the owner, direct that the motor vehicle be released to the owner or a person authorized by the owner after the period of impoundment expires. Periods of Impoundment First seizure 242.1(7.1) Subject to subsections (7.1.1) and (7.1.1.1), a motor vehicle seized under this section shall be impounded for the following periods: (a) when the seizure is under clause (1.1)⁠(a) (suspended and other prohibited driving), 30 days; (b) when the seizure is under clause (1.1)⁠(b) (blood alcohol equal to or over .08) and the concentration of alcohol is 160 mg or less in 100 mL of blood, 30 days; (c) when the seizure is under clause (1.1)⁠(b) (blood alcohol equal to or over .08) and the concentration of alcohol is more than 160 mg in 100 mL of blood, 60 days; (d) when the seizure is under clause (1.1)⁠(c) (blood drug concentration equal to or over legal limit), 30 days; (e) when the seizure is under clause (1.1)⁠(d) (blood alcohol and blood drug concentration equal to or over legal limit), 30 days; (f) when the seizure is under clause (1.1)⁠(e) (refusal to comply with demand), 60 days; (g) when the seizure is under clause (1.1)⁠(f) (calibrated screening device registering a WARN), 3 days; (h) when the seizure is under clause (1.1)⁠(g) (calibrated screening device registering a FAIL), 30 days; (i) when the seizure is under clause (1.1)⁠(h) (blood alcohol equal to or over .05 but under .08), 3 days; (j) when the seizure is under clause (1.1)⁠(i) (calibrated screening device indicating presence of alcohol), 3 days; (k) when the seizure is under clause (1.1)⁠(j) (alcohol present in blood but BAC under .05), 3 days. Second or subsequent seizure within five years 242.1(7.1.1) Where a motor vehicle seized under this section is registered in the name of, or owned by, a person who, within the five-year period before the day of the seizure, was registered as the owner, or was the owner, of a motor vehicle that was seized under any provision of this section other than clauses (1.1)⁠(f) to (j), the vehicle shall be impounded for the following period: (a) when the seizure is under clause (1.1)⁠(a) (suspended and other prohibited driving), (i) for the second seizure, 90 days, and (ii) for a subsequent seizure, 90 days and an additional 60 days for each seizure after the second; (b) subject to subsection (7.1.2), when the seizure is under clause (1.1)⁠(b) (blood alcohol equal to or over .08) and the concentration of alcohol is 160 mg or less in 100 mL of blood, (i) for a second seizure, 90 days, and (ii) for a subsequent seizure, 90 days and an additional 60 days for each seizure after the second; (c) when the seizure is under clause (1.1)⁠(b) (blood alcohol equal to or over .08) and the concentration of alcohol is more than 160 mg in 100 mL of blood, (i) for a second seizure, 180 days, and (ii) for a subsequent seizure, 180 days and an additional 60 days for each seizure after the second; (d) when the seizure is under clause (1.1)⁠(c) (blood drug concentration equal to or over legal limit), (i) for a second seizure, 90 days, and (ii) for a subsequent seizure, 90 days and an additional 60 days for each seizure after the second; (e) when the seizure is under clause (1.1)⁠(d) (blood alcohol and blood drug concentration equal to or over legal limit), (i) for a second seizure, 90 days, and (ii) for a subsequent seizure, 90 days and an additional 60 days for each seizure after the second; (f) when the seizure is under clause (1.1)⁠(e) (refusal), (i) for a second seizure, 180 days, and (ii) for a subsequent seizure, 180 days and an additional 60 days for each seizure after the second seizure. When second or subsequent seizure relates to WARN, BAC .05 or over, or alcohol prohibition 242.1(7.1.1.1) The period of impoundment under clause 7.1(g), (i), (j) or (k) for a motor vehicle belonging to a person is increased (a) to seven days if, once during the five-year period before the day of the seizure under clause (1.1)⁠(f), (h), (i) or (j), any vehicle belonging, at the time of its seizure, to that person was seized under any provision of this section; or (b) to 30 days if, more than once during that five-year period, any vehicle belonging, at the time of its seizure, to that person was seized under any provision of this section. For this purpose, a vehicle belongs to a person if the person is the owner of the vehicle or the vehicle is registered in the person's name. When previous seizure within five years relates to refusal or blood alcohol of more than 0.16 242.1(7.1.2) Where a motor vehicle seized under clause (1.1)⁠(b) (blood alcohol over .08) is registered in the name of, or owned by, a person who, within the five-year period before the day of the seizure, was registered as the owner, or was the owner, of a motor vehicle that was seized under (a) clause (1.1)⁠(b) and the concentration of alcohol was more than 160 mg in 100 mL of blood; or (b) clause (1.1)⁠(e) (refusal); (b.1) and (b.2) [repealed] S.M. 2019, c. 6, s. 3 ; the vehicle shall be impounded for the following period: (c) for a second seizure, 180 days; (d) for a subsequent seizure, 180 days and an additional 60 days for each seizure after the second. Effect of revocation of previous seizure 242.1(7.1.3) For the purposes of subsections (7.1.1) to (7.1.2), the seizure of a vehicle shall not be considered as a previous seizure if (a) the vehicle was released under subsection (1.4), (3.1) or (13); or (b) the seizure was revoked under subsection (5) or (6). Transitional re previous seizures 242.1(7.1.4) For the purposes of subsections (7.1.1) to (7.1.2), a seizure under subsection (1.1) as it read immediately before the coming into force of this subsection is to be included when determining whether a seizure is a second or subsequent seizure.

Notice to be given of period of impoundment 242.1(7.2) Where a motor vehicle is subject to a period of impoundment under any of subsections (7.1.1) to (7.1.2), the designated person shall as soon as practicable give notice of the period of impoundment by regular mail to (a) the owner of the vehicle, or the person in whose name it is registered; (b) the garage keeper who has custody of the vehicle; and (c) the peace officer who seized the vehicle and impounded it. Application for Review of Impoundment Period Justice to consider designated person's report 242.1(7.3) Subsections (4) and (4.1) (application to justice for release of vehicle) apply, with necessary modifications, to an application by an owner of a motor vehicle who contests the application of any of subsections (7.1.1) to (7.1.2) to the vehicle in respect of a seizure and impoundment of 30 days or more, and the justice who hears the application shall consider a report from the designated person respecting any motor vehicle seized under this section (a) while registered in the name of, or owned by, the applicant; and (b) within five years before the seizure of the vehicle that is the subject of the application. Removal or Release of Seized Vehicles No removal of impounded vehicle except as authorized 242.1(8) No person shall remove or release or permit the removal or release of a motor vehicle that is impounded under this section from the place of impoundment unless one of the following provisions applies to the vehicle: (a) subsection (1.4) (stolen vehicle); (b) subsection (3.1) (return of licence or permit); (c) subsection (5) (direction by justice); (d) subsection (6) (direction by justice); (e) subsection (7) (expiry of impoundment period); (f) subsection (13) (wrongful seizure). Officer may direct movement of vehicle 242.1(8.1) A peace officer may direct that an impounded motor vehicle be moved for the purpose of impounding it at another location. Lien and Disposal of Vehicles Effect of lien 242.1(9) A motor vehicle that is subject to a lien under this section shall remain impounded until the amount of the lien is paid or the vehicle is disposed of in accordance with this section and the regulations. Notice by garage keeper 242.1(10) The garage keeper shall notify the Department of Justice of the sale of each motor vehicle sold under The Garage Keepers Act . Disposal of impounded vehicle by garage keeper 242.1(10.1) Despite subsection (9), a garage keeper who stores a motor vehicle that is impounded under this section may, on the expiry of the period of impoundment and with the approval of the designated person, dispose of it, by sale or otherwise, after delivering the number plates from the vehicle to the designated person and filing with him or her (a) a statutory declaration of the garage keeper declaring that the amount of his or her lien on the motor vehicle exceeds his or her estimate of its value; and (b) a certificate issued under The Personal Property Security Act showing that the serial number of the motor vehicle is not identified as an item of collateral in the personal property registry. Transfer of ownership to garage keeper 242.1(10.2) Where under subsection (10.1) the designated person approves the disposal of a motor vehicle by a garage keeper, the designated person shall complete a transfer of vehicle ownership, in a form that the Minister of Justice may prescribe, from the owner of the motor vehicle to the garage keeper, and the registrar shall, on receiving the completed form and the number plate or plates from the motor vehicle, cancel the registration of the motor vehicle and forward any refund therefrom to the designated person for application to any costs and charges owing to the Minister of Finance in respect of the motor vehicle, as prescribed by regulation, after which any balance shall be paid to the previous owner of the motor vehicle. General Provisions Personal property in motor vehicle 242.1(11) Subject to subsection 242(5) of this Act and subsection 54(3) of The Off-Road Vehicles Act , personal property present in or on a motor vehicle which has been seized and impounded, other than personal property attached to or used in connection with the operation of the motor vehicle, shall be returned to the owner upon request. Owner's right against driver 242.1(12) The owner of a motor vehicle seized under this section may recover any lien costs that he or she has paid from the person who was the driver at the time of the seizure. Minister may indemnify for wrongful seizure 242.1(13) Notwithstanding subsection 41(2) of The Financial Administration Act and any other provision in this section, the Minister of Justice may, where he or she is satisfied that a motor vehicle has been wrongfully seized under this section, (a) authorize the release of the motor vehicle from impoundment; (b) waive any fee, cost or charge prescribed by regulation; and (c) indemnify the owner of the motor vehicle for any direct cost incurred by the owner in respect of the seizure. Justice may order seizure of motor vehicle 242.1(14) A peace officer may apply to a justice for an order authorizing the seizure of a motor vehicle under this section and, where the justice is satisfied that the peace officer has reason to believe that a person has operated or had care or control of a motor vehicle as set out in subsection (1.1), the justice may grant an order authorizing any peace officer to seize the vehicle and impound it and, for that purpose, to enter a building or place where the motor vehicle is stored or kept. Result of failure to obtain order 242.1(15) The failure of a peace officer to obtain an order from a justice under subsection (14) does not invalidate any seizure and impoundment of a motor vehicle that is otherwise lawfully performed or authorized. Tabling of annual report in Assembly 242.1(16) The designated person shall, within 60 days of the end of each fiscal year, submit a report respecting operations under this section to the Minister of Justice who shall immediately lay a copy of the report before the Legislative Assembly if the Assembly is then in Session or, if the Assembly is not then in Session, within 15 days of the commencement of the next Session. S.M. 1989-90, c. 4, s. 8 ; S.M. 1989-90, c. 7, s. 3 to 10; S.M. 1991-92, c. 23, s. 2 ; S.M. 1997, c. 37, s. 23 ; S.M. 1997, c. 38, s. 4 ; S.M. 1999, c. 12, s. 7 ; S.M. 1999, c. 13, s. 7 ; S.M. 1999, c. 35, s. 3 and 8; S.M. 2000, c. 34, s. 4 ; S.M. 2001, c. 19, s. 27 ; S.M. 2004, c. 11, s. 6 ; S.M. 2005, c. 8, s. 17 ; S.M. 2005, c. 37, Sch. B, s. 48 ; S.M. 2010, c. 52, s. 3 ; S.M. 2013, c. 7, s. 4 ; S.M. 2014, c. 23, s. 2 ; S.M. 2018, c. 10, Sch. B, s. 84 ; S.M. 2018, c. 19, s. 2 and 8; S.M. 2018, c. 36, s. 2 ; S.M. 2019, c. 6, s. 3 ; S.M. 2025, c. 5, s. 2 . SEIZURE OF VEHICLES IN SPECIFIED OFFENCES RELATED TO OBTAINING SEXUAL SERVICES OR PROCURING Designated person 242.2(1) In this section and in section 242.3, "designated person" means a person designated by the Minister of Justice for the purposes of those sections. Specified offence related to obtaining sexual services or procuring 242.2(1.1) In this section, "specified offence related to obtaining sexual services or procuring" has the same meaning as in section 264. Appointment or designation of garage keeper 242.2(2) The Minister of Justice may appoint a person or designate a department or branch of the government as a garage keeper for the purpose of this section. Seizure of vehicle used in committing specified offence 242.2(3) A peace officer who on reasonable grounds believes that a motor vehicle is being operated in the course of committing a specified offence related to obtaining sexual services or procuring must seize the motor vehicle and take it into the custody of the law. Release of Seized Vehicles and Personal Property in Seized Vehicles Release of personal property in seized vehicle 242.2(4) Any personal property present in or on a motor vehicle that is seized under this section, other than personal property attached to or used in connection with the operation of the vehicle, shall be released to the owner of the personal property upon request, unless it is required as evidence in a prosecution or in connection with an investigation of an offence under this Act, in which case subsections 242(2) and (3) (peace officer may apply for order to extend detention) apply, with necessary modifications. No release or removal of vehicle except as authorized 242.2(5) No person shall remove or release, or permit the removal or release of, a seized motor vehicle from the place of storage except as authorized under this section. Temporary release of seized vehicle by peace officer 242.2(6) Despite subsection (3), a peace officer who seizes a motor vehicle under this section but is satisfied that taking it into the custody of the law would jeopardize the safety of, or cause undue hardship to, any person, may delay taking custody of the vehicle and may permit it to be driven to a location specified by the officer, where any peace officer may take custody of it. Seizure of released vehicle at other location 242.2(7) Where under subsection (6) a peace officer permits a seized motor vehicle to be driven to a location and the vehicle is not taken into custody at that location, a peace officer may apply to a justice for an order to take the vehicle into the custody of the law, and if the justice is satisfied that the officer had reason to seize the vehicle, the justice may grant an order authorizing a peace officer to take the vehicle into the custody of the law in accordance with this section, with necessary modifications, and for that purpose to enter a building or place where the vehicle is stored or kept. Release of vehicle by peace officer of stolen vehicles or under alternative measures 242.2(8) Where a motor vehicle is seized under this section, a peace officer may, with the approval of the designated person, release the vehicle to the owner, or to a person authorized by the owner, if the officer is satisfied that (a) the vehicle is stolen; or (b) every person (i) who was in the vehicle at the time it was seized, and (ii) who the peace officer referred to in subsection (3) had reasonable grounds to believe had committed a specified offence related to obtaining sexual services or procuring, is eligible for, and consents to be dealt with by way of, a program of alternative measures authorized under clause 717(1)⁠(a) of the Criminal Code (Canada). 242.2(9) [Repealed] S.M. 1999, c. 13, s. 8 . Application to court by certain owners of vehicles 242.2(10) The owner of a motor vehicle seized under this section may, if he or she is not charged with an offence in respect of which the vehicle was seized, apply to a justice to hear applications for the release of vehicles under this section by (a) making application in the form and manner required by the Minister of Justice; and (b) paying the prescribed fee. Justice may consider any relevant evidence 242.2(11) In a hearing conducted pursuant to subsection (10), the justice may consider any evidence or information he or she considers relevant, which may include (a) a report of a peace officer respecting the seizure of the motor vehicle; and (b) a report of the designated person respecting any record of a previous seizure under this section of a vehicle that was at the time registered in the name of, or owned by, the applicant. Determination by justice 242.2(12) If the justice is satisfied that (a) at the time the motor vehicle was seized, the driver was in possession of it without the knowledge and consent of its owner; or (b) the owner could not reasonably have known that the vehicle was being operated in the course of committing a specified offence related to obtaining sexual services or procuring; the justice shall order (c) that the vehicle be released to the owner, or to a person authorized by the owner, subject to payment of the lien under subsection (23), and that the designated person so advise the garage keeper; and (d) that the application fee paid under clause (10)⁠(b) be refunded to the owner. Owner may obtain vehicle by depositing security 242.2(13) The owner of a motor vehicle seized under this section may at any time apply to the designated person for the release of the vehicle on deposit of a sum of money, or security for money approved by the Minister of Finance, equal to the value of the vehicle, as determined by the designated person in accordance with the regulations. Certificate of Minister of Finance confirming deposit 242.2(14) The owner shall deposit the amount determined under subsection (13), or security for it, with the Minister of Finance, who shall issue to the owner a certificate that confirms the amount of the deposit. Designated person to authorize release of vehicle 242.2(15) On receiving a certificate issued under subsection (14), the designated person shall authorize the release of the vehicle to the owner, or to a person authorized by the owner, subject to payment of the lien under subsection (23). Security not subject to other claims 242.2(16) The money or security for money deposited with the Minister of Finance is not subject to any other claim or demand. Release of seized vehicle of low value 242.2(17) If the designated person is satisfied that the costs and charges related to the seizure of a motor vehicle under this section will or could amount to more than the value of the vehicle or the value of the interest of the owner in the vehicle, whichever is less, the person (a) may release the vehicle to the owner subject to payment of the lien under subsection (23) (garage keeper's lien); and (b) before releasing the vehicle, may register a notice, in the form of a financing statement, under Part 5 (registration) of The Personal Property Security Act , that the vehicle is subject to forfeiture under this section. Effect of forfeiture on transfer or new security interest 242.2(18) If a notice is registered under subsection (17), any transfer of the motor vehicle by the owner and any security interest given by the owner after the vehicle is released is void upon forfeiture of the vehicle under clause (26)⁠(b). Notice of release to be given to owner 242.2(19) If a motor vehicle is released under subsection (17), the designated person shall give notice to the owner of (a) the release of the vehicle; (b) any notice registered under clause (17)⁠(b); and (c) the possible disposal of the vehicle (i) under the regulations, or (ii) if the vehicle is an item of collateral under The Personal Property Security Act , by the secured creditor pursuant to that Act, if the vehicle is not removed from storage within 30 days after the date of release. Procedure when released vehicle is not removed 242.2(20) If a motor vehicle referred to in subsection (19) is not removed from storage by the owner within 30 days after the date of release, the designated person shall (a) give the garage keeper approval to dispose of the vehicle in accordance with the regulations; or (b) where the vehicle is an item of collateral under The Personal Property Security Act , give notice to the secured party of the amount of the lien under subsection (23) (garage keeper's lien). Secured party may pay costs and proceed on default 242.2(21) A motor vehicle referred to in clause (20)⁠(b) may be released to the secured party on payment of the lien under subsection (23), and the party may (a) add the amount paid to the amount owing under the security agreement; and (b) proceed in accordance with The Personal Property Security Act in respect of the default of the owner of the vehicle in failing to pay the lien. Procedure on Seizure of Vehicles Requirements for peace officer seizing vehicle 242.2(22) A peace officer who seizes a motor vehicle under this section shall (a) complete an acknowledgement of seizure setting out (i) the name and address of the driver, each passenger that the peace officer had reason to believe had committed a specified offence related to obtaining sexual services or procuring, and the owner of the vehicle, (ii) the year, make and serial number of the vehicle, (iii) the date and time of the seizure, and (iv) the place where the vehicle is to be stored; (b) give the driver referred to in subclause (a)⁠(i) a copy of the acknowledgement; (c) if the owner is present at the time of the seizure, give the owner a copy of the acknowledgement, and if the owner is not then present, without delay send a copy of the acknowledgement by registered or certified mail to the owner's last known address as recorded in the registrar's records of motor vehicle registrations; (d) cause a copy of the acknowledgement to be given to the garage keeper who stores the vehicle; and (e) retain a copy of the acknowledgement. Lien for Costs Relating to Seizure Lien for costs relating to seizure of vehicle 242.2(23) A motor vehicle that is seized under this section shall be stored where the peace officer directs, and the garage keeper who stores the vehicle has a lien, which may be enforced in accordance with the regulations, for the following: (a) costs and charges relating to the seizure of the vehicle, as prescribed by regulation; (b) costs and charges on account of administration of this section to be paid to the Minister of Finance upon the release of the seized vehicle, as prescribed by regulation; (c) the cost of searches and registrations, and other charges under The Personal Property Security Act , that are reasonably necessary for the garage keeper to perform his or her obligations. Effect of garage keeper's lien 242.2(24) A motor vehicle that is subject to a lien under subsection (23) shall be retained in the custody of the law until the lien is paid or the vehicle is dealt with under this Act or the regulations. Return or Forfeiture of Vehicles and Deposits Process when no person is convicted 242.2(25) If no person is convicted of an offence in respect of which a motor vehicle is seized under this section, the Minister of Justice shall (a) if the vehicle has not been released under this section, release the vehicle; (b) if a notice has been registered in the Personal Property Registry under clause (17)⁠(b), discharge the notice in accordance with The Personal Property Security Act ; and (c) return any sum of money or security for money deposited with the Minister of Finance in respect of the vehicle under this section. Forfeiture of vehicle or deposit on conviction 242.2(26) When a person who is in a motor vehicle at the time it is seized under subsection (3) is convicted of a specified offence related to obtaining sexual services or procuring (a) if the owner of the vehicle has deposited money or security for money under subsection (13), the deposit is forfeited; (b) if a notice has been registered in the Personal Property Registry under clause (17)⁠(b), the vehicle is forfeited to the government, subject to any security interest registered before the notice; (c) if at the time of the conviction the vehicle remains under seizure and has not been released under this section or disposed of under the regulations, the vehicle is forfeited to the government, subject to any security interest registered before the seizure. Value of certain forfeited vehicles is debt due 242.2(27) Where a motor vehicle forfeited under clause (26)⁠(b) is for any reason at the time of forfeiture not being operated in the province, or the value of the vehicle has decreased since it was seized, the Minister of Justice may recover from the owner of the vehicle, as a debt due to the Crown, (a) in the case of a vehicle not being operated, the value of the vehicle at the time it was seized; or (b) in the case of a decrease in value, the amount of the decrease. Use of funds from deposit or sale of vehicle 242.2(28) Proceeds realized from a forfeited deposit or from the sale of a forfeited motor vehicle shall be used (a) to pay any costs and charges relating to the seizure of the vehicle, as determined by the designated person in accordance with the regulations; and (b) after payment of the costs and charges, to assist any groups or organizations that, in the opinion of the Minister of Justice, support or deliver programs to reduce the occurrence of specified offences related to obtaining sexual services or procuring. General Provisions Owner's right against driver for amount of lien 242.2(29) The owner of a motor vehicle that is seized under this section may recover, from the person who was the driver at the time the vehicle was seized, the amount of any lien that the owner is required to pay under this section. Indemnification 242.2(30) Despite subsection 41(3) (settlement of claims) of The Financial Administration Act, subsection (23) (garage keeper's lien) of this section, and regulations made under clauses (32)⁠(g) and (h) (costs and charges), the Minister of Justice may, where he or she considers it reasonable and just in respect of a seizure made under this section, (a) waive any cost or charge prescribed by regulation; and (b) indemnify the owner of the motor vehicle for any direct cost incurred by the owner in respect of the seizure. Reasons for indemnification 242.2(31) Where the Minister of Justice acts under subsection (30), he or she shall file with the designated person the reasons for doing so. Regulations 242.2(32) The Lieutenant Governor in Council may make regulations (a) respecting the towing, transportation, care, storage and disposal of motor vehicles seized under this section, including the application of provisions of The Garage Keepers Act ; (b) respecting the release of motor vehicles seized under this section; (c) prescribing fees for the purpose of clause (10)⁠(b); (d) for the purpose of subsections (13), (17) and (27), respecting the determination of the value of motor vehicles; (e) respecting the deposit of money or security for money under subsection (13), including the disposition of interest earned on deposits; (f) respecting the enforcement of liens under subsection (23); (g) for the purpose of clauses (23)⁠(a) and (28)⁠(a), respecting costs and charges relating to the seizure of motor vehicles, including the towing, transportation, care, storage and disposal of vehicles, or the manner in which those costs and charges are to be determined; (h) for the purpose of clause (23)⁠(b), respecting the costs and charges payable on account of administration, or the manner in which those costs and charges are to be determined; (i) respecting criteria for the exercise of discretion under subsection (30); (j) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this section. S.M. 1998, c. 40, s. 2 ; S.M. 1999, c. 13, s. 8 ; S.M. 1999, c. 35, s. 4 ; S.M. 2000, c. 6, s. 20 ; S.M. 2001, c. 29, s. 6 ; S.M. 2005, c. 8, s. 17 ; S.M. 2015, c. 43, s. 21 . FORFEITURE OF VEHICLES FOR CERTAIN OFFENCES Definition of "motor vehicle" 242.3(1) In this section, "motor vehicle" includes an off-road vehicle, but does not include a stolen motor vehicle or stolen off-road vehicle. Liability of vehicle to forfeiture for single offence 242.3(2) A motor vehicle by means of which, or in relation to which, an offence under any of the following provisions of the Criminal Code is committed is liable to be forfeited to the government upon the commission of the offence: (a) section 220 (criminal negligence causing death); (b) section 221 (criminal negligence causing bodily harm); (c) section 236 (manslaughter); (d) subsection 320.13(2) (dangerous operation causing bodily harm); (e) subsection 320.13(3) (dangerous operation causing death); (f) subsection 320.14(2) (operation while impaired causing bodily harm); (g) subsection 320.14(3) (operation while impaired causing death); (h) subsection 320.15(2) (failure or refusal to comply with demand — accident resulting in bodily harm); (i) subsection 320.15(3) (failure or refusal to comply with demand — accident resulting in death). Liability of vehicle to forfeiture for third or subsequent offence 242.3(3) A motor vehicle is liable to be forfeited to the government on the commission of an offence if both of the following conditions are met: (a) the offence is committed by means of, or in relation to, the motor vehicle under one or more of the following provisions of the Criminal Code : (i) subsection 320.13(1) (dangerous operation), (ii) paragraph 320.14(1)⁠(a), (b), (c) or (d) (operation while impaired), (iii) subsection 320.15(1) (failure or refusal to comply with demand), (iv) section 320.16 (failure to stop after accident), (v) section 320.17 (flight from peace officer), (vi) subsection 320.18(1) (operation while prohibited); (b) within five years before the commission of the offence, the alleged offender has committed two or more of the following: (i) an offence listed in clause (a), (ii) an offence listed in subsection (2), (iii) an offence listed in this subsection or in subsection (2) as those provisions read immediately before the coming into force of this clause. Offences must arise out of separate incidents 242.3(4) All the offences giving rise to liability to forfeiture under subsection (3) must arise out of separate incidents. Notice of forfeiture to be given to alleged offender 242.3(5) A peace officer who on reasonable grounds believes that an offence giving rise to liability to forfeiture has been committed shall, whenever it is practicable, give a notice of forfeiture to the alleged offender. Lack of notice does not affect liability to forfeiture 242.3(6) If the alleged offender is not given a notice of forfeiture under subsection (5), the motor vehicle's liability to forfeiture is not affected. Notice to designated person 242.3(7) After preparing a notice of forfeiture, a peace officer must give a copy of it to the designated person without delay. Registration of financing statement 242.3(8) Upon receiving a notice of forfeiture from a peace officer or otherwise being notified that a motor vehicle is liable to forfeiture, the designated person shall register a notice, in the form of a financing statement, under Part 5 of The Personal Property Security Act , that the motor vehicle is liable to forfeiture under this section. Notice to owner 242.3(9) After registering a financing statement under subsection (8), the designated person must send the motor vehicle's owner an owner's notice of forfeiture and a copy of the registered financing statement at his or her last known address (a) as recorded in the registrar's records of motor vehicle registrations; or (b) as otherwise determined by the designated person. Effect of forfeiture on transfer or new security interest 242.3(10) When a financing statement is registered under subsection (8), any transfer of the motor vehicle by the owner afterward, and any security interest in it given by the owner afterward, is void upon forfeiture of the vehicle under subsection (21). Financing statement to be sent to secured party 242.3(11) If the motor vehicle is an item of collateral under The Personal Property Security Act , the designated person must, after registering a financing statement under subsection (8), send a copy of it to the secured party at his or her address as set out in his or her registration under that Act in relation to the vehicle. Application to court by certain owners of vehicles 242.3(12) If the owner of the motor vehicle is not charged with the offence for which the vehicle is liable to be forfeited, he or she may apply to a justice to hear applications for the release of vehicles from liability to forfeiture under this section by (a) making application in the form and manner required by the Minister of Justice; and (b) paying the prescribed fee. Justice may consider any relevant evidence 242.3(13) In a hearing conducted under subsection (12), the justice may consider any evidence or information he or she considers relevant. Determination by justice 242.3(14) The justice may order that the motor vehicle is no longer liable to be forfeited for the offence if he or she is satisfied that (a) at the time of the offence, the offender was in possession of it without the knowledge and consent of the owner; or (b) the owner could not reasonably have known that the vehicle would be operated in the course of committing the offence. Owner may deposit security to release vehicle from forfeiture 242.3(15) The owner of the motor vehicle may, before the vehicle is forfeited, apply to the designated person for a release of its liability to forfeiture on deposit of a sum of money, or security for money approved by the Minister of Finance, equal to the vehicle's value or the value of the owner's interest in it, as determined by the designated person in accordance with the regulations. Certificate of Minister of Finance confirming deposit 242.3(16) The owner shall deposit the amount determined under subsection (15), or security for it, with the Minister of Finance, who shall issue to the owner a certificate that confirms the amount of the deposit. When the certificate is issued, the motor vehicle is released from liability for forfeiture for the offence. Security not subject to other claims 242.3(17) The money or security for money deposited with the Minister of Finance is not subject to any other claim or demand. Designated person to discharge financing statement 242.3(18) On receiving an order made under subsection (14) or a certificate issued under subsection (16), the designated person must discharge the financing statement that he or she registered against the motor vehicle. Release of forfeiture when no person is convicted 242.3(19) A vehicle is no longer liable to forfeiture for an offence when the charge for the offence is stayed, or the alleged offender is acquitted of the charge, and one of the following events occurs: (a) the applicable appeal period expires without the Crown having made an appeal; (b) the Crown abandons the appeal, if any; (c) the final court of appeal (i) upholds the stay or acquittal, or substitutes a conviction for another offence for which the motor vehicle is not liable to be forfeited, or (ii) dismisses the Crown's application for leave to appeal. Discharge of financing statement etc. when vehicle no longer liable to forfeiture 242.3(20) When a vehicle is no longer liable to forfeiture, as provided for in subsection (19), (a) the designated person must discharge the financing statement that he or she registered against the motor vehicle; or (b) if a sum of money or security for money was deposited in respect of the vehicle under this section, the Minister of Finance must return the sum or security deposited. Forfeiture of vehicle or deposit on final conviction 242.3(21) When a person is convicted of an offence for which the motor vehicle is liable to be forfeited under this section and the conviction is final, (a) if a financing statement was registered against the vehicle under subsection (8) and the vehicle has not been released from liability to forfeiture, the vehicle is forfeited to the government, subject to any security interest registered before the financing statement; or (b) if the owner has deposited money or security for money under subsection (15), the deposit is forfeited. Forfeiture for third or subsequent offence 242.3(22) Despite subsection (21), when an offence giving rise to liability to forfeiture is an offence referred to in clause (3)⁠(a) and it gives rise to the liability (a) because it is a third offence, the motor vehicle or deposit is forfeited when the alleged offender is convicted of all three of the offences and the convictions are all final; and (b) because it is an offence that is subsequent to the third, the motor vehicle or deposit is forfeited when the alleged offender is convicted of the offence giving rise to liability to forfeiture and at least two of the others and the convictions are all final. When conviction is final 242.3(23) A conviction is final for the purposes of this section when one of the following events occurs: (a) the appeal period expires without the convicted person having made an appeal; (b) the convicted person abandons the appeal; (c) the final court of appeal (i) upholds the conviction or substitutes a conviction for another offence for which the motor vehicle was liable to be forfeited, or (ii) dismisses the convicted person's application for leave to appeal. Designated person must send the owner a notice to relinquish the vehicle 242.3(24) When the conviction is final, the designated person must send a notice to relinquish the motor vehicle to the vehicle's owner at his or her last known address (a) as recorded in the registrar's records of motor vehicle registrations; or (b) as otherwise determined by the designated person. Owner must relinquish vehicle within 14 days 242.3(25) The owner of the motor vehicle shall relinquish the motor vehicle to the Crown at a place of impoundment specified in the notice to relinquish the vehicle, within 14 days after the day on which the designated person sends the notice. Application to court to set aside forfeiture 242.3(25.1) If the owner of a forfeited motor vehicle was not charged with the offence for which the vehicle was forfeited and did not apply under subsection (12) to release the vehicle from liability to forfeiture, he or she may apply for an order setting aside the forfeiture by (a) making an application, in the form and manner required by the Minister of Justice, to a justice designated to hear applications under subsection (12); and (b) paying the prescribed fee. Justice may consider any relevant evidence 242.3(25.2) In a hearing conducted under subsection (25.1), the justice may consider any evidence or information he or she considers relevant. Determination by justice 242.3(25.3) The justice may order that the motor vehicle's forfeiture is set aside and that it is no longer liable to forfeiture for the offence if he or she is satisfied that (a) at the time of the offence, the offender was in possession of it without the knowledge and consent of the owner; or (b) the owner could not reasonably have known that the vehicle would be operated in the course of committing the offence. When order is effective 242.3(25.4) An order under subsection (25.3) is effective once the justice issues it. Preliminary finding necessary 242.3(25.5) Before the justice hears evidence about the matters set out in subsection (25.3) or makes an order under that subsection, the owner must satisfy the justice that the owner applied to set aside the forfeiture promptly after learning about the need for the application and (a) that he or she reasonably believed that he or she had taken the necessary action to release the motor vehicle from liability to forfeiture; (b) that, through no fault of his or her own, he or she did not receive notice about the motor vehicle's liability to forfeiture before it was forfeited; or (c) that, through no fault of his or her own, he or she did not apply under subsection (12) because he or she did not understand the application procedure or forfeiture process or because of another honest mistake. When order may be made after vehicle's seizure 242.3(25.6) If the owner applies after the forfeited motor vehicle has been seized under subsection (39), the justice must not make an order under subsection (25.3) unless the justice is satisfied that the owner, through no fault of his or her own, did not receive the notice to relinquish the vehicle before the seizure. Costs of seizure must be reimbursed 242.3(25.7) If the owner applies after the forfeited motor vehicle has been seized under subsection (39), the justice must not issue an order made under subsection (25.3) until the owner reimburses the government for the costs of seizing the vehicle, as determined by the designated person. Prohibition on sale, etc., of vehicle 242.3(26) The owner of a motor vehicle that is liable to forfeiture under this section shall not dispose of his or her interest in the vehicle, or grant a security interest in the vehicle, after any of the following has occurred: (a) he or she has been given a notice of forfeiture under subsection (5), if he or she is an alleged offender; (b) the vehicle has been seized or detained in relation to the incident during which the offence giving rise to liability to forfeiture was committed; (c) the designated person has registered a financing statement against the vehicle under subsection (8). Prohibition on avoidance of forfeiture of vehicle 242.3(27) No person shall, alone or in concert with the owner of a motor vehicle that is liable to forfeiture under this section, do anything to prevent the vehicle from being forfeited or to lower its forfeiture value, including but not limited to, (a) entering an agreement, or doing an act, to make it appear that the owner no longer owns the vehicle; (b) hiding the vehicle; (c) removing the vehicle from the province, other than in the normal course of operating it; (d) wilfully damaging the vehicle; and (e) disassembling the vehicle, or removing parts from it, other than in the ordinary course of repairs or maintenance. Offence and penalty 242.3(28) A person who contravenes subsection (25), (26) or (27) commits an offence and is liable on summary conviction to a fine of not more than $1,000. or imprisonment for a term of not more than six months, or both. Defence of accused re failure to relinquish vehicle 242.3(29) In a prosecution for a contravention of subsection (25), the accused has a defence if the accused can prove on a balance of probabilities (a) that, at the time of the offence, he or she had a reasonable belief that the motor vehicle was not forfeited or that he or she was not required to relinquish it; or (b) that, before the time of the offence, he or she took all reasonable steps to ascertain whether the vehicle was forfeited and whether he or she was required to relinquish it. Defence of accused re disposition of vehicle 242.3(30) In a prosecution for a contravention of subsection (26), the accused has a defence if the accused can prove on a balance of probabilities that, at the time of the offence, he or she did not know, or could not reasonably have known, that the motor vehicle had been seized or detained under this Act or a financing statement had been registered under subsection (8), as may be applicable. Refusal to register vehicle 242.3(31) If a motor vehicle is not relinquished as required by subsection (25), the registrar may refuse to register the vehicle in any person's name and, if the vehicle is registered, may suspend or cancel the registration of the vehicle regardless of who is the registered owner. Method of sending notice 242.3(32) A notice that must be sent to any person under this section may be (a) sent by prepaid mail that provides the sender with an acknowledgement of receipt; (a.1) sent to the e-mail address provided by the person to the sender for the delivery of notices under this Act; (b) personally served on the person; or (c) sent in any manner set out in the regulations. Value of certain forfeited vehicles is debt due 242.3(33) Where a motor vehicle forfeited under subsection (21) is not relinquished to the Crown or the value of the vehicle has decreased since it became liable to forfeiture, the Minister of Justice may recover from the vehicle's owner, as a debt due to the Crown, (a) in the case of a vehicle that is not relinquished, the value of the vehicle at the time it became liable to forfeiture, as determined by the designated person in accordance with the regulations; or (b) in the case of a decrease in value, the amount of the decrease, as determined by the designated person in accordance with the regulations. Certificate of debt 242.3(34) The designated person may issue a certificate showing (a) the name and address of the motor vehicle owner who is liable to pay the debt; (b) the amount of the debt; and (c) the designated person's address for service; and the certificate is evidence of the amount of the debt due to the Crown by the motor vehicle owner at the time the certificate is issued. Filing of certificate 242.3(35) A certificate issued under this section may be filed in the Court of King's Bench, and when it is filed, (a) the obligation to pay the amount certified is enforceable as if it were a judgment of the court in favour of the Crown; and (b) the certificate is deemed for the purposes of Part XIV of The Court of King's Bench Act to be an order of the court (i) pronounced on the day the certificate is filed, and (ii) on which post-judgment interest is payable under that Part. Insurance proceeds for vehicle damage 242.3(36) If the motor vehicle is damaged during the commission of the offence giving rise to liability to forfeiture, or at any time between the commission of the offence and being relinquished, the insurance company must pay the insurance proceeds to the Minister of Finance, if (a) the designated person has sent it a copy of the financing statement registered under subsection (8); and (b) the vehicle is written off or the insurance proceeds will not, for any reason, be used for the vehicle's repair. Insurance proceeds to be held until vehicle forfeited or is no longer liable to forfeiture 242.3(37) The Minister of Finance shall hold the insurance proceeds until the motor vehicle is forfeited or is no longer liable to forfeiture and, (a) if the vehicle is forfeited, (i) shall pay the proceeds in order of priority to secured creditors who registered security interests against the vehicle before the financing statement was registered under subsection (8), and (ii) credit the balance, if any, to the vehicle owner's debt to the Crown; or (b) if the vehicle is no longer liable to forfeiture, (i) shall pay the proceeds to vehicle's owner, or (ii) if there is a dispute as to who is entitled to the proceeds, shall pay them into the Court of King's Bench. Payment for repairs only 242.3(38) When a motor vehicle to which subsection (36) applies is to be repaired, the insurance company must ensure that the insurance proceeds are paid to the repairer on account of the repairs. Crown may seize vehicle if it is not relinquished 242.3(39) If the motor vehicle is not relinquished under subsection (25), a person authorized by the Minister of Justice may, without notice or legal process, take possession of the vehicle from any person on behalf of the Crown. For this purpose, the person may enter upon the land where the motor vehicle is located and do such things and take such action as he or she considers necessary to take possession of it. Personal information about alleged offender may be disclosed 242.3(40) The government may, for the purpose of informing a motor vehicle owner about the circumstances of the vehicle's liability to forfeiture, disclose personal information about the alleged offender in an owner's notice of forfeiture and about the convicted person in a notice to relinquish a motor vehicle. Sending confirmation statement 242.3(41) Instead of sending a copy of a registered financing statement to a motor vehicle owner, secured party or insurance company under subsection (9), (11) or (36), the designated person may send the owner, party or company a copy of a statement, issued by the Personal Property Registry, confirming registration of the financing statement. Regulations 242.3(42) The Lieutenant Governor in Council may make regulations (a) respecting notices of forfeiture and other notices under this section; (b) respecting the manner of giving or sending notices and other documents under this section; (c) prescribing fees for the purpose of clause (12)⁠(b); (d) for the purpose of subsections (15) and (33), respecting the determination of the value of motor vehicles; (e) respecting the deposit of money or security for money under subsection (15), including the disposition of interest earned on deposits; (f) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this section. S.M. 2001, c. 29, s. 7 ; S.M. 2004, c. 11, s. 7 ; S.M. 2005, c. 8, s. 17 ; S.M. 2005, c. 31, s. 4 ; S.M. 2008, c. 5, s. 2 ; S.M. 2009, c. 9, s. 2 ; S.M. 2014, c. 23, s. 3 ; S.M. 2018, c. 19, s. 2 and 8; S.M. 2018, c. 29, s. 17 ; S.M. 2021, c. 4, s. 17 . MOTOR VEHICLES INVOLVED IN RACING — SEIZURE, IMPOUNDMENT AND DRIVER'S LICENCE SUSPENSION Definition 242.4(1) In this section, "designated person" means a person designated by the Minister of Justice for the purpose of this section. Seizure and impoundment of certain vehicles 242.4(2) Subject to subsection (4), a peace officer may seize a motor vehicle and impound it for seven days if the officer has reason to believe that the vehicle is being or has been driven on a highway in a race. Factors peace officer may consider 242.4(3) In deciding, for the purposes of subsection (2) or (17), whether two or more motor vehicles are being or have been driven in a race, a peace officer may take into consideration the manner in which the vehicles are or were driven and the actions or comments of the drivers and any other participants, including, but not limited to, any of the following factors: (a) the operation of the vehicles at high speed; (b) whether there was sudden or rapid acceleration of the vehicles; (c) whether the acceleration of the vehicles occurred at a location that is known to the peace officer as a location for racing; (d) any communication between the drivers or the passengers of the vehicles, by action, gesture or word, of an agreement or challenge to race; (e) any evidence of planning or conduct by a person that the peace officer believes indicates the person's intention to engage in a contest of speed; (f) any evidence of a bet or wager; (g) whether the driver or any of the passengers of one involved vehicle know the driver or any of the passengers of another involved vehicle. Motor vehicle released for safety, undue hardship 242.4(4) Where a peace officer is satisfied that the seizure and impoundment of a motor vehicle under subsection (2) would jeopardize the safety of, or cause undue hardship to, any person, or is, in the opinion of the officer, not practicable in the circumstances, the peace officer may delay taking custody of the motor vehicle, in which case the peace officer may permit the motor vehicle to be driven to a location specified by the peace officer, where any peace officer may take custody of it. Application for order to seize and impound 242.4(5) Where under subsection (4) a peace officer permits a motor vehicle to be driven to a specified location and the vehicle is not impounded at that location, a peace officer may make application to a justice for an order to seize the vehicle and impound it in accordance with this section, with necessary modifications. Release of stolen vehicle 242.4(6) A peace officer who is satisfied that a motor vehicle seized under subsection (2) had been stolen may release the vehicle to the owner, or a person authorized by the owner to take possession of it. Duties of peace officer 242.4(7) Where a motor vehicle has been seized and impounded, the peace officer shall (a) complete a notice of seizure setting out (i) the name and address of the driver, and of the owner if the driver is not the owner and discloses the name and address of the owner, (ii) the year, make and serial number of the motor vehicle, (iii) the date and time of the seizure and the date and time the vehicle may be released from impoundment, (iv) the place where the vehicle is to be impounded, and (v) the particulars of the officer's reasons to believe that the vehicle was driven in a race;

(b) if the driver is not, or does not appear to be, the owner of the motor vehicle, request that the driver disclose the name and address of the owner; (c) give the driver a copy of the notice; (d) cause a copy of the notice to be given to the owner; (e) cause a copy of the notice to be given to the garage keeper who stores the motor vehicle; and (f) retain a copy of the notice. Costs relating to impoundment are lien on vehicle 242.4(8) A motor vehicle that is seized and impounded under this section shall be stored where the peace officer directs, and the following amounts are a lien on the impounded vehicle that may be enforced in the manner provided in The Garage Keepers Act : (a) costs and charges prescribed by a regulation made under section 319; (b) expenditures for searches, registrations and other charges under The Personal Property Security Act that are reasonably necessary for the garage keeper to comply with the requirements of The Garage Keepers Act . Release of vehicle after impoundment period 242.4(9) Unless otherwise required by this Act, and subject to subsection (8) (lien), a motor vehicle is to be released to its owner or a person authorized by the owner after the period of impoundment expires. No removal of impounded vehicle except as authorized 242.4(10) No person shall remove or release or permit the removal or release of a motor vehicle that is impounded under this section from the place of impoundment unless one of the following provisions applies to the vehicle: (a) subsection (6) (stolen vehicle); (b) subsection (9) (expiry of impoundment period). Officer may direct movement of vehicle 242.4(11) A peace officer may direct that an impounded motor vehicle be moved for the purpose of impounding it at another location. Effect of lien 242.4(12) A motor vehicle that is subject to a lien under this section shall remain impounded until the amount of the lien is paid or the vehicle is disposed of in accordance with this section and the regulations. Disposal of impounded vehicle by garage keeper 242.4(13) Despite subsection (12), a garage keeper who stores a motor vehicle that is impounded under this section may, on the expiry of the period of impoundment and with the approval of the designated person, dispose of it, by sale or otherwise, after delivering the number plates from the vehicle to the designated person and filing with the designated person (a) a statutory declaration of the garage keeper declaring that the amount of his or her lien on the motor vehicle exceeds his or her estimate of its value; (b) a certificate issued under The Personal Property Security Act showing that the serial number of the motor vehicle is not identified as an item of collateral in the personal property registry; and (c) a copy of the notice of seizure. Transfer of ownership to garage keeper 242.4(14) Where under subsection (13) the designated person approves the disposal of a motor vehicle by a garage keeper, the designated person shall complete a transfer of vehicle ownership, in a form that the Minister of Justice may prescribe, from the owner of the motor vehicle to the garage keeper. Personal property in motor vehicle 242.4(15) Subject to subsection 242(5) of this Act and subsection 54(3) of The Off-Road Vehicles Act , personal property present in or on a motor vehicle which has been seized and impounded, other than personal property attached to or used in connection with the operation of the motor vehicle, shall be returned to the owner upon request. Owner's right against driver 242.4(16) The owner of a motor vehicle seized under this section may recover any lien costs that he or she has paid from the person who was the driver at the time of the seizure. Racing — suspension of driver's licence 242.4(17) A peace officer who has reason to believe that a motor vehicle is being or has been driven on a highway in a race may, under subsection (18), impose a driver's licence suspension or driving disqualification on the driver. Suspension and disqualification by order 242.4(18) In the circumstances described in subsection (17), the peace officer may, on the registrar's behalf, take whichever of the following actions applies to the driver: (a) if the driver holds a valid driver's licence, the peace officer may (i) take possession of it, and (ii) by serving a suspension and disqualification order on the driver, suspend the driver's licence and disqualify the driver from driving a motor vehicle in Manitoba for seven days; (b) if the driver holds a valid out-of-province driving permit, the peace officer may, by serving a suspension and disqualification order on him or her, disqualify him or her from holding a driver's licence or driving a motor vehicle in Manitoba for seven days; (c) if the driver does not hold a valid driver's licence or out-of-province driving permit, the peace officer may, by serving a suspension and disqualification order on him or her, disqualify him or her from holding a driver's licence or driving a motor vehicle in Manitoba for seven days. Documents to be sent to registrar 242.4(19) A peace officer who serves a suspension and disqualification order under subsection (18) must, without delay, send to the registrar (a) a copy of the completed order; and (b) a report sworn or solemnly affirmed by the peace officer. Use of required forms 242.4(20) A suspension and disqualification order and peace officer's report under this section must be in the form, contain the information and be completed in the manner required by the registrar. Duty to surrender driver's licence 242.4(21) On being served with the suspension and disqualification order, the driver must without delay surrender his or her driver's licence to the peace officer, but the driver's licence is suspended whether or not the driver surrenders it. Return of driver's licence 242.4(22) When a suspension and disqualification period under this section ends, the surrendered driver's licence must be returned without delay to the licence holder except when he or she is otherwise not eligible to hold a driver's licence. Reinstatement charges 242.4(23) A person whose driver's licence is suspended under this section or who is disqualified under this section from holding a driver's licence or driving a motor vehicle in Manitoba must pay the reinstatement charge specified in relation to this section in the regulations made under section 331. S.M. 2004, c. 11, s. 8 ; S.M. 2013, c. 8, s. 3 ; S.M. 2018, c. 10, Sch. B, s. 84 . UNLAWFULLY PARKED VEHICLES Moving of vehicle unlawfully parked 243(1) Where a peace officer or any person duly authorized for the purpose by the traffic authority has reasonable and probable cause for believing that a vehicle is standing, or is parked, (a) in violation of subsection 90(1), (3) or (9), section 93 or 230, or of any rule made under any of those provisions, or in violation of section 122, 123 or 222; or (b) in a position that causes it to interfere with removal of snow from a highway by a person authorized to do so by the traffic authority; or (c) in a position that causes it to interfere with fire fighting; he may move the vehicle or cause it to be moved, or may require the driver or person in charge of the vehicle to move it to a position determined by the peace officer or other authorized person. Removal of parked vehicle, etc. 243(2) Where a peace officer has reasonable and probable cause to believe that an unattended vehicle is (a) in violation of subsection 90(1), (3) or (9), section 93 or 230, or of any rule made under any of those provisions, or in violation of section 122, 123 or 222; or (b) apparently abandoned on or near a highway; or (c) a motor vehicle on a highway without the number plate or plates required to be displayed on it under The Drivers and Vehicles Act or the regulations under that Act; he or she may take the vehicle into his custody and cause it to be taken to, and stored in, a suitable place. Costs of moving and storage 243(3) Costs and charges incurred in moving or storing a vehicle or both, under subsections (1) and (2) are a lien on the vehicle that may be enforced under The Garage Keepers Act by the person who moved or stored the vehicle at the request of the peace officer or other authorized person. S.M. 1997, c. 37, s. 24 ; S.M. 2005, c. 37, Sch. B, s. 49 . PROCEDURE Trial by justice of the peace 244 A justice of the peace may hear, try, determine, and adjudge prosecutions, charges, matters, and proceedings in cases arising under this Act. Limitation on prosecution for offence 245 Subject as herein expressly otherwise provided, no proceedings against any person for an alleged offence under this Act shall be instituted more than six months after the time when the alleged offence was committed. Oath not required on information 246 An information laid by a peace officer for an alleged offence under this Act or the regulations, or under a municipal by-law passed pursuant to this Act, is not required to be taken under oath. Admissibility of supplemental report 247(1) The fact that a supplemental report has been made as required by section 159 is admissible in evidence solely to prove compliance with that section, and the supplemental report or any part thereof or any statement contained therein, is not admissible in evidence in any trial, civil or criminal, arising out of the accident in respect of which the supplemental report was made. Certificate of registrar 247(2) In a prosecution for violation of section 155 or 159, a certificate purporting to be signed by the registrar certifying that any report required under any of those sections has or has not been made is admissible in any action or proceeding in any court, or in any matter before a board, commission or other body as prima facie proof of the facts certified, without proof of the signature of the registrar. Signature of registrar 247(2.1) An engraved, lithographed, printed or otherwise mechanically or electronically reproduced signature or facsimile signature of the registrar is a sufficient authentication of a certificate, whether or not the signature was on the document that becomes the certificate before the facts were indicated on that document. Place of offence when report not made 247(3) In a prosecution for failure to make a report required by section 155 or 159, in respect of an accident, the place where the accident occurred shall be conclusively deemed to be the place of the offence. S.M. 1994, c. 4, s. 13 ; S.M. 2018, c. 10, Sch. B, s. 85 . 248 [Repealed] S.M. 1994, c. 4, s. 14 ; S.M. 1995, c. 33, s. 10 ; S.M. 2001, c. 7, s. 22 . Benefit of fines 249 A fine or penalty imposed by this Act enures to the benefit of the municipality in which the offence is committed if the prosecution is instituted by, or under the authority of, the municipality, or by officers appointed thereby; and in all other cases the fine or penalty enures to the benefit of His Majesty in right of the province, and shall be transmitted by the convicting justice to the Minister of Finance. Description of careless driving offence 250(1) In describing an offence under subsection 95(2) or 188(2), it is sufficient to charge an accused person with driving carelessly, and the judge or justice may receive evidence for the prosecution showing what acts or circumstances constitute the offence charged; and the conviction of the judge or justice is sufficient if it sets forth that the accused did drive carelessly without setting forth the specific acts or circumstances that constituted the offence. Description of speeding offence 250(2) In describing an offence under subsection 95(1), it is sufficient to charge an accused person with exceeding the speed limit; and the judge or justice may receive evidence for the prosecution showing what acts or circumstances constituted the offence charged; and the conviction by the judge or justice is sufficient if it sets forth that the accused did exceed the speed limit without setting forth the specific acts or circumstances that constituted the offence. Description of imprudent driving offence 250(3) In describing an offence under subsection 95(2), it is sufficient to charge an accused with driving imprudently, and the judge or justice may receive evidence for the prosecution showing what acts or circumstances constitute the offence charged; and the conviction of the judge or justice is sufficient if it sets forth that the accused did drive imprudently without setting forth the specific acts or circumstances that constituted the offence. S.M. 2018, c. 10, Sch. B, s. 86 . 251 [Repealed] S.M. 1991-92, c. 25, s. 55 . Successive offences 252 Where a penalty is provided in this Act for a first, second, third or subsequent offence, the words "first", "second", "third" and "subsequent" relate only to offences committed in the same period of 36 months; but this section does not apply to (a) an offence under section 213, 213.1 or 213.2; (b) the offences referred to in subsection 264(1) for the purpose of determining the length of a period of suspension or disqualification under subsection 264(1.1), (1.2.1), (1.2.3) or (6.1); or (c) the offences referred to in subsection 264(1) for the purpose of determining the length of a period of alcohol prohibition under subsection 264.1(1) or (2). S.M. 2001, c. 29, s. 8 ; S.M. 2005, c. 31, s. 5 ; S.M. 2017, c. 22, s. 12 ; S.M. 2025, c. 5, s. 3 . Proceedings where previous convictions 253 The proceeding upon an information for an offence against any provision of this Act, in a case where a previous conviction or previous convictions are charged, shall be as follows: (a) The judge or justice shall, in the first instance, inquire concerning the subsequent offence, and if the accused is found guilty thereof he shall then be asked whether he was so previously convicted as alleged in the information, and if he answers that he was so previously convicted he shall be sentenced accordingly; but if he denies that he was so previously convicted, or does not answer the question, the judge or justice shall then inquire concerning the previous conviction or convictions. (b) A certificate purporting to be under the hand of the convicting judge or justice, or of the Registrar of the Court of King's Bench or a deputy registrar of the Court of King's Bench to whose office a conviction has been returned, or the registrar, is admissible in evidence, without proof of the signature or official character of the person signing it or of the identity of the person charged with the person named in the certificate, if the name is the same, as prima facie proof of the previous conviction or convictions and of all the facts set forth in the certificate. (c) In the event of a conviction for any second or subsequent offence becoming void or defective after the making thereof, by reason of any previous convictions being set aside, quashed, or otherwise rendered void, a judge of the court or the justice by whom the second or subsequent conviction was made shall summon the person convicted to appear at a time and place to be named, and shall thereupon, upon proof of the due service of the summons, if the person fails to appear, or on his appearance, amend the second or subsequent conviction, and adjudge such penalty or punishment as might have been adjudged had the previous conviction never existed; and the amended conviction shall thereupon be held valid to all intents and purposes as if it had been made in the first instance. Reduction of penalty 254(1) In any prosecution for an offence against this Act other than an offence under section 68, 71, 86 or 317 if the judge or justice is satisfied from the evidence that the offence charged occurred through accident or under circumstances not wholly attributable to the fault of the accused, the judge or justice may, notwithstanding anything in this Act, instead of imposing the penalty in this Act provided for the offence, (a) where a minimum fine is prescribed, impose a fine that is less than the minimum; (b) reprimand the accused; (c) suspend the sentence; or (d) grant a conditional or absolute discharge. Reduction of penalty in certain cases 254(2) In any prosecution under this Act, other than under section 71 or 86, in respect of the operation of a regulated vehicle for a weight in excess of the gross weight specified thereunder, if the judge or justice is satisfied that the weight is not in excess of the tolerance specified in regulations by reason of circumstances not wholly attributable to the accused, the judge or justice may grant a conditional or absolute discharge to the accused and in the case of a prosecution under section 71, where the material being hauled consists of clay or mud obtained from an excavation of a highway or building, and no scales are available at the location of loading or within a reasonably close distance from the location of loading, if the judge or justice is satisfied from the evidence that the offence charged occurred under circumstances not wholly attributable to the fault of the accused, he may (a) where a minimum fine is prescribed, impose a fine that is less than the minimum; (b) reprimand the accused; (c) suspend the sentence; or (d) grant a conditional or absolute discharge. Reasons to be noted 254(3) Where a disposition is made under subsection (1) or (2), and the proceedings are not recorded by a person authorized to record or transcribe evidence and proceedings in writing or by a device authorized under section 27 of The Manitoba Evidence Act , the judge or justice shall record the reasons for the disposition on the information or ticket, or on a page that shall then be attached to the information or ticket, and signed by the judge or justice. S.M. 1985-86, c. 13, s. 4 ; S.M. 1989-90, c. 56, s. 34 ; S.M. 2004, c. 30, s. 29 ; S.M. 2013, c. 47, Sch. A, s. 127 ; S.M. 2018, c. 10, Sch. B, s. 87 . EVIDENCE FROM MACHINES Speed determined by speed-timing device 255(1) In a prosecution for an offence under this Act where the speed of a motor vehicle is at issue, evidence of a peace officer — whether provided by oral testimony or by a certificate — stating (a) that the officer determined the speed of the motor vehicle by means of an approved speed-timing device operated by the officer; (b) that the officer conducted the test or tests required by the regulations on the speed-timing device, and the date and time they were conducted; (c) that as a result of the test or tests conducted, the officer ascertained the speed-timing device to be in proper working order; and (d) the speed of the vehicle determined by the officer; is admissible in evidence and is conclusive proof of those facts, in the absence of evidence tending to show that the speed-timing device was malfunctioning or was operated improperly. Limit on admissibility 255(2) The evidence described in subsection (1) is admissible only if the test or tests conducted on the speed-timing device by the peace officer were conducted within the period of time before and after the alleged offence as set out in the regulations. No need to prove authorization or signature 255(3) There is no need to prove the authorization or signature of the peace officer who signed the certificate. Limited right to require officer to attend 255(4) The defendant is not entitled to require the peace officer who signed the certificate to attend to give evidence, unless the justice is satisfied that the officer's attendance is necessary for the matter to be decided fairly. Decision as to attendance 255(5) In deciding whether to require the peace officer to attend, the justice is entitled to ask the defendant about the nature of the proposed evidence and must decide whether there is a reasonable and legitimate basis for requiring the officer to attend. Onus 255(6) In a hearing where a certificate is admitted in evidence, the onus remains on the prosecution to prove its case beyond a reasonable doubt. Notice 255(7) In a hearing where a certificate is to be filed in evidence, the defendant is entitled to reasonable notice of the evidence, and a justice may adjourn the hearing if that is necessary for the matter to be decided fairly. Regulations 255(8) The Minister of Justice may, by regulation, (a) approve speed-timing devices for the purpose of this section; (b) specify the test or tests for ascertaining that a speed-timing device is in proper working order and when testing must be conducted; (c) prescribe a form of certificate for the purpose of this section. Definition of "speed-timing device" 255(9) In this section, "speed-timing device" does not include a speedometer or an image capturing enforcement system. S.M. 1989-90, c. 55, s. 10 ; S.M. 1993, c. 48, s. 68 ; S.M. 2002, c. 1, s. 6 ; S.M. 2005, c. 37, Sch. B, s. 50 ; S.M. 2013, c. 47, Sch. A, s. 127 . Evidence of particulars of registration 255.1 A book or card, or other record or document, purporting to be issued by the registrar or caused to be prepared by, or at the request of, or under the authority of, the registrar, (a) on which there is printed a notice stating that the book, card, record, or document is issued by or under the authority of the registrar; and (b) containing all or some of the particulars furnished to the registrar on registration with him of one or more motor vehicles or trailers; is admissible in evidence as prima facie proof of the details and particulars set forth therein respecting any motor vehicle or trailer therein designated or described and of the registration thereof. S.M. 2013, c. 47, Sch. A, s. 127 . Photographic copies 256 In any proceeding under this Act a print from a photographic film or electronic medium of any record or document certified by the registrar to be a true copy of the original is admissible in evidence in all cases, and for all purposes, in or for which the original of the record or document would have been admissible. S.M. 1989-90, c. 55, s. 11 . Certificate as to timing lines on highway 257 The Minister of Justice may appoint one or more engineers employed by the government under the member of the Executive Council responsible for the construction and maintenance of provincial highways, for the purpose of certifying the accuracy of lines painted on the surface of a roadway for the purpose of determining the speed of motor vehicles by means of aircraft; and, a certificate issued certifying as to the accuracy of such lines and issued by a person so appointed is admissible as prima facie proof of the accuracy of those lines without proof of his signature or appointment. S.M. 1993, c. 48, s. 68 . Use of image capturing enforcement systems 257.1(1) Municipalities, and peace officers acting on behalf of municipalities or the government, may use image capturing enforcement systems only if they are authorized to do so by the regulations and only (a) for enforcing subsections 88(7) and (9) (red light offences), subsection 95(1) (speeding offences), clauses 134(2)⁠(b) and (c) (railway crossing offences) and subclauses 134(6)⁠(a)⁠(i) and (b)⁠(i) (railway crossing offences); and (b) in accordance with any conditions, limitations or restrictions in the regulations about the use of such systems. Limitations re speed limit enforcement 257.1(2) Without limiting the generality of subsection (1), when municipalities and peace officers acting on behalf of municipalities or the government use image capturing enforcement systems for speed limit enforcement, they may only use them to detect speed limit violations that occur (a) in construction zones, playground zones and school zones; and (b) at intersections that are controlled by traffic control lights. Municipalities' use of surplus fine revenue 257.1(3) If a municipality's fine revenue from convictions based on evidence from image capturing enforcement systems exceeds its costs of acquiring and using the systems, the municipality must use the surplus revenue for safety or policing purposes. Province's use of surplus fine revenue 257.1(4) If the government's fine revenue from convictions based on evidence from image capturing enforcement systems exceeds its costs of acquiring and using the systems, the government must use the surplus revenue for safety or policing purposes in the part of the province in which the offence was committed. S.M. 2002, c. 1, s. 7 ; S.M. 2004, c. 30, s. 30 ; S.M. 2013, c. 47, Sch. A, s. 127 . Image capturing enforcement system evidence 257.2(1) In a proceeding commenced under The Provincial Offences Act (other than a proceeding commenced by an information) for an offence referred to in clause 257.1(1)⁠(a), if a reproduction on paper of an image obtained through the use of an image capturing enforcement system (a) shows the vehicle and the number plate displayed on the vehicle; and (b) displays, or has appended to it, the information prescribed by regulation in relation to the offence; the reproduction and the information appended to it are admissible in evidence. Use of reproduction, etc. at hearing 257.2(2) The evidence referred to in subsection (1) is conclusive proof of the information shown or displayed on the reproduction or appended to it, in the absence of evidence tending to show that the image capturing enforcement system from which the reproduction was obtained was malfunctioning or was operated improperly. Limit on use of reproduction, etc. at hearing 257.2(3) Subsection (2) applies only if (a) the image capturing enforcement system was tested as required by the regulations; and (b) the testing was conducted within the period of time before or after the alleged offence, as set out in the regulations. S.M. 2002, c. 1, s. 7 ; S.M. 2013, c. 47, Sch. A, s. 127 ; S.M. 2019, c. 5, s. 15 . Appointment of tester 257.3(1) The minister may appoint persons by name, title or office as testers to test image capturing enforcement systems or types of systems. Tester's certificate re image capturing system 257.3(2) In order to prove the requirements set out in subsection 257.2(3), a copy of a certificate completed and signed by a tester appointed by the minister, stating (a) that the image capturing enforcement system was tested in accordance with the regulations; (b) the date and time of the testing; and (c) that as a result of the testing conducted, the tester ascertained the system to be in proper working order; is admissible in evidence and is conclusive proof of the facts stated in the certificate in the absence of evidence to the contrary. No need to prove tester's signature or appointment 257.3(3) There is no need to prove the signature or appointment of a tester who signs a certificate under this section. Limited right to require tester to attend 257.3(4) The defendant is not entitled to require a tester who signed a certificate to attend to give evidence, unless the justice is satisfied that the tester's attendance is necessary for the matter to be decided fairly. Decision as to attendance 257.3(5) In deciding whether to require a tester to attend, the justice is entitled to ask the defendant about the nature of the proposed evidence and must decide whether there is a reasonable and legitimate basis for requiring the tester to attend. Onus 257.3(6) In a hearing where a certificate is admitted in evidence, the onus remains on the prosecution to prove its case beyond a reasonable doubt. Notice 257.3(7) In a hearing where a certificate is to be filed in evidence, the defendant is entitled to reasonable notice of the evidence, and a justice may adjourn the hearing if that is necessary for the matter to be decided fairly. S.M. 2002, c. 1, s. 7 ; S.M. 2013, c. 47, Sch. A, s. 127 . Regulations 257.4 The Minister of Justice may make regulations (a) for the purpose of sections 257.2 and 257.3, specifying a test or tests for ascertaining that an image capturing enforcement system is in proper working order and when testing must be conducted; (b) prescribing a form of certificate for the purpose of subsection 257.3(2). S.M. 2002, c. 1, s. 7 ; S.M. 2013, c. 47, Sch. A, s. 127 . Impoundment or surrender of licences 258(1) When a driver's licence or permit is required or authorized to be impounded, surrendered or delivered to a person under this or any other Act, whether as the result of a conviction or not, the person who is to impound it or to whom it is to be surrendered or delivered shall impound or take possession of it and send it to the registrar. 258(2) [Repealed] S.M. 2008, c. 36, s. 39 . Suspension of licence or permit not surrendered 258(3) If a person who is required under this or any other Act to surrender or deliver a licence or permit does not do so, the licence or permit is nevertheless suspended. S.M. 1987-88, c. 23, s. 16 ; S.M. 1989-90, c. 55, s. 12 ; S.M. 1998, c. 41, s. 30 ; S.M. 2008, c. 36, s. 39 . REPORTS OF CONVICTIONS AND JUDGMENTS Certificate of conviction or order sent to registrar 259(1) Every judge or justice, with respect to (a) each conviction made by him or her for an offence mentioned in section 264; and (b) each order made by the judge or justice cancelling or suspending a licence or the registration of a motor vehicle, or disqualifying any person from holding a licence, or prohibiting any person from driving a motor vehicle; shall forthwith send to the registrar a certificate, transcript, or certified copy of the conviction or order. Certificate of orders sent to registrar 259(2) Every registrar, deputy registrar or clerk of a court, with respect to (a) each order, judgment, or conviction for an offence mentioned in section 264; (b) each order or judgment of the court cancelling or suspending a licence or the registration of a motor vehicle, or disqualifying any person from holding a licence or prohibiting any person from driving a motor vehicle; or (c) each order or judgment of the court in an action for damages resulting from bodily injury to, or the death of, any person or from damage to property exceeding $100.00 occasioned by, or arising out of, the ownership, maintenance, operation, or use, of a motor vehicle; (d) [repealed] S.M. 2018, c. 10, Sch. B, s. 88 ; shall forthwith send to the registrar a certificate, transcript or certified copy, of the order or judgment. Fee for certificate 259(3) A judge, justice, Registrar, deputy registrar, clerk or other officer, charged with a duty under subsection (1) or (2) is entitled to collect and receive the prescribed fee for each certificate, transcript, or copy, forwarded to the registrar as in those subsections required; and the fee shall be paid as part of the costs, in the case of a conviction, by the person convicted, and in the case of an order or judgment, by the person for whose benefit the order or judgment is made. Certificate as evidence 259(4) A certificate, transcript or copy, sent to the registrar pursuant to subsection (1) or (2), is admissible in evidence as prima facie proof of the conviction, order, judgment, appeal, or proceedings, to which reference is made therein. Certificates respecting non-residents 259(5) Where a person convicted, or against whom an order is made, as mentioned in subsection (1) or (2), is not resident in the province but resides in another part of Canada or in a state or territory, or the District of Columbia, in the United States, the registrar shall forthwith send to the proper officer in charge of the registration of motor vehicles and the licensing of drivers in that part of Canada or in that state, territory, or district, a certificate, transcript, or certified copy, of the conviction, order, or judgment. Notice to other jurisdictions of suspensions, etc., in Manitoba 259(6) Where under this Act, a person who is not a resident of the provinces loses, by suspension or cancellation, the privilege of driving a motor vehicle in the province, or of using or having in the province a motor vehicle registered in any province, territory, state, or country in his name, if the person resides in another part of Canada or in a state, territory, or the District of Columbia, in the United States, the registrar, if he has notice in writing of the suspension or cancellation, shall forthwith send to the proper officer in charge of the registration of motor vehicles and the licensing of drivers in that province or other part of Canada or in that state, territory, or district, a notice of the cancellation or suspension containing a brief statement of the reasons therefor. S.M. 1986-87, c. 14, s. 27 and 28; S.M. 1998, c. 41, s. 30 ; S.M. 2018, c. 10, Sch. B, s. 88 . NOTICE OF ALTERNATIVE MEASURES Notice re alternative measures for impairment offences 259.1(1) The Attorney General, or a person designated by the Attorney General for this purpose, must provide written notice to the registrar of the following persons, if any, who are dealt with by alternative measures: (a) a person alleged to have committed an offence under subsection 320.14(1) of the Criminal Code (operation while impaired); (b) a person alleged to have committed an offence under subsection 320.15(1) of the Criminal Code (failure or refusal to comply with demand). Form and content of notice 259.1(2) The written notice must be in the form required by the registrar and set out (a) the name, address and date of birth of the person alleged to have committed the offence; (b) a statement as to whether the person holds a valid driver's licence or out-of-province driving permit and, if so, the number of the licence or permit, its expiration date and, in the case of an out-of-province driving permit, the name of the jurisdiction that issued the permit; (c) if applicable, the number plate of the vehicle used to commit the alleged offence and the name of the jurisdiction that issued the number plate; (d) the nature of the alleged offence and the specific provision of the Criminal Code the person is alleged to have contravened; (e) the date and approximate time of the alleged offence; and (f) the nature of the alternative measures. S.M. 2022, c. 21, s. 3 . 260 [Repealed] S.M. 2005, c. 37, Sch. B, s. 51 . CONVICTIONS CERTIFIED TO REGISTRAR Certificate of conviction to registrar 261(1) A judge or justice who convicts any person (a) of an offence under this Act or under any other Act of the Legislature or of the Parliament of Canada committed in the operation of a motor vehicle; or (b) of an offence under a municipal by-law passed pursuant to this Act, committed in the operation of a moving motor vehicle; shall forthwith certify the conviction or judgment to the registrar in such form as the registrar may require, setting out the name, address, and description, of the person convicted or so adjudged, the nature and number of his licence, if any, the registration number of the motor vehicle with which the offence or violation was committed, the name of the Act or by-law, and the number of the section thereof, contravened, and the time the offence was committed. Subsection (1) not to apply to certain offences 261(1.1) Subsection (1) does not apply to an offence under subsection 88(7) or (9) (red light offences), subsection 95(1) (speeding offences) or clause 134(2)⁠(b) or (c) (railway crossing offences) if the evidence of the offence was obtained by an image capturing enforcement system. 261(2) [Repealed] S.M. 2005, c. 37, Sch. B, s. 51 . Fee for certificate added 261(3) The judge or justice is entitled to add to the costs of conviction the amount of the prescribed fee for his costs of the certificate. Certificate as evidence 261(4) A copy of the certificate, certified by the registrar, is admissible in evidence as prima facie proof of the conviction, and may be given in evidence without proof of the signature of the person certifying or of the convicting judge or justice or of his appointment to office. S.M. 2002, c. 1, s. 8 ; S.M. 2005, c. 37, Sch. B, s. 51 ; S.M. 2018, c. 10, Sch. B, s. 89 . Payment of storage charges where conviction quashed 262 Where a conviction to which section 225 refers is quashed or set aside and the vehicle seized, impounded, or taken is, on an order of the court, delivered to the person convicted, the reasonable costs and charges for the care or storage thereof until the date of the order are chargeable to the Minister of Finance and shall be paid by him from the Consolidated Fund to the person providing the care or storage or, if they have been paid by or on behalf of the person convicted, to the person who paid them. LICENCE SUSPENSION OR DISQUALIFICATION 263 [Repealed] S.M. 1986-87, c. 14, s. 29 ; S.M. 1989-90, c. 56, s. 35 ; S.M. 1994, c. 25, s. 4 ; S.M. 2001, c. 19, s. 28 ; S.M. 2005, c. 37, Sch. B, s. 51 . Definitions 263.1(1) The following definitions apply in this section and in section 263.2. "evaluation" means an evaluation within the meaning of section 320.28 of the Criminal Code consisting of the tests and following the procedures prescribed in the regulations made under section 320.38 of that Code. (« évaluation ») "physical coordination test" has the same meaning as in section 320.27 of the Criminal Code . (« épreuve de coordination des mouvements ») "prescribed amount" , in respect of a drug or a combination of drugs or alcohol and drugs, means the amount prescribed for that drug or combination of drugs in the regulations made under section 320.38 of the Criminal Code . (« concentration réglementaire ») Application of Criminal Code provisions 263.1(1.1) The following terms have the same meaning in this section and section 263.2 as they have in section 320.11 of the Criminal Code : (a) "approved drug screening equipment"; (b) and (c) [repealed] S.M. 2019, c. 6, s. 4 ; (d) "conveyance"; (e) "evaluating officer"; (f) "operate". Grounds for suspension 263.1(2) A peace officer must take action under subsection (3) if (a) based on an analysis of the blood of a person who was operating a conveyance, or an analysis of the breath of the person by means of an approved instrument, the peace officer reasonably believes that the concentration of alcohol in the person's blood equals or exceeds 80 mg of alcohol in 100 mL of blood; (b) based on an analysis of the blood of a person who was operating a conveyance, the peace officer reasonably believes that the concentration of drugs in the person's blood equals or exceeds the prescribed amount for the purpose of paragraph 320.14(1)⁠(c) of the Criminal Code ; (c) based on an analysis of the blood of a person who was operating a conveyance, the peace officer reasonably believes that the concentration of alcohol and drugs in the person's blood equals or exceeds the prescribed amount for the purpose of paragraph 320.14(1)⁠(d) of the Criminal Code ; (d) a person who was operating a conveyance failed or refused to comply, without a reasonable excuse, with a demand made under section 320.27 or 320.28 of the Criminal Code , or with the peace officer's instructions in respect of the demand; (e) after a demand from the peace officer to perform a physical coordination test under paragraph 320.27(1)⁠(a) of the Criminal Code , the peace officer believes that a person is unable to safely operate a conveyance based on the person's performance on the physical coordination test; (f) after a demand from the peace officer under subsection 320.27(1) or (2) of the Criminal Code , a person provides a sample of breath which, on analysis by means of a calibrated screening device, registers a WARN; (f.1) after a demand from the peace officer under subsection 320.27(1) or (2) of the Criminal Code , (i) a person provides a sample of breath which, on analysis by a calibrated screening device, registers a FAIL, and (ii) the peace officer does not make a demand of the person under section 320.28 of the Criminal Code following the FAIL; (f.2) based on an analysis of the blood of a person who was operating a conveyance, or an analysis of the breath of the person by means of an approved instrument, the peace officer (i) reasonably believes that the concentration of alcohol in the person's blood equals or exceeds 50 mg of alcohol in 100 mL of blood but is less than 80 mg of alcohol in 100 mL of blood, and (ii) does not reasonably believe that the concentration of alcohol and drugs in the person's blood equals or exceeds the prescribed amount for the purpose of paragraph 320.14(1)⁠(d) of the Criminal Code ; (g) after a demand from the peace officer under paragraph 320.27(1)⁠(c) or 320.28(4)⁠(a) of the Criminal Code , (i) a person provides a sample of a bodily substance, (ii) the bodily substance is analyzed by means of approved drug screening equipment, and (iii) the approved drug screening equipment detects the presence of a drug at a level specified to be detected by the equipment in the regulations under the Criminal Code ; (h) after a demand to submit to an evaluation under paragraph 320.28(2)⁠(a) of the Criminal Code , the following criteria are met: (i) the peace officer who takes the action under subsection (3) is the peace officer who either made the demand or conducted the evaluation, and (ii) based on a person's performance on the evaluation, the peace officer believes that the person is unable to safely operate a conveyance; (i) after a demand from the peace officer under subsection 320.27(1) or (2) of the Criminal Code , a person who is subject to an alcohol prohibition under section 264.1 provides a sample of breath which, on analysis by means of a calibrated screening device, registers a result that indicates the presence of alcohol in the person's blood; or (j) based on an analysis of the blood of a person who is subject to an alcohol prohibition under section 264.1 and who was operating a conveyance, or an analysis of the breath of the person by means of an approved instrument, the peace officer reasonably believes that (i) the person has alcohol in their blood, and (ii) the concentration of alcohol in the person's blood is less than 50 mg of alcohol in 100 mL of blood. Suspension and disqualification by order 263.1(3) In the circumstances described in subsection (2), the peace officer shall, on the registrar's behalf, take whichever of the following actions applies to the person: (a) if the person holds a valid driver's licence issued under The Drivers and Vehicles Act or this Act, the peace officer shall (i) take possession of it, and (ii) by serving a suspension and disqualification order on the person, suspend the driver's licence and disqualify the person from driving a motor vehicle in Manitoba for the period determined under subsection (7); (b) if the person holds a valid out-of-province driving permit, the peace officer shall, by serving a suspension and disqualification order on him or her, disqualify him or her from holding a driver's licence or driving a motor vehicle in Manitoba for the period determined under subsection (7); (c) if the person does not hold a valid driver's licence or out-of-province driving permit, the peace officer shall, by serving a suspension and disqualification order on him or her, disqualify him or her from holding a driver's licence or driving a motor vehicle in Manitoba for the period determined under subsection (7). Documents to be sent to registrar 263.1(4) A peace officer who serves a suspension and disqualification order under subsection (3) shall without delay send to the registrar (a) the person's driver's licence, if the peace officer has taken possession of it; (b) a copy of the completed order; (c) a report sworn or solemnly affirmed by the peace officer; and (d) a copy of any certificate of analysis under section 320.32 of the Criminal Code with respect to the person. Use of required forms 263.1(5) A suspension and disqualification order and peace officer's report under this section shall be in the form, contain the information and be completed in the manner required by the registrar. Duty to surrender driver's licence 263.1(6) Upon being served with a suspension and disqualification order, the person must without delay surrender his or her driver's licence to the peace officer, but the driver's licence is suspended whether or not the person surrenders it. Effective date and period of suspension 263.1(7) A suspension and disqualification order takes effect immediately upon being served and, subject to subsection (8), the suspension and disqualification period is the period determined in accordance with the following rules: 1. If the suspension and disqualification order is served based on a ground set out in any of clauses (2)⁠(a) to (d) or clause (2)⁠(f.1), the suspension and disqualification period is three months beginning on the day on which the order is served. 2. If the suspension and disqualification order is served based on a ground set out in clause 2(e), (f), (f.2), (g), (h), (i) or (j) and (a) it is the first order that has been served on the person under this section within the 10-year period ending when the order is served, the suspension and disqualification period is 72 hours beginning at the effective time set out in the order, unless rule 3 applies; (b) it is the second order that has been served on the person under this section within the 10-year period ending when the order is served, the suspension and disqualification period is 15 days beginning on the day on which the order is served; (c) it is the third order that has been served on the person under this section within the 10-year period ending when the order is served, the suspension and disqualification period is 30 days beginning on the day on which the order is served; (d) it is the fourth order or more that has been served on the person under this section within the 10-year period ending when the order is served, the suspension and disqualification period is 60 days beginning on the day on which the order is served. 3. If a person under the age of 16 years is a passenger in or on the conveyance operated by the person named in the suspension and disqualification order, the suspension and disqualification period set out in clause (a) of rule 2 is increased to seven days beginning on the day on which the order is served. Suspension period when number of previous orders unclear 263.1(8) If, at the time the peace officer prepares a suspension and disqualification order based on a ground set out in clause 2(e), (f), (f.2), (g), (h), (i) or (j), the peace officer believes that he or she lacks the necessary information to reliably determine how many previous orders have been served, (a) the suspension and disqualification period is as set out in rule 2 of subsection (7), taking into account the number of suspension and disqualification orders served in fact on the person during the relevant 10-year period; (b) the suspension and disqualification order shall state (i) that the suspension period (A) is not less than 72 hours beginning at the effective time set out in the order or, if rule 3 of subsection (7) applies, is not less than seven days beginning on the day that the order is served, and (B) is 15, 30 or 60 days respectively beginning on the day that the order is served if it is the second order, third order, or fourth order or more served on the recipient within the 10-year period ending when the order is served, and (ii) that, as soon as practicable, the registrar will by letter confirm whether the suspension and disqualification period is the applicable period referred to in paragraph (i)⁠(A) or is 15, 30 or 60 days; and (c) the peace officer shall notify the registrar, in the manner that the registrar requires, that the peace officer believes that he or she lacked the necessary information to reliably determine how many previous suspension and disqualification orders were served in the relevant 10-year period.

Confirmation of suspension period by registrar 263.1(9) In a case referred to in subsection (8), the registrar shall, without delay upon receiving the copy of the suspension and disqualification order, (a) determine the number of orders served on the person during the relevant 10-year period; and (b) send the person a letter confirming the length of the suspension period and stating the facts upon which the determination under clause (a) is based. Service of registrar's letter 263.1(10) The registrar's letter must be given to the person (a) by personal service; (b) by registered mail sent to the person's address as shown in the suspension and disqualification order; (c) by e-mail sent to the e-mail address provided by the person to the registrar for the delivery of notices under this Act; or (d) in accordance with a method specified by regulation. Request for second analysis with calibrated screening device 263.1(11) Despite subsection (2), before serving a person with a suspension and disqualification order based on an analysis with a calibrated screening device, the peace officer must advise the person that they may request the peace officer to conduct an analysis of a sample of the person's breath with another calibrated screening device. Such a request must be made promptly. Request for second analysis — approved drug screening equipment 263.1(11.1) When a peace officer serves a person with a suspension and disqualification order based on an approved drug screening equipment analysis referred to in clause (2)⁠(g), the person may request the peace officer to conduct a second analysis with the same equipment. Such a request must be made promptly. Lower result of two calibrated screening device analyses governs 263.1(12) If a person makes a request under subsection (11) for a second analysis with another calibrated screening device, (a) the peace officer must arrange for the analysis to be performed; and (b) any action taken by the peace officer under subsection (3) must be based on the lower result of the two analyses. Second approved drug screening equipment analysis governs 263.1(12.1) If a person makes a request under subsection (11.1) for a second analysis with the same approved drug screening equipment, (a) the peace officer must arrange for the analysis to be performed; and (b) the suspension and disqualification order is continued or overturned based on the results of the analysis. Calibration of approved screening device 263.1(13) The calibration requirements for an approved screening device are as follows: (a) for the purposes of clauses (2)⁠(f) and 242.1(1.1)⁠(f), the device must be calibrated so as not to register a WARN unless the concentration of alcohol in the blood of a person whose breath is being analyzed by means of the device is at least 50 mg in 100 mL of blood; (b) for the purposes of clauses (2)⁠(f.1) and 242.1(1.1)⁠(g), the device must be calibrated so as not to register a FAIL unless the concentration of alcohol in the blood of a person whose breath is being analyzed by means of the device is at least 80 mg in 100 mL of blood; (c) for the purpose of clauses (2)⁠(i) and 242.1(1.1)⁠(i), the device must be calibrated so as not to register a result that indicates the presence of alcohol in the blood of a person whose breath is being analyzed by means of the device unless the person has alcohol in their blood. Presumption respecting calibration 263.1(14) It shall be presumed, in the absence of proof to the contrary, that an approved screening device used for the purposes of this section or section 242.1 has been calibrated as required under subsection (13). Return of licence 263.1(15) When a suspension and disqualification under this section ends, a driver's licence surrendered under this section shall be returned without delay to the licence holder except when he or she is otherwise not eligible to hold a driver's licence. Reinstatement charges 263.1(16) A person whose driver's licence is suspended under this section or who is disqualified under this section from driving a motor vehicle in Manitoba shall pay the reinstatement charge specified in relation to this section in the regulations made under section 331. Removal of vehicle 263.1(17) A peace officer may remove and store the motor vehicle of any person whose driver's licence is suspended or who is disqualified from driving under this section and any trailer or other towed equipment attached to the vehicle, or may cause the motor vehicle and any trailer or other towed equipment attached to it to be removed or stored, if the motor vehicle 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 remove it. Costs of removal and storage 263.1(18) The costs and charges incurred in removing and storing a motor vehicle and any trailer or other towed equipment under subsection (17) are a lien on the motor vehicle and trailer or other towed equipment that may be enforced under The Garage Keepers Act by the person who moved or stored the motor vehicle and trailer or other towed equipment at the request of the peace officer. S.M. 1989-90, c. 4, s. 9 ; S.M. 1989-90, c. 7, s. 11 to 13; S.M. 1999, c. 12, s. 8 ; S.M. 2001, c. 19, s. 29 ; S.M. 2004, c. 11, s. 9 ; S.M. 2005, c. 37, Sch. B, s. 52 ; S.M. 2010, c. 52, s. 4 ; S.M. 2014, c. 23, s. 4 ; S.M. 2015, c. 39, s. 7 ; S.M. 2018, c. 19, s. 2 and 8; S.M. 2018, c. 29, s. 17 ; S.M. 2018, c. 36, s. 3 ; S.M. 2019, c. 6, s. 4 ; S.M. 2021, c. 5, s. 13 ; S.M. 2025, c. 5, s. 4 . Administrative penalty for suspended drivers 263.1.1(1) A person is liable to pay an administrative penalty in the amount prescribed in the regulations if a peace officer serves the person with a suspension and disqualification order based on (a) the ground set out in clause 263.1(2)⁠(d) (refusal to comply with demand) if (i) the refusal relates to a demand under subsection 320.27(1) or (2) of the Criminal Code to provide a sample of breath for analysis by means of an approved screening device, and (ii) the person is not charged under section 320.15 of the Criminal Code in respect of the refusal; or (b) a ground set out in any of the following provisions: (i) clause 263.1(2)⁠(f) (calibrated screening device registering a WARN), (ii) clause 263.1(2)⁠(f.1) (calibrated screening device registering a FAIL), (iii) clause 263.1(2)⁠(f.2) (BAC equal to or over .05 but under .08), (iv) clause 263.1(2)⁠(i) (calibrated screening device indicating presence of alcohol), (v) clause 263.1(2)⁠(j) (alcohol present in blood but BAC under .05). Penalty in addition to other sanctions 263.1.1(2) The administrative penalty is in addition to any other applicable sanctions or consequences under sections 242.1, 263.1 and 279.1 and any other fine or penalty that may be imposed under this or any other Act. Penalty debt to government 263.1.1(3) The administrative penalty is a debt due to the government and must be paid no later than (a) 30 days after the date the suspension and disqualification order is served on the person; or (b) if the person liable to pay the penalty applies for a review of the suspension and disqualification order under section 263.2 before the time the penalty must be paid under clause (a), 30 days after the decision is made on the review. For certainty, a person remains liable to pay the penalty if the person applies for a review within one year after the order was served, as allowed under section 263.2, but not within the 30-day period set out in clause (a). No penalty if suspension and disqualification order revoked 263.1.1(4) If the suspension and disqualification order that gave rise to the administrative penalty is revoked by the registrar under section 263.2, (a) despite subsection (1), the person is not liable to pay the penalty; and (b) if the person paid the penalty, it must be refunded to the person. Collection and enforcement 263.1.1(5) An unpaid administrative penalty owing under this section may be collected and enforced in the same manner as an unpaid fine under Part 9 of The Provincial Offences Act . Designation of administrator 263.1.1(6) The Lieutenant Governor in Council may, by regulation, designate a person as an administrator responsible for collecting, on behalf of the government, administrative penalties owing under this section and remitting the collected amounts to the government. For that purpose, the administrator has the powers of an authority under Part 9 of The Provincial Offences Act . Regulations 263.1.1(7) The Lieutenant Governor in Council may make regulations prescribing the amount or amounts payable as an administrative penalty under this section, which must not exceed $1,000 and which may be different for the different grounds on which the suspension and disqualification order giving rise to the penalty may be based. S.M. 2019, c. 6, s. 5 ; S.M. 2025, c. 5, s. 5 . Review of suspension and disqualification 263.2(1) Within one year after being served with a suspension and disqualification order under section 263.1, a person may apply for review of the order by (a) filing an application for review with the registrar; (b) paying the prescribed fee, and where an oral hearing is requested, the prescribed oral hearing fee; and (c) obtaining a date and time for a hearing; (d) [repealed] S.M. 2025, c. 32, s. 12 . Application forms 263.2(2) The application for review shall be in the form, contain the information and be completed in the manner required by the registrar. Written evidence 263.2(3) The application for review may be accompanied by sworn statements or other evidence which the person wishes the registrar to consider. Application not to stay suspension 263.2(4) An application does not stay the suspension of or disqualification from holding a licence or permit, or the disqualification from driving a motor vehicle. Hearing not required 263.2(5) The registrar is not required to hold an oral hearing unless the applicant requests an oral hearing at the time of filing the application and pays the prescribed fees. Considerations of registrar 263.2(6) In a review under this section, the registrar shall consider (a) any relevant sworn or solemnly affirmed statements and any other relevant information; (b) the report of the peace officer; (c) a copy of any certificate of analysis under section 320.32 of the Criminal Code without proof of the identity and official character of the person appearing to have signed the certificate or that the copy is a true copy; and (d) where an oral hearing is held, in addition to matters referred to in clauses (a), (b) and (c), any relevant evidence and information given or representations made at the hearing. Issues before registrar on a review 263.2(7) The issues before the registrar in a review under this section are the following: (a) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)⁠(a), whether the person operated a conveyance having consumed alcohol in such a quantity that the concentration of alcohol in the person's blood equalled or exceeded 80 mg of alcohol in 100 mL of blood; (b) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)⁠(b), whether the person operated a conveyance having consumed drugs in such a quantity that the concentration of drugs in the person's blood equalled or exceeded the prescribed amount for the purpose of paragraph 320.14(1)⁠(c) of the Criminal Code ; (c) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)⁠(c), whether the person operated a conveyance having consumed alcohol and drugs in such a quantity that the concentration of alcohol and drugs in the person's blood equalled or exceeded the prescribed amount for the purpose of paragraph 320.14(1)⁠(d) of the Criminal Code ; (d) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)⁠(d), whether the person who was operating the conveyance failed or refused to comply, without reasonable excuse, with a demand made under section 320.27 or 320.28 of the Criminal Code , or with the peace officer's instructions in respect of the demand; (e) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)⁠(e), whether the peace officer who made the demand to perform a physical coordination test under paragraph 320.27(1)⁠(a) of the Criminal Code had reason to believe, based on the person's performance on the physical coordination test, that the person was unable to safely operate a conveyance; (f) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)⁠(f), (i) whether the person operated a conveyance having consumed alcohol in such a quantity that the concentration of alcohol in the person's blood equalled or exceeded 50 mg of alcohol in 100 mL of blood, and (ii) whether the person was advised of their right to request a second analysis under subsection 263.1(11), whether the person made the request, and, if so, whether the order was based on the lower result of the two analyses; (f.1) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)⁠(f.1), (i) whether the person operated a conveyance having consumed alcohol in such a quantity that the concentration of alcohol in the person's blood equalled or exceeded 80 mg of alcohol in 100 mL of blood, (ii) whether the person was advised of their right to request a second analysis under subsection 263.1(11), whether the person made the request, and, if so, whether the order was based on the lower result of the two analyses, and (iii) whether the peace officer made a demand of the person under section 320.28 of the Criminal Code following the FAIL; (f.2) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)⁠(f.2), whether the person operated a conveyance having consumed alcohol in such a quantity that the concentration of alcohol in the person's blood equalled or exceeded 50 mg of alcohol in 100 mL of blood; (g) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)⁠(g), whether (i) the person operated a conveyance, and (ii) approved drug screening equipment used to analyze a sample of a bodily substance of the person detected the presence of a drug at a level specified to be detected by the equipment in the regulations under the Criminal Code ; (h) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)⁠(h), whether the peace officer who made the demand to submit to an evaluation under paragraph 320.28(2)⁠(a) of the Criminal Code , or who conducted an evaluation following such a demand, had reason to believe, based on the person's performance on the evaluation, that the person was unable to safely operate a conveyance; (i) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)⁠(i), (i) whether the person operated a conveyance having consumed alcohol in such a quantity that alcohol was present in the person's blood, and (ii) whether the person was advised of their right to request a second analysis under subsection 263.1(11), whether the person made the request, and, if so, whether the order was based on the lower result of the two analyses; (j) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)⁠(j), whether the person operated a conveyance having consumed alcohol in such a quantity that alcohol was present in the person's blood; (k) whether the suspension and disqualification order served on the person was the first, second, third, fourth or more served on the person during the relevant 10-year period. Additional issue — age of passenger 263.2(7.1) In a case in which the suspension and disqualification period was increased under rule 3 of subsection 263.1(7), the additional issue of whether a person under the age of 16 years was a passenger in or on the conveyance is before the registrar in a review under this section. 263.2(7.2) [Repealed] S.M. 2021, c. 28, s. 7 . Time of hearing 263.2(8) The registrar shall (a) where no oral hearing is requested, consider the application within 10 days of compliance with clauses 263.2(1)⁠(a) and (b); and (b) where an oral hearing is requested, hold the hearing within 20 days of compliance with subsection 263.2(1); but failure of the registrar to consider the application or hold the hearing within the required time does not affect the jurisdiction of the registrar to consider or hear the application or to make a decision with respect to it. Registrar's decision 263.2(9) After conducting a review under this section, the registrar must (a) confirm the order if the evidence before the registrar supports, on a balance of probabilities, the required conditions for the issuance of a suspension and disqualification order and the length of the suspension or disqualification; (b) vary the suspension and disqualification period if the evidence before the registrar supports, on a balance of probabilities, the required conditions for the issuance of a suspension and disqualification order but not the length of the suspension or disqualification; or (c) in any other case, (i) revoke the suspension and disqualification order, (ii) return the person's driver's licence, if it was surrendered to the registrar, and (iii) direct that the fees paid for the application to review the suspension or disqualification be refunded. 263.2(9.1) to (10) [Repealed] S.M. 2018, c. 19, s. 8 . Failure of appellant to appear 263.2(11) Where the appellant who requests an oral hearing fails to appear without prior notice to the registrar, the right to a hearing is deemed to have been waived by the appellant. Registrar's decision 263.2(12) The registrar must make a decision within seven days of considering the application or holding the hearing. The decision must be in writing. Copy of decision 263.2(13) The registrar must promptly give written notice of the decision to the person (a) by ordinary mail sent to the person's last known address as shown in the records maintained by the registrar and to the address shown in the application, if different from the address of record; (b) by e-mail sent to the e-mail address provided by the person to the registrar for the delivery of notices under this Act; or (c) in accordance with a method specified by regulation. S.M. 1989-90, c. 4, s. 9 ; S.M. 1989-90, c. 7, s. 14 to 16; S.M. 1999, c. 12, s. 9 ; S.M. 2004, c. 11, s. 10 ; S.M. 2010, c. 52, s. 5 ; S.M. 2014, c. 23, s. 5 ; S.M. 2015, c. 39, s. 8 ; S.M. 2018, c. 19, s. 2 and 8; S.M. 2018, c. 29, s. 17 ; S.M. 2018, c. 36, s. 4 ; S.M. 2019, c. 6, s. 6 ; S.M. 2021, c. 28, s. 7 ; S.M. 2025, c. 5, s. 6 ; S.M. 2025, c. 32, s. 12 . Definitions relating to automatic suspensions 264(1) In this section and in section 264.1, "Category A offence" means (a) an offence committed by means of, or in relation to, a conveyance under any of the following provisions of the Criminal Code : (i) paragraph 320.14(1)⁠(a) (operation while impaired), (ii) paragraph 320.14(1)⁠(b) (operation while impaired — blood alcohol concentration equal to or over .08), (iii) paragraph 320.14(1)⁠(c) (operation while impaired — blood drug concentration equal to or over legal limit), (iv) paragraph 320.14(1)⁠(d) (operation while impaired — blood alcohol and drug concentration equal to or over legal limit), (v) subsection 320.15(1) (failure or refusal to comply with demand), (a.1) an offence committed by means of, or in relation to, a motor vehicle in a state of the United States, if the registrar considers the offence to be equivalent to an offence referred to in clause (a), (a.2) an offence committed by means of, or in relation to, a motor vehicle under any of the following provisions of the Criminal Code : (i) subsection 320.13(1) (dangerous operation), (ii) section 320.16 (failure to stop after accident), (iii) section 320.18 (operation while prohibited), (iv) section 353 (sell or misuse master key), (v) section 430 (mischief to a motor vehicle), (b) the offence of theft of motor vehicle parts committed under section 334 of the Criminal Code , if the value of the parts is $5,000. or less, (b.1) the offence of possession of property obtained by crime committed under section 354 of the Criminal Code , if the property is motor vehicle parts, the value of which is $5,000. or less, (b.2) an offence committed under section 355.2 or 355.4 (trafficking in property obtained by crime or possession of such property for trafficking) of the Criminal Code , if the property is (i) motor vehicle parts, the value of which is $5,000 or less, or (ii) the proceeds from property referred to in subclause (i), (c) the offence of being a passenger of a motor vehicle knowing it was taken without its owner's consent, committed under section 335 of the Criminal Code , (d) an offence committed under subsection 225(1), (1.1) or (1.2) of this Act (drive while disqualified or prohibited) while the offender's licence and right to have a licence are suspended under this section, (e) an offence under section 5 of the Controlled Drugs and Substances Act (Canada), if the offender drives a motor vehicle during the course of committing the offence; (« infraction de catégorie A ») "Category B offence" means (a) an offence committed by means of, or in relation to, a conveyance under any of the following provisions of the Criminal Code : (i) subsection 320.14(2) (operation while impaired causing bodily harm), (ii) subsection 320.14(3) (operation while impaired causing death), (iii) subsection 320.15(2) (failure or refusal to comply with demand — accident resulting in bodily harm), (iv) subsection 320.15(3) (failure or refusal to comply with demand — accident resulting in death), (a.1) an offence listed in clause (a) of the definition "Category A offence" if a person under the age of 16 years was a passenger in or on the conveyance at a time material to the offence, (a.2) an offence committed by means of, or in relation to, a motor vehicle in a state of the United States, if the registrar considers the offence to be equivalent to an offence referred to in (i) clause (a), or (ii) clause (a.1), if a person under the age of 16 years was a passenger in or on the motor vehicle at a time material to the offence, (a.3) an offence committed by means of, or in relation to, a motor vehicle under any of the following provisions of the Criminal Code : (i) section 220 (criminal negligence causing death), (ii) section 221 (criminal negligence causing bodily harm), (iii) section 236 (manslaughter), (iv) subsection 320.13(2) (dangerous operation causing bodily harm), (v) subsection 320.13(3) (dangerous operation causing death), (vi) section 320.17 (flight from peace officer), (vii) section 334 (theft of motor vehicle), (viii) section 434 (motor vehicle arson), (b) the offence of taking a motor vehicle without its owner's consent committed by a driver under section 335 of the Criminal Code , (b.1) the offence of motor vehicle theft committed under section 333.1 of the Criminal Code , (c) the offence of theft of motor vehicle parts committed under section 334 of the Criminal Code , if the value of the parts is more than $5,000, (d) the offence of possession of property obtained by crime committed under section 354 of the Criminal Code , if the property is (i) motor vehicle parts, the value of which is more than $5,000., or (ii) a motor vehicle; (e) an offence committed under section 353.1 (tampering with vehicle identification number) of the Criminal Code , (f) an offence committed under section 355.2 or 355.4 (trafficking in property obtained by crime or possession of such property for trafficking) of the Criminal Code , if the property is (i) motor vehicle parts, the value of which is more than $5,000, (ii) a motor vehicle, or (iii) the proceeds from property referred to in subclause (i) or (ii); (« infraction de catégorie B ») "conveyance" has the same meaning as in section 320.11 of the Criminal Code ; (« moyen de transport ») "designated impaired offence" means an offence (a) referred to in clause (a) or subclause (a.2)⁠(i) of the definition "Category B offence", or (b) committed before December 18, 2018, under the following provisions of the Criminal Code as they read at the time the offence was committed: (i) subsection 255(2) (impaired driving causing bodily harm), (ii) subsection 255(2.1) (blood concentration equal to or over legal limit — bodily harm), (iii) subsection 255(2.2) (failure or refusal to provide sample — bodily harm), (iv) subsection 255(3) (impaired driving causing death), (v) subsection 255(3.1) (blood concentration equal to or over legal limit — death), (vi) subsection 255(3.2) (failure or refusal to provide sample — death); (« infraction désignée pour conduite avec facultés affaiblies ») "motor vehicle" includes agricultural equipment, infrastructure equipment, and an off-road vehicle. (« véhicule automobile ») "specified offence related to obtaining sexual services or procuring" means, subject to section 286.5 of the Criminal Code , any of the following offences under that Code if the offender drives a motor vehicle during the course of committing the offence: (a) the offence of transporting a person to a common bawdy-house committed under section 211 before December 6, 2014, (b) an offence committed under section 212 (procuring) before December 6, 2014, (c) an offence under paragraph 213(1)⁠(c) (communication) committed before December 6, 2014, (d) an offence committed under subsection 213(1) (stopping or impeding traffic) for the purpose of obtaining sexual services for consideration, (e) an offence committed under section 286.1 (obtaining sexual services for consideration), (f) an offence committed under section 286.2 (material benefit from sexual services), (g) an offence committed under section 286.3 (procuring). (« infraction visée se rapportant à l'obtention de services sexuels ou au proxénétisme ») Automatic suspension for certain offences 264(1.1) Subject to subsections (1.2) and (1.2.3), the licence and right to have a licence of a person convicted of a Category A or Category B offence, or of an unrelated series or combination of those offences committed within a 10-year period, is suspended, and the person is disqualified from driving a motor vehicle, for a period determined according to the following table: Number of convictions for Category A offences Number of convictions for Category B offences Length of suspension and disqualification 1 0 1 year 2 0 5 years 0 1 5 years 3 0 10 years 1 1 10 years 0 2 10 years 4 or more 0 lifetime 2 or more 1 lifetime 1 or more 2 or more lifetime 0 3 or more lifetime Transitional — expanded meaning of Category A and Category B offences 264(1.1.1) For the purpose of subsection (1.1), an offence is deemed to be (a) a Category A offence if it was included in the definition "Category A offence" as it read immediately before the coming into force of this subsection; or (b) a Category B offence if it was included in the definition "Category B offence" as it read immediately before the coming into force of this subsection. Increased suspension for refusal 264(1.2) Despite subsection (1.1), when a person commits (a) one offence under subsection 320.15(1) of the Criminal Code within the 10-year period, but no other offences, the length of suspension and disqualification shall be increased to two years; or (b) two offences under subsection 320.15(1) of the Criminal Code within the 10-year period, but no other offences, the length of suspension and disqualification shall be increased to seven years. Suspension for low blood drug concentration offence 264(1.2.1) If a person is convicted of an offence under subsection 320.14(4) of the Criminal Code , the person's licence is suspended, and the person is disqualified from holding a licence, for the following suspension and disqualification periods: (a) six months if the conviction is the person's first conviction in a 10-year period for an offence under that subsection; (b) one year if the conviction is the person's second or subsequent conviction in a 10-year period for an offence under that subsection. Transitional — previous convictions for low blood drug concentration offence 264(1.2.2) For the purpose of subsection (1.2.1), a conviction under paragraph 253(3)⁠(b) of the Criminal Code as it read immediately before its repeal is to be counted in determining whether the person's conviction under subsection 320.14(4) is a first or subsequent conviction. Lifetime suspension for certain alcohol-related offences 264(1.2.3) Despite subsection (1.1), when a person is convicted of two unrelated designated impaired offences committed within a 10-year period, the person's licence and right to have a licence is suspended and the person is disqualified from driving a motor vehicle indefinitely. Transition 264(1.2.4) For certainty, when a person is convicted of a designated impaired offence committed after subsection (1.2.3) comes into force, a conviction for a designated impaired offence committed before that subsection comes into force but within the 10-year period referred to in that subsection shall be taken into account for the purpose of that subsection. Commencement of period of suspension etc. 264(1.3) A period of suspension or disqualification imposed under subsection (1.1), (1.2), (1.2.1) or (1.2.3) commences on the later of (a) the date of the conviction that gives rise to the suspension or disqualification; and (b) the date of the person's 16th birthday. Deemed conviction re certain offences 264(1.4) If a person pleads guilty or is found by the court to be guilty of having committed a Category A or Category B offence, or an offence described in subsection (1.2.1), and is discharged of the offence under section 730 of the Criminal Code or subsection 42(2) of the Youth Criminal Justice Act (Canada), the person is deemed to have been convicted of the offence for the purposes of this section. 264(2) and (3) [Repealed] S.M. 2001, c. 29, s. 9 . 264(4) [Repealed] S.M. 1986-87, c. 14, s. 31. 264(5) [Repealed] S.M. 1987-88, c. 23, s. 18. 264(6) [Repealed] S.M. 1994, c. 4, s. 15 . Suspension for specified offence related to obtaining sexual services or procuring 264(6.1) The licence and right to have a licence of a person convicted of a specified offence related to obtaining sexual services or procuring is suspended, and the person is disqualified from driving a motor vehicle, for (a) one year from the date of the conviction, if in the 10 years before the date of the offence the person did not commit another specified offence related to obtaining sexual services or procuring for which he or she was also convicted; or (b) two years from the date of the conviction, if in the 10 years before the date of the offence the person did commit another specified offence related to obtaining sexual services or procuring for which he or she was also convicted. Impoundment of driver's licence 264(7) Where a person's driver's licence is suspended under subsection (1.1), (1.2.1), (1.2.3) or (6.1), the judge or justice who convicts the person shall impound the licence and send it or cause it to be sent to the registrar. Stay of suspension 264(8) Where an appeal is taken against a conviction for any offence, and where the licence, permit, right to have a licence or the registration of a vehicle, is suspended or cancelled, or the person is disqualified from obtaining a licence, permit, or registration of a vehicle, or from driving a motor vehicle, pursuant to any provision of this Act, and by reason of the conviction, the judge, or a judge of the court, being appealed to may direct that the suspension, prohibition, cancellation or disqualification be stayed pending the final disposition of the appeal or until otherwise ordered by the court. Notice of stay to registrar 264(9) If a stay is directed under subsection (8), the judge or judges of the court being appealed to shall cause a copy of the direction and any order made under section 320.25 of the Criminal Code to be sent to the registrar. After the registrar receives the direction, the operation of this section is stayed until the registrar receives notice as to the disposition of the appeal. Request to return licence during stay 264(9.1) If the appellant's driver's licence is in the registrar's possession and the appellant requests its return, the registrar shall restore the driver's licence to the appellant if (a) the driver's licence is not suspended under another provision of this Act or a provision of The Drivers and Vehicles Act ; (b) the appellant is not prohibited from driving a motor vehicle other than by reason of the conviction being appealed; and (c) the appellant has complied with any requirements imposed by the registrar under this Act, The Drivers and Vehicles Act or The Provincial Offences Act . Where appeal not allowed 264(10) Upon the disposition of the appeal, if the judgment of the court is that the appeal be not allowed, the judge or judges of the court shall, when delivering judgment, impound and send, or cause to be sent, to the registrar, the driver's licence of the appellant, together with formal notification of the disposition of the appeal; and the provisions of this Act stayed by the direction under subsection (8) shall become operative upon the receipt by the registrar of the formal notification of the disposition of the appeal. Temporary licence and stay of suspension etc. 264(11) Subject to subsection (13), where a person is convicted of an offence and the person's licence or right to have a licence is suspended or cancelled under this Act by reason of the conviction, or the person is disqualified under this Act from driving a motor vehicle by reason of the conviction, or both, the convicting judge or justice (a) may order that the suspension, cancellation or disqualification be stayed for a period not exceeding 45 days from the day on which the conviction was made; (b) upon making an order under clause (a) staying the suspension or cancellation of the person's licence, shall (i) require the person convicted to surrender to the judge or justice his or her driver's licence and shall send it or cause it to be sent to the registrar, and (ii) issue, or cause to be issued, to the person convicted a temporary licence, in a form prescribed by the registrar, valid for the lesser of (A) the period of the stay, (B) the number of days that remain unexpired on the licence that was surrendered, and (iii) record on the certificate of conviction that the suspension or cancellation has been stayed and a temporary licence has been issued to the person convicted; and (c) upon making an order under clause (a) staying the disqualification of the person from driving a motor vehicle, shall record on the certificate of conviction that the disqualification has been stayed. Further temporary licence 264(12) Where under clause (11)⁠(a) the suspension of the licence of a person is stayed for 45 days and under subclause (11)⁠(b)⁠(ii) a temporary licence is issued for a period less than 45 days for reasons set out in that subclause, the person may apply to the registrar for a further temporary licence and upon payment of the prescribed fees for the temporary licence and insurance premiums payable under The Manitoba Public Insurance Corporation Act and regulations made thereunder, the registrar shall issue to the person a further temporary licence which shall be valid for a period representing the difference between 45 days and the number of days during which the first temporary licence was valid. Limitation on stay of suspension etc. 264(13) A judge or justice shall not make an order under subsection (11) unless the judge or justice is satisfied (a)  that the person convicted intends to appeal the conviction or apply to the appeal board under section 279; (b) that the person convicted is not disqualified or prohibited from driving a motor vehicle except by reason of the conviction; and (c) where the order is for a stay of the suspension or cancellation of the driver's licence of the person convicted, that the person holds a valid driver's licence that is not suspended under another provision of this Act or a provision of The Drivers and Vehicles Act . Beginning of suspension etc. after stay 264(14) Where a judge or justice orders under subsection (11) that the suspension or cancellation of a person's licence or right to have a licence, or the disqualification of the person from driving a motor vehicle, be stayed, the period of the suspension, cancellation or disqualification begins on the earlier of the expiry of the stay and the expiry of the period for which a temporary licence is issued to the person under subsection (11). 264(15) [Repealed] S.M. 2001, c. 29, s. 9 . 264(16) [Repealed] S.M. 1999, c. 12, s. 10 . Interpretation 264(17) For greater certainty, this section applies to a person who is or was convicted of a Category A or B offence, as defined in subsection (1), whether the sentence or other disposition for the conviction is or was under the Criminal Code , the Controlled Drugs and Substances Act (Canada), the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada). S.M. 1986-87, c. 14, s. 30 to 37; S.M. 1987-88, c. 23, s. 17 and 18; S.M. 1989-90, c. 56, s. 36 and 37; S.M. 1991-92, c. 25, s. 40 ; S.M. 1994, c. 4, s. 15 ; S.M. 1994, c. 25, s. 5 ; S.M. 1996, c. 26, s. 18 ; S.M. 1999, c. 12, s. 10 ; S.M. 1999, c. 35, s. 5 and 8; S.M. 2000, c. 34, s. 5 ; S.M. 2001, c. 29, s. 9 and 12; S.M. 2002, c. 40, s. 30 ; S.M. 2004, c. 11, s. 11 ; S.M. 2004, c. 30, s. 31 ; S.M. 2005, c. 31, s. 6 ; S.M. 2005, c. 37, Sch. B, s. 53 ; S.M. 2005, c. 56, s. 3 ; S.M. 2008, c. 5, s. 3 ; S.M. 2009, c. 9, s. 3 ; S.M. 2010, c. 6, s. 2 ; S.M. 2010, c. 52, s. 6 ; S.M. 2011, c. 8, s. 2 ; S.M. 2013, c. 47, Sch. A, s. 127 ; S.M. 2014, c. 23, s. 6 ; S.M. 2015, c. 43, s. 21 ; S.M. 2018, c. 10, Sch. B, s. 90 ; S.M. 2018, c. 19, s. 2 and 8; S.M. 2021, c. 4, s. 17 ; S.M. 2025, c. 5, s. 7 . Seven-year alcohol prohibition 264.1(1) A person convicted of a designated impaired offence must not, for a period of seven years, operate or have care or control of a motor vehicle, off-road vehicle, agricultural equipment or infrastructure equipment while the person has any alcohol in their blood. Lifetime alcohol prohibition for second offence 264.1(2) A person convicted of two unrelated designated impaired offences committed within a 10-year period is subject to the prohibition under subsection (1) indefinitely. Transition 264.1(3) For certainty, when a person is convicted of a designated impaired offence committed after this section comes into force, a conviction for a designated impaired offence committed before this section comes into force but within the 10-year period shall be taken into account for the purpose of subsection (2). Commencement of period 264.1(4) A period of alcohol prohibition commences on the later of (a) the date of the conviction that gives rise to the prohibition; and (b) the date of the person's 16th birthday. Deemed conviction re certain offences 264.1(5) If a person pleads guilty or is found by the court to be guilty of having committed a designated impaired offence and is discharged of the offence under section 730 of the Criminal Code or subsection 42(2) of the Youth Criminal Justice Act (Canada), the person is deemed to have been convicted of the offence for the purposes of this section. Stay of prohibition 264.1(6) When an appeal is taken against a conviction that would result in an alcohol prohibition being imposed under subsection (1) or (2), the judge, or a judge of the court, being appealed to may direct that the alcohol prohibition be stayed pending the final disposition of the appeal unless otherwise ordered by the court. Notice of stay to registrar 264.1(7) If a stay is directed under subsection (6), the judge or judges of the court being appealed to shall cause a copy of the direction to be sent to the registrar. After the registrar receives the direction, the operation of this section is stayed until the registrar receives notice as to the disposition of the appeal. Where appeal not allowed 264.1(8) Upon the disposition of the appeal, if the judgment of the court is that the appeal be not allowed, the judge or judges of the court shall, when delivering judgment, send, or cause to be sent, to the registrar formal notification of the disposition of the appeal; and the alcohol prohibition stayed by the direction under subsection (6) shall become operative upon the receipt by the registrar of the formal notification of the disposition of the appeal. Interpretation 264.1(9) For certainty, this section applies to a person who is or was convicted of a designated impaired offence whether the sentence or other disposition for the conviction is or was under the Criminal Code , the Controlled Drugs and Substances Act (Canada), the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada). S.M. 2025, c. 5, s. 8 . Definitions 265(1) In this section, "conveyance" and "operate" have the same meaning as in section 320.11 of the Criminal Code . Gross impairment: request to surrender licence 265(2) A peace officer must request a person to surrender his or her driver's licence if, in relation to the person's operation of a conveyance, the peace officer believes that the person is so impaired by alcohol or drugs as to be unable to comply with a demand under section 320.27 or 320.28 of the Criminal Code . Under the influence of a drug: request to surrender licence 265(2.1) A peace officer may request a person to surrender his or her driver's licence, if in relation to the person's operation of a conveyance, the peace officer reasonably believes that, as a result of being under the influence of a drug, the person is unable to safely operate the conveyance. Duty to surrender licence 265(3) Subject to subsection (4), when a request is made under subsection (2) or (2.1), the person to whom the request is made must immediately surrender his or her driver's licence to the peace officer. Exception for out-of-province driver 265(4) Subsection (3) does not apply to a person who holds an out-of-province driving permit. Suspension and disqualification after request 265(5) If a person to whom a request is made under subsection (2) or (2.1) (a) holds a driver's licence issued in Manitoba, it is suspended, and the person is disqualified from holding a driver's licence and from driving a vehicle in Manitoba for 24 hours from the time the request is made, whether or not the person surrenders the driver's licence; or (b) holds an out-of-province driving permit or does not hold a driver's licence or out-of-province driving permit, the person is disqualified from holding a driver's licence and from driving a vehicle in Manitoba for 24 hours from the time the request is made. Duties of peace officer 265(6) A peace officer who requests a person 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 person and, if known, the number of the person's driver's licence; (a.1) if the suspension or disqualification arose from a request made under subsection (2.1), set out the particulars of the officer's reasons to believe that, as a result of being under the influence of a drug, the person was unable to safely operate the conveyance; (b) if a driver's licence is surrendered, give the person a written receipt for it and a written notice stating the place where it may be recovered; (c) provide the person 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 and disqualification, the name and address of the person and, if known, the number of the person's driver's licence; (d.1) give the registrar a copy of any particulars set out under clause (a.1); and (e) if the vehicle is removed under subsection (9), notify the person of its storage location. Return of licence 265(7) When a suspension and disqualification under this section ends, a driver's licence surrendered under this section shall be returned without delay to the licence holder except when he or she is otherwise not eligible to hold a driver's licence. Reinstatement charges 265(8) A person whose driver's licence is suspended under this section or who is disqualified under this section from holding a driver's licence and driving a vehicle in Manitoba shall pay the reinstatement charge specified in relation to this section in the regulations made under section 331, unless (a) the suspension or disqualification arose from a request under subsection (2.1); and (b) the person suspended or disqualified (i) is not a novice driver, and (ii) does not hold a driver's licence of a class or subclass prescribed in the regulations. Removal of vehicle 265(9) A peace officer may remove and store the vehicle of any person whose driver's licence is suspended or who is disqualified from driving under this section and any trailer or other towed equipment attached to the vehicle, or may cause the vehicle and any trailer or other towed equipment attached to it to be removed or stored, if the vehicle 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 remove it. Costs of removal and storage 265(10) The costs and charges incurred in removing and storing a vehicle and any trailer or other towed equipment under subsection (9) 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 the vehicle and trailer or other towed equipment at the request of the peace officer. S.M. 1986-87, c. 14, s. 38 and 39; S.M. 1989-90, c. 56, s. 38 and 39; S.M. 1997, c. 38, s. 5 ; S.M. 1999, c. 12, s. 11 ; S.M. 2004, c. 11, s. 12 ; S.M. 2005, c. 37, Sch. B, s. 54 ; S.M. 2008, c. 36, s. 40 ; S.M. 2010, c. 52, s. 7 ; S.M. 2017, c. 22, s. 13 ; S.M. 2018, c. 19, s. 2 and 8. Request for surrender of licence 265.1(1) A peace officer who believes, on reasonable and probable grounds, that a driver of a regulated vehicle is in contravention of this Act or regulations respecting hours of service, shall request the driver to surrender their licence. Surrender of licence 265.1(2) Upon a request being made under subsection (1), the driver shall without delay surrender his licence to the peace officer. Automatic suspension of licence 265.1(3) Upon a request being made under subsection (1), whether or not the driver surrenders their licence to the peace officer, the driver's licence is suspended and invalid for the purpose of driving a regulated vehicle for the following period:

(a) where a record of hours of service is produced by the driver, for a period commencing from the time of the request and ending at the time at which the peace officer estimates that the driver will comply with the hours of service regulation, but the period of the suspension shall not exceed the number of hours prescribed by regulation, and (b) where no record of hours of service is provided by the driver, for the number of hours prescribed by regulation. Duties of peace officer 265.1(4) Where under this section the licence of a driver is suspended, the peace officer who requested the surrender of the licence shall (a) keep a written record of the licence suspended with the name and address of the driver and the date and time of the suspension; (b) provide the driver whose licence is suspended with a written statement of the time from which the suspension takes effect and the length of the period during which his licence is suspended; (c) where the driver surrenders his licence, give the driver a receipt for it; and (d) notify the registrar in writing of the suspension of the licence giving the name and address shown on the licence and the number of the licence. Subsections 265(7) to (10) apply 265.1(5) Subsections 265(7) to (10) apply, with necessary changes, to a person whose driver's licence is suspended under this section and to the vehicle referred to in subsection (1). S.M. 1988-89, c. 14, s. 12 ; S.M. 1991-92, c. 25, s. 56 ; S.M. 2010, c. 52, s. 8 ; S.M. 2018, c. 10, Sch. B, s. 91 . Licence suspension for use of hand-operated electronic device 265.2(1) If a peace officer reasonably believes that the driver of a vehicle is in contravention of section 215.1 (use of hand-operated electronic device), the peace officer must, on the registrar's behalf, take whichever of the following actions applies to the person: (a) if the person holds a valid driver's licence issued under The Drivers and Vehicles Act , the peace officer must (i) take possession of it, (ii) issue a temporary driving permit to the person, and (iii) by serving a suspension and disqualification order on the person, suspend the driver's licence and disqualify the person from driving a vehicle in Manitoba for the period determined under subsection (6); (b) if the person holds a valid out-of-province driving permit, the peace officer must (i) issue a temporary driving permit to the person, and (ii) by serving a suspension and disqualification order on the person, disqualify the person from holding a driver's licence or driving a vehicle in Manitoba for the period determined under subsection (6); (c) if the person does not hold a valid driver's licence or out-of-province driving permit, the peace officer must, by serving a suspension and disqualification order on the person, disqualify the person from holding a driver's licence or driving a vehicle in Manitoba for the period determined under subsection (6). Temporary driving permit 265.2(2) A temporary driving permit issued by a peace officer under subclause (1)⁠(a)⁠(ii) or (b)⁠(i) (a) takes effect when it is issued; (b) expires at the end of the day following the day on which it is issued; and (c) is subject to the same conditions and restrictions as the person's driver's licence or out-of-province driving permit, as the case may be. Documents to be sent to registrar 265.2(3) A peace officer who serves a suspension and disqualification order under subsection (1) must, without delay, send to the registrar (a) a copy of the temporary driving permit, if one was issued by the peace officer; (b) a copy of the completed order; and (c) a report sworn or solemnly affirmed by the peace officer. Use of required forms 265.2(4) A temporary driving permit, suspension and disqualification order and peace officer's report under this section must be in the form, contain the information and be completed in the manner required by the registrar. Duty to surrender driver's licence 265.2(5) On being served with a suspension and disqualification order, a person must without delay surrender their driver's licence to the peace officer, but the driver's licence is suspended whether or not the person surrenders it. Length of suspension period 265.2(6) A suspension and disqualification order issued under this section takes effect immediately upon being served, and, subject to subsection (7), the suspension and disqualification period is as follows: (a) if the order is the first order under this section that has been served on the person within the 10-year period ending when the order is served, the suspension and disqualification period is 3 days beginning (i) on the day following the day on which the temporary driving permit issued by the peace officer expires, or (ii) on the day the order is served on the person if no temporary driving permit is issued under this section; (b) if the order is the second order or more that has been served on the person within the 10-year period ending when the order is served, the suspension and disqualification period is 7 days beginning (i) on the day following the day on which the temporary driving permit issued by the peace officer expires, or (ii) on the day the order is served on the person if no temporary driving permit is issued under this section. Suspension period when number of previous orders unclear 265.2(7) If, at the time the peace officer prepares a suspension and disqualification order under this section, the peace officer believes that they lack the necessary information to reliably determine how many previous orders have been served, (a) the suspension and disqualification order must state that (i) the suspension period is 3 days or, if it is the second order or more served on the recipient within the 10-year period ending when the order is served, and (ii) as soon as practicable, the registrar will by letter confirm whether the suspension and disqualification period is 3 days or 7 days; and (b) the peace officer must notify the registrar, in the manner that the registrar requires, that the peace officer believes they lacked the necessary information to reliably determine how many previous suspension and disqualification orders were served in the relevant 10-year period. Confirmation of suspension period by registrar 265.2(8) In a case referred to in subsection (7), the registrar must, without delay upon receiving the copy of the suspension and disqualification order, (a) determine the number of orders served on the person during the relevant 10-year period; and (b) send the person a letter confirming the length of the suspension period and stating the facts upon which the determination under clause (a) is based. Service of registrar's letter 265.2(9) The registrar's letter must be given to the person (a) by personal service; (b) by registered mail sent to the person's address as shown in the suspension and disqualification order; (c) by e-mail sent to the e-mail address provided by the person to the registrar for the delivery of notices under this Act; or (d) in accordance with a method specified by regulation. Return of driver's licence 265.2(10) When a suspension and disqualification period under this section ends, the surrendered driver's licence must be returned without delay to the licence holder except when the person is otherwise not eligible to hold a driver's licence. Reinstatement charges 265.2(11) A person whose driver's licence is suspended under this section or who is disqualified under this section from driving a vehicle in Manitoba must pay the reinstatement charge specified in relation to this section in the regulations made under section 331. Removal of vehicle 265.2(12) A peace officer may remove and store the vehicle of any person who is disqualified from driving under this section and who is not issued a temporary driving permit, and any trailer or other towed equipment attached to the vehicle, or may cause the vehicle and any trailer or other towed equipment attached to it to be removed or stored, if the vehicle 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 remove it. Costs of removal and storage 265.2(13) The costs and charges incurred in removing and storing a vehicle and any trailer or other towed equipment under subsection (12) 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 the vehicle and trailer or other towed equipment at the request of the peace officer. S.M. 2018, c. 12, s. 7 and 10; S.M. 2019, c. 6, s. 7 . 266 [Repealed] S.M. 1994, c. 25, s. 6 ; S.M. 1999, c. 35, s. 6 ; S.M. 2004, c. 30, s. 32 . Suspension for liquor offences or cannabis 267 Notwithstanding anything in any other Act of the Legislature, a judge or justice who convicts any person of a breach of The Liquor, Gaming and Cannabis Control Act , with respect to liquor or cannabis had or kept or carried in a motor vehicle that is operated for compensation, may suspend, for a period of not less than six months and not more than 12 months, (a) the licence of the driver thereof; and (b) the registration of the vehicle, unless it appears to the satisfaction of the convicting judge or justice, that the person convicted is not the owner thereof. S.M. 2005, c. 8, s. 17 ; S.M. 2013, c. 51, Sch. B, s. 193 ; S.M. 2018, c. 9, s. 45 . Temporary permit on suspension of licence 268(1) Where any person is convicted of an offence under any provision of this Act or the Criminal Code , and, by reason thereof, his licence is suspended under any provision of this Act, or by the convicting judge or justice pursuant to any provision of this Act, a judge or justice or the registrar may issue to the person convicted, in a form prescribed by the registrar, a permit authorizing him to drive a motor vehicle in the province during a period of 24 hours beginning at the time the permit is issued. Effect of temporary permit 268(2) Notwithstanding any other provision of this Act, a person to whom a permit is issued under subsection (1) may, during the period stated in the permit, drive in the province any motor vehicle that the licence suspended authorized him to drive; and the suspension of the registration of the motor vehicle, if any, is stayed for the same period as stated in the permit. DIVISION II SUSPENSION OF REGISTRATION AND LICENCE SUSPENSION FOR CERTAIN CONVICTIONS Cancellation of licences etc. when cheque dishonoured 269(1) When a cheque given in payment of (a) a fee prescribed by regulation; or (b) a premium, as defined in subsection 1(1) of The Manitoba Public Insurance Corporation Act , or another amount prescribed in the regulations under that Act; is dishonoured, the registrar may, until the indebtedness is paid, do one or more of the following: (c) suspend the person's licence or permit or the registration of any vehicle registered in the person's name; (d) suspend the person's right to have a licence or permit or to register any vehicle; (e) refuse to issue a licence or permit to the person or to register any vehicle in the person's name. Indebtedness to registrar or M.P.I.C. 269(2) When a person is indebted for (a) a fee prescribed by regulation; (b) a premium, as defined in subsection 1(1) of The Manitoba Public Insurance Corporation Act , or another amount prescribed in the regulations under that Act; (c) payment of benefits or insurance money or the assumption of liability for payment of benefits or insurance money by the Manitoba Public Insurance Corporation; the registrar may, until the indebtedness is paid, do one or more of the following: (d) suspend the person's licence or permit or the registration of any vehicle registered in the person's name; (e) suspend the person's right to have a licence or permit or to register any vehicle; (f) refuse to issue a licence or permit to the person or to register any vehicle in the person's name. Payment of indebtedness 269(3) When a person in respect of whom the registrar has taken action under subsection (1) or (2) or under subsection 55.1(2) of The Off-Road Vehicles Act applies for a licence or permit or for registration of a vehicle, (a) the registrar may deny the application unless the applicant pays all (i) the fees, premiums and other amounts and the indebtedness for benefits, insurance money and the assumption of liability for payment of benefits and insurance money referred to in subsections (1) and (2), and (ii) any indebtedness referred to in subsection 55.1(1) of The Off-Road Vehicles Act ; and (b) if the payment made with the application is not sufficient to pay all of the amounts described in clause (a), the registrar (i) may apply the payment, firstly, toward any indebtedness to the registrar in the order in which the indebtedness was incurred and, secondly, toward payment of any indebtedness to The Manitoba Public Insurance Corporation in the order in which the indebtedness was incurred, and (ii) subject to The Financial Administration Act , shall refund any balance to the applicant. S.M. 1985-86, c. 12, s. 16 to 18; S.M. 1989-90, c. 56, s. 40 ; S.M. 1995, c. 31, s. 13 ; S.M. 2008, c. 36, s. 41 . SUSPENSION FOR FAILURE TO SATISFY A JUDGMENT Suspension for judgments in Canada or U.S.A. 270(1) The registrar shall suspend the licence of each driver, and the registration of every motor vehicle registered in the name of each person, who fails within thirty days to satisfy a judgment rendered against him by any court in Canada or the United States, in an action for damages resulting from bodily injury to, or the death of, another, or damage to property in an amount exceeding $1,000. exclusive of costs, occasioned by, or arising out of, the ownership, maintenance, operation, or use, of a motor vehicle by that driver or person. Where suspension not required 270(2) The registrar is not required to suspend, under subsection (1), the licence of a judgment debtor and the registration of motor vehicles registered in his name if he is satisfied that the judgment debtor is insured under a policy of automobile insurance whereby the insurer is obligated to pay the amount of the judgment on which the suspension is based at least to the extent, and for the amounts, mentioned in subclause (5)⁠(a)⁠(iv), but has not done so. Subsequent suspension 270(3) Where, pursuant to subsection (2), the registrar has not suspended a licence or registration, if subsequently it is determined by a final judgment or order that the insurer is not obligated to pay the amount of the judgment, the registrar shall forthwith suspend the licence and registration as required under subsection (1). When suspension made 270(4) A suspension pursuant to subsection (1) shall be made by the registrar upon the expiration of the thirty days and upon receipt by him of (a) a certificate of the judgment issued by the proper officer of the court in which the judgment was rendered; and (b) evidence satisfactory to the registrar of the identity of the judgment debtor. Period of suspension 270(5) Subject to subsection (7), every licence and every registration suspended pursuant to subsection (1) shall remain so suspended, and shall not thereafter be renewed, nor shall any new licence be thereafter issued to, or registration for the same or any other vehicle be permitted to be made by, or in the name of, the person liable on the judgment, until (a) in the case of a judgment resulting from (i) bodily injury to, or the death of, one or more persons, or (ii) loss of, or damage to property, in one accident, (iii) it is discharged (other than by a discharge in bankruptcy), or (iv) if not discharged, the total amount owing thereunder is satisfied to the extent of $450,000 in the case of a judgment arising from bodily injury or death and at least $50,000 in the case of a judgment arising from damage to property and in any event, to the extent of at least $500,000; and (b) in the case of a judgment paid by and assigned to the Minister of Finance under The Unsatisfied Judgment Fund Act (now repealed) the judgment, with interest thereon at 4% per year from the date the payment was made, is discharged. Payment of judgment in instalments 270(6) A judgment debtor to whom this section applies, if the judgment was recovered in a court in the province, on due notice to the judgment creditor, may apply to that court for the privilege of paying the judgment in instalments; and the court may, in its discretion, so order and fix the amounts and times of payment of the instalments. Restoration of licence 270(7) Where an order has been made by the court pursuant to subsection (6), while the judgment debtor is not in default in payment of the instalments he shall, for the purposes of this section, be deemed not to be in default in payment of the judgment; and if he has given proof of financial responsibility, the registrar may restore the licence and registration or privilege of that judgment debtor, or any one or more of them, until he makes default in paying the instalments; and thereafter as often as default happens shall suspend, and as often as the default is remedied may restore, the licence and registration or privilege or any one or more of them. Suspension for restitution orders in Canada or U.S.A. 270(8) Subsections (1) to (5) apply, with necessary changes, to a person who fails within thirty days to satisfy a restitution order issued against him or her by any court in Canada or the United States if the restitution order is issued in respect of bodily injury to another person, the death of another person or damage to property in an amount exceeding $1,000. occasioned by or arising out of the ownership, maintenance, operation, or use, of a motor vehicle by the person ordered to make restitution. S.M. 1987-88, c. 19, s. 2 ; S.M. 1991-92, c. 25, s. 40 ; S.M. 2005, c. 37, Sch. B, s. 55 ; S.M. 2022, c. 39, s. 32 . 271 [Repealed] S.M. 1991-92, c. 25, s. 40 and 57; S.M. 2005, c. 37, Sch. B, s. 56 ; S.M. 2018, c. 10, Sch. B, s. 92 . 272 [Repealed] S.M. 1991-92, c. 25, s. 58 . SUSPENSION BY REGISTRAR Registrar's power to cancel or suspend 273(1) The registrar may in accordance with this section, for contravention of the provisions of this Act or the regulations or for any reasonable cause that the registrar considers sufficient, (a) cancel or suspend a person's licence or permit, or disqualify a person from applying for or holding a licence or permit in Manitoba or from operating a motor vehicle in Manitoba; and (b) cancel or suspend the registration of a motor vehicle registered in the name of a person, and refuse to register a motor vehicle in the name of a person in Manitoba; for such period as the registrar may consider sufficient. Registrar required to make determination 273(1.1) If (a) the driver's licence of a novice driver; or (b) a driver's licence of a class or subclass prescribed in the regulations; is suspended under subsection 265(5) as a result of a request under subsection 265(2.1), the registrar must determine whether to exercise the registrar's power under subsection (1). Form of notice 273(2) Prior to exercising his authority under subsection (1), the registrar shall serve a notice in writing on the person setting out that (a) the registrar, without further notice to the person, intends to exercise his powers under subsection (1) with respect to the person's licence or motor vehicle registration, or both, for reasons specified in the notice, unless the person shows cause why the registrar should not exercise those powers; (b) the person has a right to make a written submission in response to the notice within such time as the registrar deems reasonable and specifies in the notice; and (c) the person has a right to be heard in response to the notice at a location determined by the registrar if the person contacts the registrar, within such time as the registrar deems reasonable and specifies in the notice, to arrange a date and time for a hearing and appears at the hearing to make representations. Service of notice 273(3) A notice referred to in subsection (2) must be given to the person (a) by personal service; (b) by registered mail sent to the person's last known address as shown in the records maintained by the registrar; (c) by e-mail sent to the e-mail address provided by the person to the registrar for the delivery of notices under this Act; or (d) sent in accordance with a method specified by regulation. S.M. 1989-90, c. 4, s. 10 ; S.M. 1991-92, c. 25, s. 59 ; S.M. 2017, c. 22, s. 14 ; S.M. 2018, c. 29, s. 17 . Definition of "director" 273.1(1) In this section and section 273.2, "director" means the director under The Family Support Enforcement Act . Action re person in default in support payments 273.1(2) Notwithstanding the provisions of this Act respecting notice, where the registrar receives a written request from the director for the registrar to take action under this section respecting a person in default, the registrar shall without notice to the person (a) suspend or cancel any driver's licence the person holds under The Drivers and Vehicles Act or this Act, and cancel or suspend the registration of any vehicle registered in the person's name under The Drivers and Vehicles Act ; and (b) refuse to issue or renew any licence, permit or registration of a vehicle in the name of the person; until the director notifies the registrar in writing of the person's compliance. S.M. 1995, c. 3, s. 29 ; S.M. 2005, c. 37, Sch. B, s. 57 ; S.M. 2022, c. 15, Sch. B, s. 97 . Registrar to refuse service to person in default 273.2(1) If the registrar receives a written request from the director for the registrar to take action under this section, the registrar (a) shall, until the director notifies the registrar in writing of the person's compliance, (i) refuse to issue or renew any licence, permit or registration of a vehicle in the person's name, and (ii) refuse to accept payment from the person of any charge payable in relation to the driver's licence, permit or registration, even though the refusal may lead to its suspension; and (b) shall notify The Manitoba Public Insurance Corporation if he or she intends to refuse to accept payment under subclause (a)⁠(ii). Refusal of premium by MPIC 273.2(2) When The Manitoba Public Insurance Corporation receives a notice from the registrar under clause (1)⁠(b), it shall refuse to accept payment of any premium for insurance in relation to the person's driver's licence or a permit or vehicle registration in the person's name, even though the refusal may lead to the cancellation of the person's insurance. Acceptance of premium by MPIC 273.2(3) When the director notifies the registrar of the person's compliance, the registrar must notify The Manitoba Public Insurance Corporation. After receiving the notice from the registrar, The Manitoba Public Insurance Corporation may accept payment of insurance premiums from the person. S.M. 1995, c. 3, s. 29 ; S.M. 2008, c. 36, s. 42 ; S.M. 2022, c. 15, Sch. B, s. 97 . Registrar's powers re unpaid fines, administrative penalties and restitution 273.2.1(1) Subject to the notice requirements in subsections (2) and (3), the registrar may, where a person is in default in paying a fine or restitution order imposed under the Criminal Code , an administrative penalty owing under section 263.1.1 or a restitution order imposed under an Act of the Legislature, (a) refuse to issue or renew a driver's licence or permit in the person's name; and (b) refuse to accept payment from the person of any charge payable in relation to the driver's licence or permit, even though the refusal may lead to its suspension. Refusing to accept premiums when fine is unpaid 273.2.1(1.1) When the registrar exercises his or her power under clause (1)⁠(b), The Manitoba Public Insurance Corporation may, in conjunction with the registrar, refuse to accept payment of the premium for insurance in relation to the person's driver's licence or permit, even though the refusal may lead to the cancellation of the insurance. Subsections (2) to (5) apply, with necessary modifications, to The Manitoba Public Insurance Corporation if it exercises its power under this subsection. Content of notice 273.2.1(2) Notice shall be served upon the person stating that the registrar may exercise a power in subsection (1) if the person does not pay the fine, administrative penalty or restitution on or before the date specified in the notice. Giving notice 273.2.1(3) The notice must be given to the person at least 30 days before the date specified in the notice, using one of the following methods: (a) personal service; (b) ordinary mail; (c) e-mail sent to the e-mail address given by the person to the sender for the delivery of notices under this Act; (d) a method specified by regulation. Exercise of registrar's powers 273.2.1(4) Where the person does not pay the fine, administrative penalty or restitution on or before the date specified in the notice, the registrar may, without further notice to the person, exercise any of the powers in subsection (1) until the fine or restitution is paid. Issuance or renewal of licences in certain cases 273.2.1(5) Where the registrar has exercised a power under subsection (1), he or she may issue or renew the person's driver's licence or permit (a) after receiving notice that the fine or restitution is paid; or (b) as the circumstances require and the registrar considers appropriate. S.M. 1999, c. 43, s. 1 ; S.M. 2008, c. 36, s. 43 ; S.M. 2018, c. 29, s. 17 ; S.M. 2019, c. 6, s. 8 . Definitions 273.3(1) In this section, "alternative measures" means alternative measures authorized under paragraph 717(1)⁠(a) of the Criminal Code in relation to the specified offence; (« mesures de rechange ») "designated program official" means any person designated by the Attorney General as responsible for the administration of a program of alternative measures; (« administrateur désigné du programme ») "specified offence" means any of the following offences under the Criminal Code : (a) the offence under subsection 213(1) of doing any of the acts described in paragraph (a) or (b) of that subsection for the purpose of obtaining sexual services for consideration, (b) the offence under paragraph 213(1)⁠(c) of doing any of the acts described in that paragraph for the purpose of obtaining sexual services committed before December 6, 2014, (c) an offence under subsection 286.1(1). (« infraction visée ») Notice of possible action under subsection (5) 273.3(2) When a person who is alleged to have committed the specified offence is to be dealt with by alternative measures, the designated program official shall give the person a written notice stating that, if the person does not comply totally with the terms and conditions of the alternative measures within the time specified in the notice or any extension of time given by the designated program officer, the registrar will take action under subsection (5) without further notice to the person. Service of notice 273.3(3) The notice must be given to the person (a) by personal service; (b) by registered mail sent to the person's last known address as shown in the records maintained by the registrar; (c) by e-mail sent to the e-mail address provided by the person to the registrar for the delivery of notices under this Act; or (d) in accordance with a method specified by regulation. Notice to registrar of non-compliance 273.3(4) When a person who is served with a notice under subsection (2) fails to comply totally with the terms and conditions of the alternative measures within the time specified in the notice or any extension of time given by the designated program officer, the designated program officer may give written notice of that fact to the registrar. Registrar's action 273.3(5) On receipt of a notice under subsection (4), the registrar shall, without notice to the person, (a) suspend or cancel the person's driver's licence; (b) refuse to issue a driver's licence to that person or to renew that person's driver's licence; or (c) disqualify the person from applying for or holding a driver's licence and from operating a motor vehicle; until the registrar receives a notice under subsection (6). Later notice to registrar 273.3(6) The designated program official shall, in relation to a person who is the subject of a notice under subsection (2), give written notice to the registrar when (a) the person pleads guilty, is found guilty or is acquitted of the specified offence; (b) there is a stay of proceedings against the person in relation to the specified offence; or (c) the time for instituting a proceeding in relation to the specified offence has elapsed; whichever first occurs. S.M. 1997, c. 38, s. 6 ; S.M. 2015, c. 43, s. 21 ; S.M. 2018, c. 29, s. 17 . Suspension under Domestic Violence Act 273.4 Despite the provisions of The Drivers and Vehicles Act and this Act respecting notice, where the registrar receives a certificate pursuant to subsections 15(1) (suspension and disqualification) and (4) (certificate) of The Domestic Violence and Stalking Act , the registrar shall without notice to the person named in the certificate (a) suspend any driver's licence that the person holds; (b) refuse to issue or renew any licence or permit in the name of the person; and (c) disqualify the person from applying for or holding a licence or permit and operating a motor vehicle; until the registrar receives notice under subsection 15(5) (termination of suspension and disqualification) of that Act. S.M. 1998, c. 41, s. 30 ; S.M. 2004, c. 13, s. 16 ; S.M. 2005, c. 37, Sch. B, s. 58 . Action where person does not have notice 273.5(1) If the registrar receives a certificate under subsections 15(3) (where respondent does not have notice) and (4) (certificate) of The Domestic Violence and Stalking Act , the registrar (a) shall, until he or she receives notice under subsection 15(5) of that Act, (i) refuse to issue or renew a driver's licence or permit in the name of the person named in the certificate, and (ii) refuse to accept payment from the person of any charge payable in relation to the driver's licence or permit, even though the refusal may lead to its suspension; and (b) shall notify The Manitoba Public Insurance Corporation if he or she intends to refuse to accept payment under subclause (a)⁠(ii). Refusal of premium by MPIC 273.5(2) When The Manitoba Public Insurance Corporation receives a notice from the registrar under clause (1)⁠(b), it shall refuse to accept payment of any premium for insurance in relation to the person's driver's licence or permit, even though the refusal may lead to the cancellation of the insurance. Acceptance of premium by MPIC 273.5(3) The registrar shall notify The Manitoba Public Insurance Corporation if he or she receives a notice under subsection 15(5) of The Domestic Violence and Stalking Act in respect of the person. After receiving the notice, The Manitoba Public Insurance Corporation may accept payment of insurance premiums from the person. S.M. 1998, c. 41, s. 30 ; S.M. 2004, c. 13, s. 16 ; S.M. 2008, c. 36, s. 44 . Definitions 273.6(1) The following definitions apply in this section. "designated official" means a person designated by the Attorney General as being responsible for providing notice to the registrar under this section. (« fonctionnaire désigné ») "outstanding arrest warrant" means a warrant for the arrest of a person that has not been executed. (« mandat d'arrestation non exécuté ») "prescribed offence" means an offence under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada) that is prescribed in the regulations. (« infraction prescrite ») Notice of outstanding warrant 273.6(2) Subject to the regulations, when a person is the subject of an outstanding arrest warrant in respect of a prescribed offence, the designated official must give written notice of this fact to the registrar. Registrar to refuse service to subject of outstanding warrant 273.6(3) If the registrar receives a notice under subsection (2), he or she must (a) without notice to the person named in the notice, (i) refuse to issue or renew any licence, permit or vehicle registration in that person's name, and (ii) refuse to accept payment from that person of any charge payable in relation to the driver's licence, permit or vehicle registration, even though the refusal may lead to its suspension, until he or she receives a notice under subsection (6) respecting that person; and (b) notify The Manitoba Public Insurance Corporation if he or she intends to refuse to accept payment under subclause (a)⁠(ii). Refusal of premium by MPIC 273.6(4) When The Manitoba Public Insurance Corporation receives a notice from the registrar under clause (3)⁠(b), it must refuse to accept payment of any premium for insurance in relation to the person's driver's licence or a permit or vehicle registration in the person's name, even though the refusal may lead to the cancellation of the person's insurance. Acceptance of premium by MPIC 273.6(5) The registrar must notify The Manitoba Public Insurance Corporation if he or she receives a notice under subsection (6) in respect of the person. After receiving the notice, The Manitoba Public Insurance Corporation may accept payment of insurance premiums from the person. Notice of warrant execution 273.6(6) When an outstanding arrest warrant in respect of a prescribed offence has been executed, the designated official must give written notice of this fact to the registrar. S.M. 2011, c. 39, s. 6 . 274 [Repealed] S.M. 1997, c. 37, s. 25 ; S.M. 2005, c. 37, Sch. B, s. 59 . 275 [Repealed] S.M. 1997, c. 37, s. 26 ; S.M. 2005, c. 37, Sch. B, s. 59 . Notification of suspension or cancellation 276(1) Where the registration of a motor vehicle, or a licence or permit, has been suspended or cancelled under this Act, the registrar or a person acting under the authority of the registrar shall (a) forthwith, in the case of a cancellation or suspension made by him; and (b) as soon as he is aware of the fact, in the case of a cancellation or suspension not made by him; give notice to the person in whose name the registration was made or the licence or permit was issued of the fact of the suspension or cancellation. Manner and effect of giving notice of suspension 276(2) The notice referred to in subsection (1) must be in writing and must be given to the person who is to receive the notice (a) by personal service; (b) by registered mail sent to the person's last known address as shown in the records maintained by the registrar; (c) by e-mail sent to the e-mail address provided by the person to the registrar for the delivery of notices under this Act; or (d) in accordance with a method specified by regulation. S.M. 1985-86, c. 12, s. 19 and 20; S.M. 2018, c. 29, s. 17 . SURRENDER OF REGISTRATION AND LICENCES Return of registration card, etc., on suspension 277(1) Where the registration, licence or permit of an owner or a driver has been suspended or cancelled in accordance with this Act, he shall immediately deliver his registration card and number plate or plates where his registration has been suspended or cancelled and his licence or permit where his licence or permit has been suspended or cancelled (a) to the judge or justice by whom the registration, licence or permit was suspended or cancelled, or by whom he was convicted of an offence for which the registration, licence or permit is required by the Act to be suspended or cancelled; or (b) to the registrar, when requested by the registrar. Recovery of licence, etc., by peace officer 277(2) Where any person fails to comply with subsection (1), the registrar may cause a peace officer or a person authorized for that purpose by the registrar to recover possession of the driver's licence, permit, registration card, and number plate or plates or other means of identification or proof of registration issued to that person. S.M. 1997, c. 37, s. 26 . LICENCE SUSPENSION APPEAL BOARD Establishment of appeal board 278(1) There is hereby established a board which shall be known as: "The Licence Suspension Appeal Board". Membership of board 278(2) The appeal board shall be composed of (a) three to nine persons appointed by the Lieutenant Governor in Council; and (b) such further members appointed by the Lieutenant Governor in Council to act solely under subsections (9) and (10) in respect of that part of the province lying north of the fifty-third parallel of north latitude; and each member shall hold office for such term as may be fixed in the order appointing him or her and thereafter until his or her successor is appointed. Chairman 278(3) The Lieutenant Governor in Council shall, by order in council, appoint one of the members of the appeal board to be the chairman thereof. Vice-chairman, etc. 278(4) The Lieutenant Governor in Council may, by order in council, appoint one of the members of the appeal board (a) to be vice-chairman thereof; or (b) to be acting chairman thereof for such period or periods, or without limitation as to time, as may be stated in the order in council appointing him; to act, in either case, as chairman on the request of the chairman or the minister during the illness or absence of the chairman or during his inability from any cause to discharge his duties. Quorum 278(5) Three members of the appeal board constitute a quorum thereof. Rules of procedure 278(6) The appeal board may make rules not inconsistent with any Act or law to regulate its procedure, but the rules must provide that the appellant and any other party to an appeal are to have a full opportunity to present evidence and make submissions. Remuneration of members 278(7) Each member of the appeal board may be paid by the Minister of Finance such remuneration for his services as a member of the board as may be fixed by order of the Lieutenant Governor in Council; and, in addition, may be repaid the amount of such reasonable travelling and other out-of-pocket expenses necessarily incurred by him in discharging his duties as a member of the board, as may be approved by the Minister of Finance. Powers and duties 278(8) The appeal board has powers and duties conferred or imposed on it by section 279 or 279.3 or another provision of this Act, by a provision of The Drivers and Vehicles Act or another Act, or by a regulation made under this Act, The Drivers and Vehicles Act or another Act. Part V of Evidence Act powers 278(8.1) The members of the appeal board have the powers of commissioners under Part V of The Manitoba Evidence Act . Inquiries by single members 278(9) The appeal board, or the chairman thereof, may authorize one or more of the members of the board to make inquiry and to report to the board upon any question or matter arising in connection with the business of the board; and that member, when so authorized, has all the powers of the appeal board for the purpose of taking evidence or acquiring the necessary information for the purpose of the report; and upon the report being made to the board, it may adopt it as an order of the appeal board or otherwise deal with it in the discretion of the board; and a person appointed under clause (2)⁠(b) has, in respect of taking evidence and acquiring information in that part of the province lying north of the fifty-third parallel of north latitude the same powers as a person authorized under this subsection. Hearing of applications, etc., by one or more members 278(10) One or more members of the appeal board may hear an application, appeal, complaint, or other matter over which the board has jurisdiction under this Act or any other Act of the Legislature; and, after the hearing, the member shall report thereon fully to the appeal board with his recommendations, if any, and the board may thereupon deal with the application, appeal, complaint, or other matter, as if the hearing had been before the full appeal board. S.M. 2002, c. 40, s. 31 ; S.M. 2004, c. 30, s. 33 ; S.M. 2005, c. 37, Sch. B, s. 60 . Appeal to appeal board 279(1) Subject to subsection (3), a person may appeal to the appeal board (a) if any of the following has been refused, suspended or cancelled under this Act: (i) the person's application for a driver's licence or to register a motor vehicle, trailer or off-road vehicle, (ii) the person's driver's licence or right to hold a driver's licence, (iii) the registration of a motor vehicle or off-road vehicle registered in the person's name, (iv) an exemption, privilege or benefit under section 4.3; (b) if the person has been disqualified under this Act from driving a motor vehicle or operating an off-road vehicle under any provision of this Act; or (c) if the person is a novice driver and the registrar has extended the time that he or she must spend in any licensing stage or has extended, varied or added to the conditions or restrictions of his or her novice driver's licence. Application to appeals under other Acts 279(2) In addition to appeals under subsection (1), this section applies to appeals to the appeal board that are provided for in The Drivers and Vehicles Act , The Off-Road Vehicles Act or the regulations under either of those Acts. No appeal in certain cases 279(3) Despite subsections (1) and (2), no person may appeal to the appeal board under subsection (1) or under a provision of another Act or a regulation, if the refusal, suspension, cancellation or disqualification is (a) imposed for non-payment of a fine or costs under Part 9 of The Provincial Offences Act ; (b) for non-payment of any other amount of money payable under this Act, The Drivers and Vehicles Act , The Off-Road Vehicles Act , The Manitoba Public Insurance Corporation Act or a regulation under any of those Acts; (b.1) an action taken by a peace officer under section 242.4 (street racing); (b.2) an action taken by a peace officer under section 265.2 (use of hand-operated electronic device); (c) an action taken by the registrar under section 273.1 or 273.2 (default in support), section 273.2.1 (default in fine or restitution order), section 273.3 (alternative measures) or section 273.4 or 273.5 (Domestic Violence Act); or (d) an action taken by the registrar under clause 11(4)⁠(d) of the Ignition-Interlock Program Regulation , Manitoba Regulation 195/2003, for the failure by the person to allow an approved ignition-interlock device to be installed in a vehicle. No appeal for alcohol prohibition 279(3.1) For certainty, no appeal lies to the appeal board from an alcohol prohibition imposed on a person under section 264.1 or in respect of the length of the prohibition period or any other aspect of the prohibition imposed under that section. Restriction re certain administrative suspensions 279(4) A person who is given a suspension and disqualification order for the three-month period referred to in rule 1 of subsection 263.1(7) is not entitled to appeal to the appeal board until the period of suspension or disqualification has elapsed. Effect of review under section 263.2 279(4.1) Subsection (4) applies to a person even though the person applies under section 263.2 to have the registrar review the suspension and disqualification order. If the registrar sustains the order, subsection (4) applies in respect of the resulting suspension and disqualification. How to make an appeal 279(5) A person who wishes to appeal to the appeal board must (a) file an appeal application with the appeal board in the form the appeal board requires; (b) provide the appeal board with any additional information the appeal board requires; and (c) pay a charge in the amount specified in the regulations. Copy of appeal application to registrar 279(6) The secretary of the appeal board shall without delay give a copy of an appeal application to the registrar. Information to be forwarded 279(7) The registrar shall without delay forward to the appeal board any records and information that the appeal board requests in relation to an appeal. Stay of decision 279(8) An appeal from a decision of the registrar about a permit under Part 7 of The Drivers and Vehicles Act stays the decision pending the disposition of the appeal if the registrar's decision so provides or the appeal board so decides. This subsection also applies in respect of a permit issued under a regulation made under clause 123(1)⁠(u) of that Act if a regulation under clause 123(1)⁠(v) of that Act makes this section apply to appeals in relation to such permits. Adoption of registrar's findings 279(9) The appeal board may adopt the registrar's findings of fact except insofar as they are put in issue by the appellant. Evidence 279(10) Evidence may be given before the appeal board in any manner that the appeal board considers appropriate. The appeal board is not bound by the rules of evidence applicable to judicial proceedings. Consideration of relevant information 279(11) In addition to evidence given in the course of a hearing, the appeal board may consider relevant information in the possession of the registrar or obtained by the appeal board, if the appeal board informs the appellant of the nature of the information and gives him or her an opportunity to explain or refute it. Right to examine materials 279(12) The appeal board shall give the appellant and the registrar a reasonable opportunity to examine all material filed with the appeal board that is relevant to the appeal. Appeal hearing 279(13) Despite any other provision of this Act, The Drivers and Vehicles Act or The Off-Road Vehicles Act , the appeal board may, after receiving an appeal application, make any order described in subsection (18) after hearing (a) the person making the appeal or the person's counsel; and (b) the Attorney General or the registrar, if either of them desires to be heard, or their counsel. Hearing 279(14) Subject to subsections (16) and (26), the appeal board must conduct a hearing about a matter for which an appeal application is filed. Hearing conducted orally or in writing 279(15) The appeal board may conduct a hearing (a) orally, including by telephone or other electronic technology if it allows the members of the appeal board, all the parties and their counsel to hear each other; (b) in writing; or (c) partly orally and partly in writing. Appeals by mail 279(16) Subject to any conditions that the board considers appropriate, the board may allow a person to make his or her appeal by mail if the board is satisfied that (a) the person would suffer undue hardship or expense in appearing personally for a hearing; (b) it is practicable for the person to submit his or her case to the board by mail; and (c) it is reasonable and just in the circumstances to permit the person to make the appeal by mail. Notice of hearing 279(17) The appeal board shall give reasonable notice of the time and place of the appeal hearing to the registrar and the appellant. Kinds of orders that may be made 279(18) If the appeal board decides to grant relief on an appeal, it may, by order, do one or more of the following: (a) revoke a suspension, cancellation or disqualification, in whole or in part; (b) direct a permit or driver's licence to be issued, a vehicle to be registered or an exemption, privilege or benefit under section 4.3 to be granted; (c) revoke or vary a licence-stage extension, or an extension, variation or addition of the licence conditions or restrictions, of a novice driver; (d) revoke an administrative penalty imposed under Part 7 of The Drivers and Vehicles Act ;

(e) reduce the amount of an administrative penalty imposed under Part 7 of The Drivers and Vehicles Act if the amount is not in accordance with the regulations under that Act. Effect of order on suspension under section 263.1 279(18.1) Despite subsection (18), an order revoking, in whole or in part, a suspension and disqualification resulting from an order referred to in subsection (21.1) does not negate the validity of the order or prevent it from being counted as a previous order for the purpose of subsections 263.1(7) and (8). Issuance of permit or driver's licence 279(19) When an order is made under subsection (18), (a) the suspension, cancellation or disqualification, if any, is revoked to the extent stated in the order; and (b) subject to the person's complying with any requirements imposed by the registrar under this Act, The Drivers and Vehicles Act , The Off-Road Vehicles Act or The Provincial Offences Act , the registrar must take whatever action is necessary to give effect to the order. Conditions and restrictions 279(20) The appeal board may impose any conditions or restrictions, or both, that it considers appropriate on the revocation of a suspension, cancellation or disqualification, on a permit or driver's licence that is to be issued or on any other revocation or variation described in subsection (18). The appeal board may make the conditions or restrictions extend beyond the period for which the permit, driver's licence or registration was originally suspended or cancelled, or beyond the original period of disqualification. Mandatory ignition-interlock when certain post-conviction suspensions revoked 279(21) When the subject of an appeal is a driver's licence and right to have a driver's licence that was suspended under section 264 for an offence under subsection 320.14(1), (2) or (3) or section 320.15 of the Criminal Code , the appeal board shall not (a) revoke the suspension in whole or in part unless the revocation order contains the conditions that, during the period for which the licence and right to have a licence was suspended, the appellant (i) must participate in a motor vehicle ignition-interlock program under section 279.1 and comply with the requirements of the program, and (ii) must, except as permitted under subsection (22), drive only a motor vehicle equipped with an ignition-interlock device that is approved under section 279.1 and complies with the requirements of the program; or (b) direct the registrar to issue a licence to the appellant unless the licence is subject to the restriction that the appellant must, except as permitted under subsection (22), drive only a motor vehicle equipped with an ignition-interlock device that is approved under section 279.1 and complies with the requirements of the program. Mandatory ignition-interlock when certain suspensions under section 263.1 revoked 279(21.1) Subsection (21) applies, with necessary changes, in respect of an appeal of a suspension and disqualification order that was given under section 263.1 for any of the periods referred to in rule 2 of subsection 263.1(7). If the registrar sustains such an order after a review under section 263.2, subsection (21) applies, with necessary changes, to an appeal of the resulting suspension and disqualification. Ignition-interlock exemption for work purposes 279(22) When the appeal board is satisfied that an exemption from the requirements of subclause (21)⁠(a)⁠(ii) and clause (21)⁠(b) is necessary for an appellant to be employed, it may, by order and subject to any conditions or restrictions imposed under subsection (20), authorize the appellant, during the course of his or her employment, to drive a motor vehicle that is owned, leased or rented by the employer and is not equipped with an approved ignition-interlock device. Temporary licence from appeal board 279(23) Despite any other provision of this Act, if a person has filed an appeal from the suspension of his or her driver's licence or disqualification from operating an off-road vehicle, and (a) the convicting judge or justice issued the person a temporary driver's licence, or temporarily revoked the disqualification, but the driver's licence or revocation has expired or is about to expire, the chair of the appeal board or a person designated by the chair may, for a period of not more than 45 days, (i) further temporarily revoke the suspension and issue a further temporary licence, or (ii) further temporarily revoke the disqualification; or (b) the convicting judge or justice did not issue a temporary driver's licence or temporarily revoke the disqualification, the chair of the appeal board or a person designated by the chair may, for a period of not more than 45 days, (i) order the temporary revocation of the suspension and issue a temporary licence, or (ii) order the temporary revocation of the disqualification. The chair shall provide the registrar with a copy of any order made under this subsection. Extension of temporary licence issued by registrar 279(23.1) If a person has filed an appeal from the suspension of his or her driver's licence and has been issued a temporary driver's licence by the registrar under subsection 31(7) of this Act or subsection 29(3) of The Drivers and Vehicles Act , the chair of the appeal board or a person designated by the chair may extend the temporary driver's licence for a period of not more than 45 days beyond the expiration date specified by the registrar. The chair must provide the registrar with a copy of any order made under this subsection. Removal of conditions or restrictions 279(24) The board may, on further application, remove some or all of the conditions or restrictions imposed by an order under subsection (20) if after a period of three years the appellant has not been convicted of any further offence under the Criminal Code (Canada), or this Act or The Drivers and Vehicles Act , making him or her liable to further suspension or disqualification. Removal of ignition-interlock conditions 279(25) Despite subsection (24), the appeal board shall not remove a condition or restriction contained in or imposed under an order, as required by subsection (21) or (21.1), unless, after consulting the registrar, it is satisfied that the removal does not constitute a threat to the public safety. Time within which appeals may be heard 279(26) If the appeal board finds that it is reasonable and just to do so, it may receive an appeal application at any time and deal with the appeal in accordance with this section. But if the appeal board has previously dealt with an appeal and refused to revoke a suspension, cancellation or disqualification or to order the issue of a permit or licence, it shall not again receive an appeal application or deal with a new appeal in respect of that suspension, cancellation or disqualification or in respect of that application for a permit or licence until three years have elapsed since the disposition of the previous appeal. Limitation on orders 279(27) The appeal board shall not make an order in respect of an appeal unless (a) it is satisfied, in the case of a suspension, cancellation or disqualification, (i) that exceptional hardship will result if the suspension, cancellation or disqualification remains in effect, and (ii) that the revocation of the suspension, cancellation or disqualification is not contrary to the public interest; and (b) the appellant has paid to the board the charge for the appeal application specified in the regulations. Waivers and refunds of application charges 279(28) The appeal board shall forward to the Minister of Finance every application charge paid under this section. But the appeal board may waive payment of a charge or may recommend to the Minister of Finance that the amount of the charge be remitted pursuant to The Financial Administration Act in any case in which it finds it unreasonable or unjust that a charge should be paid or finds that undue hardship would result from the payment of the charge. Further application for revocation 279(29) Despite subsection (26), if an appeal for revocation of a suspension, cancellation or disqualification has been refused because the appellant failed to prove exceptional hardship or that the revocation is not contrary to the public interest, the board may receive a further appeal application for revocation of the suspension, cancellation or disqualification and may deal with the appeal if it is satisfied, on further application by the appellant, that the appellant's circumstances have changed or that new evidence is available showing that it would not be contrary to public interest to revoke the suspension, cancellation or disqualification. Subsection (27) applies, with necessary changes, to the further appeal application. Failure of appellant to appear at hearing 279(30) If an appellant fails or neglects on two or more occasions, without reasonable justification, to attend an oral hearing on the date fixed by the board, the board may refuse to hear the appeal or other application. In such a case the application charge paid by the appellant is forfeited. Variation of order by appeal board 279(31) When the appeal board makes an order requiring the registrar to issue a conditional or restricted licence or a conditional permit or registration or an order revoking a disqualification subject to conditions, and the circumstances of the appellant later change, the appeal board may, on further application by the appellant, vary the order in such manner the appeal board considers just. Subsection (27) applies, with necessary changes, to the application for a variation. Variation of ignition-interlock conditions 279(32) Despite subsection (31), the appeal board shall not vary an order by varying or removing a condition or restriction contained in or imposed under the order, as required by subsection (21), unless, after consulting the registrar, it is satisfied that the variation or removal does not constitute a threat to the public safety. Decision to be given to appellant and registrar 279(33) The appeal board shall as soon as reasonably practicable give a copy of its decision regarding an appeal or other application to the appellant and the registrar. S.M. 1986-87, c. 14, s. 42 ; S.M. 1988-89, c. 14, s. 13 ; S.M. 1989-90, c. 4, s. 11 to 13; S.M. 1989-90, c. 7, s. 17 ; S.M. 1989-90, c. 56, s. 41 ; S.M. 1994, c. 4, s. 16 ; S.M. 1994, c. 25, s. 7 ; S.M. 1995, c. 3, s. 30 ; S.M. 1997, c. 37, s. 27 ; S.M. 1997, c. 38, s. 7 ; S.M. 1998, c. 41, s. 30 ; S.M. 1999, c. 12, s. 12 ; S.M. 1999, c. 35, s. 7 ; S.M. 1999, c. 43, s. 1 and 2; S.M. 2000, c. 34, s. 6 ; S.M. 2001, c. 29, s. 10 ; S.M. 2002, c. 40, s. 32 ; S.M. 2004, c. 30, s. 34 ; S.M. 2005, c. 37, Sch. B, s. 61 ; S.M. 2010, c. 52, s. 9 ; S.M. 2012, c. 24, s. 2 ; S.M. 2013, c. 8, s. 4 ; S.M. 2013, c. 47, Sch. A, s. 127 ; S.M. 2013, c. 54, s. 42 ; S.M. 2014, c. 23, s. 7 ; S.M. 2018, c. 12, s. 8 ; S.M. 2018, c. 19, s. 2 and 8; S.M. 2021, c. 20, s. 9 ; S.M. 2022, c. 15, Sch. B, s. 97 ; S.M. 2024, c. 14, s. 2 ; S.M. 2025, c. 5, s. 9 . IGNITION-INTERLOCK PROGRAM FOR DRIVERS HOLDING RESTRICTED LICENCES Definitions 279.1(1) In this section and in sections 279.2 and 279.3, "approved ignition-interlock device" means a device, approved under the regulations for use in Manitoba, that is designed, when installed in a motor vehicle, to detect the presence of alcohol in the breath of the driver and to prevent the vehicle from starting or being driven if alcohol is detected; (« dispositif de verrouillage du système de démarrage approuvé ») "designated offence" means an offence described in (a) clause (a) or (a.1) of the definition "Category A offence" in subsection 264(1), or (b) any of clauses (a) to (a.2) of the definition "Category B offence" in that subsection; (« infraction désignée ») "ignition-interlock program" means the ignition-interlock program established in the regulations for drivers holding restricted licences; (« programme de verrouillage du système de démarrage ») "licence suspension or driving disqualification" , in relation to a person, means a period during which the person's driver's licence is suspended or the person is disqualified or prohibited from driving a motor vehicle, agricultural equipment or infrastructure equipment, or from operating an off-road vehicle, if the suspension, disqualification or prohibition relates to one of the offences referred to in subsection (1.2); (« suspension de permis ou interdiction de conduire ») "restricted licence" means a driver's licence that (a) is issued under an order of the appeal board under section 279 or 279.3 and, except as permitted by subsection 279(22), restricts the holder to driving a motor vehicle that is equipped with an approved ignition-interlock device, (b) is issued by the registrar under section 5 of The Drivers and Vehicles Act and restricts the holder, in specified circumstances, to driving a motor vehicle that is equipped with an approved ignition-interlock device, or (c) is issued by the registrar in accordance with any of the following provisions and, except as permitted by subsection (1.4), restricts the holder to driving a motor vehicle that is equipped with an approved ignition-interlock device: (i) subsection 279.1(1.2) (restricted licence after conviction for designated offence), (ii) subsection 279.1(1.2.1) (restricted licence after suspension relating to alcohol screening or BAC of .05 or more), (iii) subsection 279.1(1.2.3) (restricted licence after alternative measures for impaired driving offence). (« permis restreint ») Deemed conviction re certain offences 279.1(1.1) If a person pleads guilty or is found by the court to be guilty of having committed an offence under subsection 320.14(1), (2) or (3) or section 320.15 of the Criminal Code and is discharged of the offence under section 730 of the Criminal Code or subsection 42(2) of the Youth Criminal Justice Act (Canada), the person is deemed to have been convicted of the offence for the purposes of this section. Restricted licence after conviction for designated offence 279.1(1.2) After a licence suspension or driving disqualification relating to a person's conviction for a designated offence expires, the registrar may issue only a restricted licence to the person during the applicable period prescribed in the regulations. Restricted licence after suspension relating to alcohol screening or BAC of .05 or more 279.1(1.2.1) After a person's licence suspension or driving disqualification expires, the registrar may issue only a restricted licence to the person during the applicable period prescribed in the regulations if the suspension and disqualification order was issued based on (a) the ground set out in clause 263.1(2)⁠(d) (refusal to comply with demand) if (i) the refusal related to a demand under subsection 320.27(1) or (2) of the Criminal Code to provide a sample of breath for analysis by means of an approved screening device, and (ii) the person was not charged under section 320.15 of the Criminal Code in respect of the refusal; (b) the ground set out in clause 263.1(2)⁠(f) (calibrated screening device registering a WARN) if (i) within the 10-year period ending when the order was served, two or more other suspension and disqualification orders were served on the person under section 263.1, and (ii) the previous orders were not revoked under section 263.2; (c) the ground set out in clause 263.1(2)⁠(f.1) (calibrated screening device registering a FAIL); (d) the ground set out in clause 263.1(2)⁠(f.2) (BAC of .05 or more but less than .08) if (i) within the 10-year period ending when the order was served, two or more other suspension and disqualification orders were served on the person under section 263.1, and (ii) the previous orders were not revoked under section 263.2; or (e) the ground set out in clause 263.1(2)⁠(i) (calibrated screening device indicating presence of alcohol) or (j) (alcohol present in blood but BAC under .05) if (i) within the 10-year period ending when the order was served, two or more other suspension and disqualification orders were served on the person under section 263.1, and (ii) the previous orders were not revoked under section 263.2. Temporary driver's licence before registrar's review completed 279.1(1.2.2) Despite subsection (1.2.1), the registrar may issue a temporary driver's licence for a period of not more than 45 days to a person referred to in subsection (1.2.1) if (a) before the expiry of the person's licence suspension or driving disqualification, the person has applied for a review of the suspension or disqualification under section 263.2; and (b) the registrar has not yet made a decision in respect of the review under subsection 263.2(9). The temporary driver's licence may be made subject to any conditions or restrictions the registrar considers appropriate. Restricted licence after alternative measures for impaired driving offence 279.1(1.2.3) When a person alleged to have committed an offence under any of the following provisions of the Criminal Code is dealt with by alternative measures, the registrar may issue only a restricted licence to the person during the applicable period prescribed in the regulations: (a) subsection 320.14(1) (operation while impaired); (b) subsection 320.15(1) (failure or refusal to comply with demand). Restricted licence after revocation of suspension by appeal board 279.1(1.3) When the appeal board directs the registrar to issue a driver's licence to a person in connection with a revocation order and subsection 279(21) or (21.1) applies in respect of the order, the registrar may only issue the person a restricted licence. Employers' vehicles 279.1(1.4) Despite subsections (1.2) to (1.3), a restricted licence (a) issued for the purpose of subsection (1.2), (1.2.1) or (1.2.3) may permit the licence holder to drive a motor vehicle, in the course of the holder's employment, that is owned, leased or rented by the employer and is not equipped with an approved ignition-interlock device if the registrar is satisfied that permitting the holder to drive it is necessary for him or her to be employed; and (b) issued for the purpose of subsection (1.3) may permit the licence holder to drive a motor vehicle that is owned, leased or rented by the holder's employer and is not equipped with an approved ignition-interlock device if the appeal board has given the holder that permission. Driver must comply with program requirements 279.1(2) A person who holds a restricted licence shall comply with the requirements of the ignition-interlock program. Tampering, etc., with device prohibited 279.1(3) No person shall (a) tamper with, or interfere with the operation of, an approved ignition-interlock device; or (b) disable or disassemble an approved ignition-interlock device, or remove it from the motor vehicle, except in accordance with the regulations. Offence and penalty 279.1(4) A person who contravenes subsection (2) or (3) is guilty of an offence and is liable on summary conviction to a fine of not more than $1,000. or imprisonment for a term of not more than six months, or both. Unauthorized driving by holder of restricted licence 279.1(5) A person who holds a restricted licence must not (a) drive a motor vehicle contrary to the requirements of the ignition-interlock program; (b) drive a motor vehicle that is equipped with an approved ignition-interlock device that is not functioning properly or has been tampered with, interfered with or disabled; or (c) drive a motor vehicle that is not equipped with an approved ignition-interlock device except in such circumstances as the licence permits. Driving without restricted licence prohibited 279.1(5.1) When subsection (1.2), (1.2.1), (1.2.3) or (1.3) and the regulations limit the registrar to issuing only a restricted licence to a person, the person must not drive a motor vehicle unless the person holds a valid restricted licence. Application of subsection 225(5) to contraventions 279.1(5.2) Subsection 225(5) (offence and penalty) applies to a person who contravenes subsection (5) or (5.1). Inspections 279.1(6) If, under the authority of this Act, a peace officer stops a motor vehicle, inspects a person's driver's licence and determines that the licence is a restricted licence, the peace officer may, without warrant or court order, inspect the vehicle to the extent that is reasonably necessary to determine (a) whether the vehicle is equipped with an approved ignition-interlock device; and (b) if the vehicle has the device, whether the device is functioning properly or has been tampered with, interfered with or disabled. Regulations 279.1(7) The Lieutenant Governor in Council may make regulations (a) approving ignition-interlock devices for use in Manitoba under the ignition-interlock program; (b) respecting the ignition-interlock program for drivers holding restricted licences, including but not limited to, (i) establishing the parameters and requirements of the program and governing its operation, (ii) setting out the conditions and requirements that a driver holding a restricted licence must meet in relation to the program, (iii) authorizing a service provider to administer the ignition-interlock program on the government's behalf, (iv) governing the installation, operation and maintenance of approved ignition-interlock devices, and prescribing the blood alcohol concentration level above which the device will be calibrated to prevent the motor vehicle from being started, (v) respecting the supervision and monitoring of drivers holding restricted licences and their driving and vehicle-use habits, (vi) respecting the monitoring of approved ignition-interlock device use and performance, (vii) requiring a driver holding a restricted licence, or a vehicle owner, to provide the authorized service provider with regular access to the approved ignition-interlock device at a place, and at times, convenient to the service provider, for the purpose of enabling the service provider to gather information from the device, (viii) governing reports that shall be made to the government in respect of information gathered under subclause (vii), (ix) requiring a driver holding a restricted licence to take remedial action when he or she fails to comply with any condition or requirement of the ignition-interlock program, (x) providing that a driver's restricted licence shall be suspended or cancelled, or that he or she will be expelled from the ignition-interlock program, if he or she fails to comply with one or more requirements of the program or contravenes subsection (3), and (xi) prescribing the fees that an authorized service provider may charge a driver holding a restricted licence for the use of an approved ignition-interlock device and for other services in relation to the ignition-interlock program, requiring the driver to pay the fees, and providing that such fees, if not paid, are a debt from the driver to the authorized service provider; (b.1) for the purpose of subsection (1.2), prescribing periods during which the registrar may issue only a restricted licence to a person convicted of committing a designated offence, including any or all of the following: (i) periods (A) beginning when a person applies for a driver's licence after the expiration of a licence suspension or driving disqualification imposed for the conviction, regardless of how long after the expiration the application is made, and (B) ending only once the person has held the restricted licence and participated in the ignition-interlock program for a specified amount of time, (ii) different periods that apply in respect of convictions for different designated offences, (iii) different periods that apply in respect of a person's first conviction, or a person's second or subsequent conviction, whether the convictions are for the same designated offence or include a combination of different designated offences; (b.2) for the purpose of subsection (1.2.1) or (1.2.3), prescribing periods during which the registrar may issue only a restricted licence to a person, including (i) establishing a process for or manner of determining when the period begins, and (ii) requiring that the period ends only once the person has held the restricted licence and participated in the ignition-interlock program for a specified amount of time; (c) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section or of section 279.2 or 279.3. S.M. 2001, c. 29, s. 11 ; S.M. 2005, c. 37, Sch. B, s. 62 ; S.M. 2005, c. 56, s. 4 ; S.M. 2009, c. 9, s. 4 ; S.M. 2010, c. 52, s. 10 ; S.M. 2012, c. 24, s. 3 ; S.M. 2013, c. 7, s. 5 ; S.M. 2015, c. 39, s. 9 ; S.M. 2018, c. 10, Sch. B, s. 93 ; S.M. 2018, c. 19, s. 2 and 8; S.M. 2019, c. 6, s. 9 ; S.M. 2022, c. 21, s. 4 ; S.M. 2025, c. 5, s. 10 . Prohibition on permitting non-interlock vehicle to be driven 279.2(1) No person shall permit the holder of a restricted licence to drive a motor vehicle (a) that is not equipped with an approved ignition-interlock device; or (b) that the licence does not authorize the holder to drive. Offence and penalty 279.2(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 $1,000. or imprisonment for a term of not more than six months, or both. No offence by employer in certain circumstances 279.2(3) An employer who permits an employee to drive a motor vehicle in the course of his or her employment does not commit an offence under this section if the employee's restricted licence allows the employee to drive the motor vehicle. S.M. 2001, c. 29, s. 11 ; S.M. 2004, c. 30, s. 35 ; S.M. 2012, c. 24, s. 4 ; S.M. 2013, c. 7, s. 6 . Application to join ignition-interlock program 279.3(1) A person may apply to the appeal board for an order allowing the person to join the ignition-interlock program if the person needs to participate in the program to be eligible to drive a motor vehicle during a driving prohibition imposed on the person under the Criminal Code or the Youth Criminal Justice Act (Canada). How to make an application 279.3(2) To make an application under this section, the person must (a) file an application with the appeal board in the form the appeal board requires, accompanied by the information or documentation that the board requires; and (b) pay the application charge specified in the regulations. Application is to be dealt with like an appeal 279.3(3) The appeal board must deal with and decide the application in the same manner as an appeal of a driver's licence suspension for an offence under section 320.14 or 320.15 of the Criminal Code . Section 279 applies, with necessary changes, to an application under this section. Appeal board may order registrar to issue restricted licence 279.3(4) Without limiting the application of section 279, the appeal board may issue an order allowing the person to participate in the ignition-interlock program and directing the registrar to issue a restricted licence to the person if the appeal board is satisfied (a) that exceptional hardship will result if the person is not allowed to participate in the ignition-interlock program and is not issued a restricted licence; and (b) that allowing the person to participate in the program and issuing the restricted licence is not contrary to the public interest. Effect of order 279.3(5) An order under subsection (4) has the same effect as an order under section 279 that is subject to mandatory ignition-interlock conditions. The person who obtains the order must participate in a motor vehicle ignition-interlock program under section 279.1 and comply with the requirements of the program in the same manner as a person whose driver's licence suspension is revoked under subsection 279 subject to such conditions. Application of sections 279.1 and 279.2 279.3(6) Sections 279.1 and 279.2, and the regulations under section 279.1 apply, with necessary changes, to a person who obtains an order under this section. S.M. 2005, c. 37, Sch. B, s. 63 ; S.M. 2018, c. 19, s. 8 ; S.M. 2025, c. 5, s. 11 . PART VIII REGULATED VEHICLES 280 to 312 [Repealed] S.M. 1985-86, c. 13, s. 5 and 7 to 12; S.M. 1987-88, c. 23, s. 20 to 23; S.M. 1988-89, c. 14, s. 14 and 15; S.M. 1989-90, c. 56, s. 42 to 45; S.M. 1991-92, c. 25, s. 60 ; S.M. 1992, c. 58, s. 11 ; S.M. 1993, c. 23, s. 20 ; S.M. 1994, c. 4, s. 17 to 26; S.M. 1995, c. 19, s. 2 to 7; S.M. 1995, c. 31, s. 14 ; S.M. 1997, c. 37, s. 28 to 33; S.M. 1998, c. 26, s. 4 ; S.M. 1999, c. 13, s. 9 to 12; S.M. 2000, c. 35, s. 50 ; S.M. 2001, c. 7, s. 23 ; S.M. 2001, c. 19, s. 30 and 31; S.M. 2001, c. 39, s. 31 ; S.M. 2002, c. 39, s. 535 ; S.M. 2002, c. 40, s. 33 ; S.M. 2004, c. 30, s. 36 ; S.M. 2005, c. 37, Sch. B, s. 64 to 69; S.M. 2012, c. 7, s. 2 to 10; S.M. 2013, c. 49, s. 5 to 14; S.M. 2018, c. 10, Sch. B, s. 95 . Definitions 312.1 The following definitions apply in this Part and in section 322.1. "director" means a director appointed under subsection 322.4(1). (« directeur ») "motor carrier" means a person who (a) owns a regulated vehicle, alone or together with another person, or is entitled to be its registered owner under The Drivers and Vehicles Act ; (b) is engaged in an enterprise or activity as part of which a regulated vehicle is used for the transportation of persons or property (not including personal transportation), whether or not the regulated vehicle's use results in a specific gain or compensation; or (c) has control over when, how and by whom a regulated vehicle is used in an enterprise or activity, whether or not that control is exercised; but does not include the driver of the regulated vehicle unless the driver meets at least one of the criteria set out in clauses (a) to (c). (« transporteur routier ») "related motor carrier" means a motor carrier who, in accordance with the regulations, is considered to be related to another motor carrier. (« lié ») "safety fitness certificate" means a safety fitness certificate issued by a director under subsection 312.2(6). (« certificat en matière de sécurité ») S.M. 2018, c. 10, Sch. B, s. 96 ; S.M. 2023, c. 17, s. 2 ; S.M. 2025, c. 30, s. 4 . SAFETY FITNESS REQUIREMENTS Safety fitness requirements for motor carriers 312.2(1) Unless a motor carrier holds a safety fitness certificate, the motor carrier must not (a) drive or operate a regulated vehicle on a highway or permit a regulated vehicle to be driven or operated on a highway; or (b) tow a regulated vehicle on a highway or permit a regulated vehicle to be towed on a highway. Exemption 312.2(2) A motor carrier may, by regulation, be exempted from the requirement to hold a safety fitness certificate. Application for safety fitness certificate 312.2(3) A motor carrier may apply to a director for a safety fitness certificate, or the renewal of a safety fitness certificate, in accordance with the regulations. Application requirements 312.2(4) In making an application, the motor carrier must (a) provide the information required by the director and the regulations, including information about related motor carriers; and (b) pay the fee prescribed in the regulations, if any. Director to assign initial safety fitness rating 312.2(5) Before issuing a safety fitness certificate, the director must, in accordance with the regulations, assign the motor carrier a safety fitness rating based on (a) the record of the motor carrier maintained under subsection 322.1(1), if any; and (b) information about any related motor carrier. Director may issue safety fitness certificate 312.2(6) The director may issue a safety fitness certificate to the motor carrier in accordance with the regulations. Director may refuse to issue safety fitness certificate 312.2(7) The director may refuse to issue a safety fitness certificate (a) if the motor carrier has provided false, misleading or incomplete information in the application process; (b) if the motor carrier does not hold the insurance coverage required by the regulations; (c) if the motor carrier has been assigned an unsatisfactory safety fitness rating in accordance with the regulations; or (d) for any other reason set out in the regulations, including reasons in respect of any related motor carrier. Suspension or revocation of safety fitness certificate 312.2(8) The safety fitness certificate of a motor carrier may be suspended or revoked by a director if the motor carrier provided false, misleading or incomplete information in the application process or for the reasons set out in the regulations. Term of validity 312.2(9) A safety fitness certificate is valid for the term prescribed in the regulations unless it is suspended or revoked. Certificate not transferrable or assignable 312.2(10) A safety fitness certificate must not be transferred or assigned. Appeal 312.2(11) A motor carrier who is dissatisfied with any of the following decisions may appeal the decision to the appeal board under subsection 322.1(5): (a) a decision to refuse to issue the motor carrier a safety fitness certificate or to suspend or revoke their certificate; (b) a decision respecting the safety fitness rating assigned to the motor carrier. Driver to carry copy of certificate 312.2(12) The driver of a regulated vehicle operated under a safety fitness certificate must carry a copy of the safety fitness certificate and produce it on request of an inspector or other peace officer. Requirement — exempt motor carrier 312.2(13) The driver of a regulated vehicle of a motor carrier who is exempt from the requirement to hold a safety fitness certificate under subsection (2) must carry any documents required by the regulations and must produce the documents on request of an inspector or other peace officer. S.M. 2018, c. 10, Sch. B, s. 96 ; S.M. 2023, c. 17, s. 4 ; S.M. 2025, c. 30, s. 16 . INSPECTION OF REGULATED VEHICLES Powers of inspector and other peace officer 312.3(1) An inspector or other peace officer may (a) enter any place where a regulated vehicle is kept, stored or repaired; (b) inspect any regulated vehicle or its cargo; and (c) order a regulated vehicle out of service if they reasonably believe that the regulated vehicle (i) is unsafe for use on a highway, or (ii) does not comply with this Act or the regulations. Prohibition re out-of-service regulated vehicles 312.3(2) A person must not drive or tow a regulated vehicle that has been ordered out of service under clause (1)⁠(c) on a highway, unless (a) the condition that gave rise to the order has been remedied; or (b) the vehicle is being towed to remove it from the highway or to bring it to a place to have it repaired. Duty to cooperate 312.3(3) A motor carrier and the driver of a regulated vehicle must cooperate with an inspector or other peace officer conducting an inspection under subsection (1) and provide any assistance and information reasonably required to carry out the inspection. S.M. 2018, c. 10, Sch. B, s. 96 ; S.M. 2025, c. 30, s. 16 . Notice requirement re insurance 312.4 If an insurance policy has been filed with the department for the purpose of supporting a safety fitness certificate under this Part, a cancellation, change or refusal to renew the policy is not effective unless the department is provided at least 15 days' notice. S.M. 2018, c. 10, Sch. B, s. 96 ; S.M. 2021, c. 5, s. 13 . OBLIGATIONS, REMEDIES AND OFFENCES Bills of lading 313(1) Every person who transports goods for compensation by means of a vehicle on a highway must use a bill of lading that meets the requirements prescribed under the regulations. Contents of bill of lading relating to livestock 313(2) A bill of lading or other document relating to livestock, shall contain a note of brands, tags or other distinguishing marks on the livestock to which the bill or other document relates. S.M. 1986-87, c. 14, s. 44 ; S.M. 2018, c. 10, Sch. B, s. 97 . Identification of motor carriers 314 A motor carrier must ensure that each of their regulated vehicles displays information that identifies the motor carrier in accordance with the regulations. S.M. 1994, c. 4, s. 27 ; S.M. 2013, c. 49, s. 15 ; S.M. 2018, c. 10, Sch. B, s. 98 ; S.M. 2023, c. 17, s. 7 ; S.M. 2025, c. 30, s. 16 . Remedy for unpaid freight charges 315(1) A motor carrier who has not been paid any outstanding charges in respect of the transportation of goods may recover those charges by any combination of the following: (a) bringing a proceeding in a court of competent jurisdiction; (b) refusing to release the goods until payment has been received (in which case the goods are at the risk of their owner during the detention period); (c) subject to subsection (2), selling all or part of the goods and retaining the amount owing, plus any reasonable costs incurred as a result of the sale, from the sale proceeds. Requirements re sale of goods 315(2) A motor carrier must (a) wait four weeks after making a demand for payment before selling goods under clause (1)⁠(c), unless the goods are perishable goods or livestock; and (b) pay any surplus resulting from the sale, and deliver any goods that remain unsold, to the persons entitled to them. S.M. 2018, c. 10, Sch. B, s. 99 ; S.M. 2025, c. 30, s. 16 . 316 [Repealed] S.M. 1985-86, c. 13, s. 13 ; S.M. 2005, c. 37, Sch. B, s. 70 ; S.M. 2018, c. 10, Sch. B, s. 100 . Contravention of Act by motor carrier or employee an offence 317 A motor carrier or an employee of a motor carrier who, in connection with the operation of a regulated vehicle, contravenes or counsels another person to contravene a provision of this Act, The Drivers and Vehicles Act or a regulation under either of them is guilty of an offence and, in addition to any other applicable penalty, is liable on conviction to a fine of not less than $500 or more than $5,000. S.M. 1985-86, c. 13, s. 14 ; S.M. 1986-87, c. 14, s. 46 ; S.M. 2005, c. 37, Sch. B, s. 71 ; S.M. 2018, c. 10, Sch. B, s. 101 ; S.M. 2025, c. 30, s. 16 . Offences by shippers of property 317.1(1) A person who ships property on a regulated vehicle and who, in relation to the shipment, causes the motor carrier to contravene a provision of this Act or the regulations or the vehicle to be operated in contravention of a provision of this Act or the regulations also commits any offence with which the motor carrier or the driver of the vehicle may be charged due to the contravention. Penalty for shippers 317.1(2) A person who commits an offence under subsection (1) is liable on conviction to any fine for which the motor carrier or driver may be liable, whether or not the motor carrier or driver has been prosecuted or convicted. Shipper responsibility for employees' actions 317.1(3) In a prosecution of an offence under subsection (1), it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused while acting in the course of his or her employment or agency functions, whether or not the employee or agent has been prosecuted for the offence. S.M. 2002, c. 40, s. 34 ; S.M. 2018, c. 10, Sch. B, s. 102 ; S.M. 2025, c. 30, s. 16 . 318 [Repealed] S.M. 1994, c. 4, s. 28 ; S.M. 1997, c. 37, s. 34 ; S.M. 2002, c. 40, s. 35 ; S.M. 2013, c. 49, s. 16 . SAFETY OF REGULATED VEHICLES 318.1(1) [Repealed] S.M. 2018, c. 10, Sch. B, s. 104 . 318.1(1.1) and (2) [Repealed] S.M. 2013, c. 49, s. 18 . Continuing driver disclosure 318.1(3) A person engaged by a motor carrier to drive or tow a regulated vehicle must, within 30 days after the event, disclose in writing to the motor carrier (a) particulars of any traffic accident (i) about which a police report must be made under subsection 155(6), (ii) that resulted in a vehicle involved in the accident being towed from the scene of the accident, or (iii) that resulted in more than $2,000 of damage to any property involved in the accident; (b) convictions arising from the operation or having care or control of a motor vehicle, under the following: (i) The Highway Traffic Act and regulations or any similar Act and regulations of the legislature of a province or territory, (i.1) The Drivers and Vehicles Act and regulations or any similar Act and regulations of the legislature of a province or territory, (ii) the Criminal Code , (iii) the Transportation of Dangerous Goods Act (Canada), The Dangerous Goods Handling and Transportation Act and regulations, and any other similar Act and regulations of the legislature of a province or territory, (iv) any Acts or regulations, similar to those described in subclauses (i) to (iii), of a state, district or territory of the United States of America or Mexico, (v) any Act or regulation prescribed by regulation, (vi) any by-law made by a traffic authority that relates to the weight or dimensions of regulated vehicles on highways or to the required routes of travel for regulated vehicles; and (c) a suspension, cancellation, prohibition or change in classification of the person's driver's licence or an out-of-province driving permit held by the person. Accident information to be provided to director 318.1(4) A motor carrier must, within 30 days after receiving particulars of an accident under clause (3)⁠(a), provide those particulars in writing to a director. S.M. 1988-89, c. 14, s. 16 ; S.M. 2001, c. 19, s. 32 ; S.M. 2002, c. 40, s. 36 ; S.M. 2005, c. 37, Sch. B, s. 72 ; S.M. 2013, c. 49, s. 18 ; S.M. 2018, c. 10, Sch. B, s. 104 ; S.M. 2018, c. 19, s. 2 ; S.M. 2023, c. 17, s. 8 ; S.M. 2025, c. 30, s. 5 . Safety inspections and reports by driver 318.2 A person must not drive or tow a regulated vehicle on a highway unless (a) every vehicle driven or towed has been inspected in accordance with the regulations; (b) reports have been prepared and submitted at the times and in the manner and to the persons prescribed by regulation; and (c) every vehicle driven or towed has been found to be in safe operating condition. S.M. 1988-89, c. 14, s. 16 ; S.M. 2001, c. 19, s. 33 ; S.M. 2013, c. 49, s. 19 ; S.M. 2018, c. 10, Sch. B, s. 105 . Drivers' hours of service 318.3(1) A person must not drive or tow a regulated vehicle on a highway in contravention of the regulations respecting permitted hours of service of drivers. Driver records 318.3(2) A person who drives or tows, or has driven or towed, a regulated vehicle on a highway must make and maintain the records respecting hours of service prescribed by the regulations. Driver to provide records to motor carrier 318.3(2.1) A person engaged by a motor carrier to drive or tow a regulated vehicle must, without delay, provide a copy of the records required under subsection (2) to the motor carrier in accordance with the regulations. S.M. 1988-89, c. 14, s. 16 ; S.M. 2001, c. 19, s. 34 ; S.M. 2013, c. 49, s. 20 ; S.M. 2018, c. 10, Sch. B, s. 106 ; S.M. 2025, c. 30, s. 6 . Safe operation 318.4 A person must not drive or tow a regulated vehicle on a highway unless (a) the driver has inspected the cargo to be transported and it appears to be secured in accordance with the regulations; (b) equipment forming part of or carried on the vehicle is firmly secured; (c) the entry into and exit from, including an emergency exit from, the vehicle are unobstructed; (d) all passenger exits, including emergency exits, from the vehicle are unobstructed; and (e) property transported is secured or stored so as not to pose a risk of injury to the driver or a passenger by its falling, displacement or other movement. S.M. 1988-89, c. 14, s. 16 ; S.M. 2001, c. 19, s. 35 ; S.M. 2013, c. 49, s. 21 ; S.M. 2018, c. 10, Sch. B, s. 107 . Compliance officer 318.5(1) A motor carrier must designate, in writing, an individual to serve as the motor carrier's compliance officer. Duties 318.5(2) A compliance officer is responsible for promoting compliance by the motor carrier and the motor carrier's employees with this Act and the regulations. Eligibility 318.5(3) An individual designated as a compliance officer must meet the qualifications and requirements set out in the regulations. S.M. 1988-89, c. 14, s. 16 ; S.M. 2001, c. 19, s. 36 ; S.M. 2013, c. 49, s. 22 ; S.M. 2018, c. 10, Sch. B, s. 108 ; S.M. 2023, c. 17, s. 9 ; S.M. 2025, c. 30, s. 16 . Initial review of driving record by motor carrier 318.6(1) Before engaging a person to drive or tow a regulated vehicle, a motor carrier must (a) if the person holds a driver's licence, obtain the person's driving record from the registrar; or (b) if the person does not hold a driver's licence, obtain the person's driving record from the appropriate authority in each province or territory in Canada and each state, district or territory of the United States (i) disclosed by the person under section 318.1, or (ii) otherwise known by the motor carrier to have granted an out-of-province driving permit to the person; and must review the driving record and determine whether the person is fit to drive the vehicle. Review of driving record by motor carrier 318.6(2) During each 12-month period of a person's engagement to drive or tow a regulated vehicle, a motor carrier must (a) if the person holds a driver's licence, obtain the person's driving record from the registrar; or (b) if the person does not hold a driver's licence, obtain the person's driving record from the appropriate authority in each province or territory in Canada and each state, district or territory of the United States (i) disclosed by the person under section 318.1, or (ii) otherwise known by the motor carrier to have granted an out-of-province driving permit to the person; and must review the driving record and determine whether the person continues to be fit to drive the vehicle. Record to be current 318.6(3) A motor carrier must ensure that each record obtained under subsections (1) and (2) is current to a date not earlier than 30 days before it is obtained. Timing and record of review 318.6(4) A motor carrier must, for each review conducted under subsection (1) or (2), (a) conduct the review within 30 days; and (b) make and maintain a record of the date of the review, the name of the individual who conducted the review and any other information prescribed in the regulations. S.M. 1988-89, c. 14, s. 16 ; S.M. 1991-92, c. 25, s. 61 ; S.M. 2001, c. 19, s. 37 ; S.M. 2013, c. 49, s. 22 ; S.M. 2018, c. 10, Sch. B, s. 109 ; S.M. 2023, c. 17, s. 10 ; S.M. 2025, c. 30, s. 7 . Maintenance of vehicles 318.7(1) A motor carrier must (a) maintain a regulated vehicle in safe operating condition in accordance with standards of safety and repair applicable to it prescribed by the regulations; and (b) ensure that no driver drives the vehicle on the motor carrier's behalf unless defects listed in a driver inspection or other report prescribed by the regulations have been remedied so as to comply with prescribed standards of safety and repair applicable to the vehicle. Manufacturers' notices 318.7(2) On becoming aware of a notice of defect issued by the manufacturer of a regulated vehicle, a motor carrier that operates a vehicle of that type must, without delay, remedy the defect in accordance with the manufacturer's instructions. Maintenance records to be kept 318.7(3) A motor carrier must make and keep a record in accordance with the regulations of each action taken under subsections (1) and (2) with respect to the vehicle. S.M. 1988-89, c. 14, s. 16 ; S.M. 1992, c. 12, s. 4 ; S.M. 2001, c. 19, s. 38 ; S.M. 2013, c. 49, s. 23 ; S.M. 2018, c. 10, Sch. B, s. 110 ; S.M. 2023, c. 17, s. 11 ; S.M. 2025, c. 30, s. 8 . Motor carrier records 318.8(1) A motor carrier must keep the following records: (a) drivers' disclosures submitted under subsection 318.1(3); (b) inspection reports submitted under section 318.2;

(c) records made and submitted under subsection 318.3(2); (d) designations under subsection 318.5(1); (e) driving records obtained under section 318.6; (f) records of actions taken under subsection 318.7(3); (g) other records that the regulations require the motor carrier to make and keep. Records must be accessible 318.8(2) The motor carrier must ensure that the records described in subsection (1) are accessible in the same place, which must be either the motor carrier's chief place of business in Manitoba or another place approved by the minister. S.M. 1988-89, c. 14, s. 16 ; S.M. 2005, c. 37, Sch. B, s. 73 ; S.M. 2013, c. 49, s. 24 ; S.M. 2018, c. 10, Sch. B, s. 111 ; S.M. 2023, c. 17, s. 12 ; S.M. 2025, c. 30, s. 9 . Motor carrier to ensure driver compliance 318.9 A motor carrier must ensure that a driver who drives or tows a regulated vehicle on the motor carrier's behalf complies with sections 318.2 to 318.4. S.M. 1988-89, c. 14, s. 16 ; S.M. 2001, c. 19, s. 39 ; S.M. 2013, c. 49, s. 25 ; S.M. 2018, c. 10, Sch. B, s. 112 ; S.M. 2023, c. 17, s. 13 ; S.M. 2025, c. 30, s. 10 . Definitions 318.10(1) In this section, "record" means a record regardless of physical form. Powers of investigation 318.10(2) To ensure compliance with this Act, The Drivers and Vehicles Act and the regulations under either of those Acts, an inspector or a person authorized in writing by the minister may without a warrant and upon presentation on request of identification at the time of entry (a) subject to subsections (3) and (4), enter the premises of a person at any reasonable time for the purpose of carrying out an inspection, audit or examination of the records of a motor carrier; (b) require the production for inspection, audit or examination of all records required to be kept by the motor carrier under this Act or the regulations and all other records including books of account, documents, vouchers, payrolls, records, letters, by-laws, minutes of directors' meetings, or documents that are or may be relevant to the inspection, audit or examination, and, if they are stored in electronic form, may require (i) the production of a copy, and (ii) where requested, the provision of the means of accessing the records and instruction and assistance in the use of those means for the purpose of the inspection, audit or examination of the records; (c) upon giving a receipt for them, remove any records and the means of accessing those records examined under clause (b) for the purpose of making copies or extracts of the records, but such copying must be carried out with reasonable speed and the records and the means of accessing those records must be promptly returned to the person who produced or furnished them; and (d) make any inquiry of any person separate or apart from another person that is or may be relevant to the inspection, audit or examination. Entry into dwelling 318.10(3) No person authorized under subsection (2) shall enter any room or place actually being used as a dwelling without the consent of the occupier except under the authority of a search warrant issued under The Provincial Offences Act . Search warrant 318.10(4) Where it appears that a person authorized under subsection (2) has been prevented from exercising a power set out in clauses (2)⁠(a) to (2)⁠(c), and despite any penalty for such non-compliance, an inspector or a person authorized in writing by the minister may without the consent of the occupier enter any room or place, and exercise the powers granted under subsection 318.10(2) under the authority of a search warrant issued under The Provincial Offences Act . Compellability of witness 318.10(5) No person authorized under subsection (2) is a compellable witness in a civil suit or proceeding respecting any information, material or statements acquired, furnished, obtained, made or received under the powers conferred under this Act except for the purpose of carrying out the person's duties under this Act. Production 318.10(6) No person authorized under subsection (2) shall be compelled or required to produce in a civil suit or proceeding any document, extract, report, material or statement acquired, furnished or obtained, made or received under the powers conferred under this Act except for the purposes of carrying out the person's duties under this Act. S.M. 1988-89, c. 14, s. 16 ; S.M. 2005, c. 37, Sch. B, s. 74 ; S.M. 2013, c. 47, Sch. A, s. 127 ; S.M. 2013, c. 49, s. 26 ; S.M. 2018, c. 10, Sch. B, s. 113 ; S.M. 2023, c. 17, s. 14 ; S.M. 2025, c. 30, s. 16 . 318.11 [Repealed] S.M. 1988-89, c. 14, s. 16 ; S.M. 2001, c. 19, s. 40 . PART VIII.1 TECHNOLOGY TESTING PERMITS Definitions 318.12 The following definitions apply in this Part. "automated driving system" means a system that performs dynamic driving tasks to operate a vehicle with limited or no need for any dynamic driving task to be performed by a human driver. (« système de conduite automatisée ») "automated vehicle" means a motor vehicle with an automated driving system. (« véhicule automatisé ») "drive" , in relation to an automated vehicle, includes causing the operation of the automated vehicle, with or without the automatic driving system being engaged. (« conduire ») "dynamic driving task" includes (a) a task required for the operational aspect of driving, such as steering, braking, accelerating and monitoring the vehicle and roadway; and (b) a task required for the tactical aspect of driving, such as responding to events and determining when to change lanes, turn or use signals; but does not include a task required for the strategic aspect of driving, such as determining destinations. (« tâche de conduite dynamique ») "technology testing permit" means a permit issued under section 318.13. (« permis d'essai de technologie ») "test vehicle" means a vehicle for which a technology testing permit has been issued. (« véhicule d'essai ») S.M. 2021, c. 22, s. 2 . Technology testing permits 318.13(1) The minister may, in accordance with the regulations, issue a technology testing permit to allow a test vehicle to be driven for the purpose of (a) testing a type of vehicle or vehicle technology; or (b) evaluating the safety or performance of a type of vehicle or vehicle technology. Content of permit 318.13(2) Subject to the regulations, a technology testing permit in respect of a test vehicle may address any of the following: (a) the training and licensing of the test vehicle's drivers; (b) the test vehicle's registration under The Drivers and Vehicles Act , or its identification by other means; (c) the insurance or other financial security required to drive the test vehicle; (d) the times, locations and circumstances under which the test vehicle may be driven; (e) reporting requirements under the permit. Exemption 318.13(3) Subject to the regulations, a technology testing permit may exempt a test vehicle or person from the application of a provision of this Act, The Drivers and Vehicles Act , The Off-Road Vehicles Act or of the regulations under any of those Acts. S.M. 2021, c. 22, s. 2 . Permit holder to comply 318.14 A person to whom a technology testing permit has been issued must comply with the terms and conditions of the permit. S.M. 2021, c. 22, s. 2 . Regulations re technology testing permits 318.15 The Lieutenant Governor in Council may make regulations (a) respecting the issuance of technology testing permits; (b) respecting terms or conditions to be included in a technology testing permit; (c) respecting the training and licensing of test vehicle drivers; (d) respecting the registration of test vehicles under The Drivers and Vehicles Act or their identification by other means; (e) respecting the insurance or other financial security required to drive a test vehicle; (f) limiting the times, locations or circumstances under which a test vehicle may be driven; (g) in the case of a test vehicle that is an automated vehicle, (i) deeming a person to be its driver for the purpose of any provision of this Act, The Drivers and Vehicles Act , The Off-Road Vehicles Act , The Manitoba Public Insurance Corporation Act or of the regulations under any of those Acts, and (ii) deeming that person to be performing any dynamic driving tasks performed by the vehicle's automated driving system; (h) respecting the reporting of collisions involving test vehicles; (i) respecting the application, addition, change or substitution of an Act or any regulation under an Act to give effect to a regulation under this Part; (j) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Part. S.M. 2021, c. 22, s. 2 . PART VIII.2 PILOT PROJECTS Pilot projects 318.16(1) The Lieutenant Governor in Council may, by regulation, establish or authorize a pilot project to evaluate any matter governed by this Act or the regulations. Pilot project may conflict 318.16(2) Under a pilot project, (a) any person or class of persons may be authorized to do something otherwise prohibited, or be exempted from having to do something otherwise required, under this Act or the regulations; and (b) the minister may be authorized or required to do anything not authorized or required under this Act or the regulations, or to do something that is authorized or required in a different manner than the manner that is authorized or required. Limit to classes 318.16(3) An authorization or requirement under a pilot project may be limited to (a) any class of persons or class or type of vehicles, equipment, devices or highways; (b) any geographic area; (c) any time of year or day; or (d) any specific use, matter or other thing. Regulation may create scheme or rules 318.16(4) A regulation for a pilot project may establish a scheme or rules for a pilot project and may, for that purpose, (a) prohibit or restrict the doing of anything or the use of any thing; and (b) govern the application of, or make an addition, change or substitution to, this Act or the regulations as they apply to the pilot project. S.M. 2022, c. 18, s. 4 . Insurance or financial security 318.17(1) A regulation for a pilot project may require a person or class of persons to carry insurance, or to provide financial security, of a type and in an amount specified. Insurance through Manitoba Public Insurance 318.17(2) A regulation for a pilot project may authorize the requirement for insurance or financial security to be fulfilled by way of a plan within the meaning of The Manitoba Public Insurance Corporation Act if The Manitoba Public Insurance Corporation has established such a plan. S.M. 2022, c. 18, s. 4 . Time limit 318.18 A regulation for a pilot project must state that the regulation is revoked on a specific date or after a specific period of time, which must not be more than ten years after the regulation comes into force. S.M. 2022, c. 18, s. 4 . Regulation prevails 318.19 Subject to the following provisions, if a regulation for a pilot project is inconsistent with any other enactment, the regulation for the pilot project prevails: (a) subsection 149.2(4) of The Drivers and Vehicles Act ; (b) subsection 44.1(4) of The Off-Road Vehicles Act . S.M. 2022, c. 18, s. 4 . PART IX REGULATIONS Regulations — general 319(1) The Lieutenant Governor in Council may make regulations (a) classifying vehicles for any purpose of the regulations; (b) exempting, with or without conditions, certain classes or types of vehicles or classes of persons from the operation of a provision of this Act or the regulations; (c) authorizing the registrar to exempt by permit, with or without conditions, certain vehicles, classes or types of vehicles or classes of persons from the operation of a provision of this Act or the regulations; (d) respecting applications to and the issuance of permits by the registrar; (e) prescribing fees for anything for which a fee is payable under this Act or the regulations; (f) respecting the terms and conditions of permits and authorizations and specifying which terms or conditions prevail in case of a conflict; (g) specifying the charges to be paid under The Drivers and Vehicles Act for (i) a dealer's permit, salesperson's permit or recycler's permit, or for renewing, amending or replacing such a permit, (ii) a driver training school permit or driving instructor's permit, or for renewing, amending or replacing such a permit, (iii) an inspection station permit or qualified mechanic's permit, or for renewing, amending or replacing such a permit, or (iv) any knowledge test that a person applying for a permit or a renewal may be required to take; (h) governing the circumstances in which a charge payable under this Act or The Drivers and Vehicles Act for inspecting and testing or re-inspecting and testing a motor vehicle, or both, and for the issuance of an inspection certificate must not exceed a maximum charge and prescribing the maximum charge; (i) [repealed] S.M. 2022, c. 13, s. 12 ; (j) respecting the making of reports and the filing of returns; (k) prescribing the costs and charges that a garage or storage place may impose for the storing of vehicles impounded under this Act, including setting different charges in different parts of the province; (l) respecting the records of distance that a person whose registration fee is prorated under an agreement or arrangement under subsection 4.3(3) must make and maintain, and the reports of distance that person must submit and when that person is required to submit them; (m) prescribing classes of persons and setting out conditions for the storage and transportation of cannabis in or on a vehicle for the purpose of clause 213.1(2)⁠(e); (n) prescribing one or more classes or subclasses of driver's licence for the purposes of subclause 265(8)⁠(b)⁠(ii) and clause 273(1.1)⁠(b); (o) defining any word or phrase used but not defined in this Act; (p) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act. Regulations — vehicle standards, equipment and safety 319(2) The Lieutenant Governor in Council may make regulations (a) prescribing the standards and specifications to which vehicles must conform; (b) respecting (i) standards of safety and repair of vehicles and parts of vehicles for the purposes of this Act and the regulations, and (ii) inspection procedures and criteria for determining compliance with the standards of safety and repair; (c) requiring every vehicle driven or towed on a highway, or equipment or devices equipped or carried on a vehicle driven or towed on a highway, to be in proper working order and in safe operating condition; (d) respecting the lighting and use of lamps on vehicles, including (i) requiring or permitting vehicles to be equipped with specific lamps, (ii) prohibiting or restricting vehicles from being equipped with specific lamps, (iii) prescribing the times when and manner in which certain lamps must be used or may not be used, (iv) prescribing standards and requirements to be met by vehicle lamps, and (v) authorizing the minister or the registrar to issue permits, with or without conditions, for a vehicle to be equipped with certain lamps, or allowing certain lamps to be operated on a highway; (e) requiring vehicles to be equipped with or carry specified equipment or devices, and prescribing the standards to which the equipment or devices must conform; (f) prohibiting or restricting vehicles from being equipped with or carrying specified equipment or devices or equipment and devices that do not conform to a prescribed standard, and regulating or prohibiting the sale or use of vehicles equipped with such equipment or devices; (g) regulating the use or operation of specified equipment or devices in or on vehicles; (h) authorizing the minister or the registrar to issue permits, with or without conditions, allowing (i) a vehicle to be equipped with or carry equipment or devices otherwise prohibited or restricted under the Act or the regulations, and (ii) allowing the use of equipment or devices in or on a vehicle on a highway otherwise prohibited or restricted under the Act or the regulations; (i) requiring the owner or driver of a vehicle being driven or towed on a highway to produce to a peace officer for inspection any equipment or device equipped or carried in or on the vehicle for the purpose of assessing whether the equipment or device is required, restricted, prohibited, or in safe operating condition; (j) regulating the operation of vehicles and combinations of vehicles and prohibiting their unsafe operation; (k) prohibiting or regulating specified alterations of vehicles, and prohibiting or regulating the use of altered vehicles; (l) prohibiting or restricting the tampering with, or disconnection or removal of, the odometer of a motor vehicle, changing the number of kilometres or miles shown on the odometer, or doing anything that causes or may cause the odometer to give an inaccurate distance reading; (m) respecting the manner of loading, covering and securing loads on vehicles; (n) respecting livestock partitions; (o) prescribing the equipment that is required by a tow truck, respecting the classification of tow trucks by size of load which they are equipped to tow, respecting the inspection of tow trucks and their equipment, prescribing minimum insurance to be carried by tow trucks according to their classification, and prescribing rules governing the operation of tow trucks at the scene of an accident; (p) exempting certain persons, classes of persons or members of certain groups or organizations from the requirements of part or all of the provisions of section 186 or 187. Regulations — rules of the road 319(3) The Lieutenant Governor in Council may make regulations (a) prescribing times when a vehicle or class of vehicles is prohibited from being driven on a highway or portion of a highway; (b) prohibiting a vehicle or class of vehicles from being driven on a highway or portion of a highway; (c) prescribing the maximum speed at which a vehicle or class of vehicles may be driven over any bridge, causeway or viaduct; (d) prescribing that, on any portion of a highway in unorganized territory, vehicles or a class of vehicles must yield the right of way to other vehicles or a class of vehicles; (d.1) respecting the use and placement of temporary traffic control devices by the operator of a roadside assistance vehicle; (e) prescribing vehicles for the purpose of the definition "designated vehicle" in subsection 109.1(1); (f) prescribing (i) classes of motor vehicles that are not included in the definition "roadside assistance vehicle" in subsection 109.1(1), and (ii) activities that, when carried out by a motor vehicle in the class, exclude the motor vehicle from that definition; (g) prescribing roadside assistance, enforcement and other activities for the purpose of subsection 109.1(2); (h) respecting the use of highways for aircraft landings and takeoffs; (i) prescribing the lights and other traffic control devices, and the lines or other markings on the surface of roadways, required to designate a pedestrian corridor. Regulations — regulated vehicles and commercial transport 319(4) The Lieutenant Governor in Council may make regulations (a) excluding a motor vehicle or trailer or class of motor vehicle or trailer from the definition "regulated vehicle" in subsection 1(1); (b) exempting any class or subclass of regulated vehicle from any requirement of the Act or the regulations; (c) respecting the placement of advance warning devices required under section 217; (d) prescribing the words to be used to identify highway traffic inspection stations; (e) describing the circumstances in which a motor carrier is considered to be related to another motor carrier for the purpose of the definition "related motor carrier" in section 312.1; (f) respecting safety fitness certificates and safety fitness ratings, including (i) the information that a motor carrier applying for a safety fitness certificate or the renewal of a safety fitness certificate must submit to a director, (ii) the assignment of safety fitness ratings, (iii) the eligibility criteria for the issuance of a safety fitness certificate, including required insurance coverage, (iv) the reasons for which a safety fitness certificate may be refused or suspended, and (v) the term of validity of a safety fitness certificate; (g) respecting the form, content and use of bills of lading when transporting goods on a highway for compensation; (g.1) respecting the qualifications of a compliance officer designated by a motor carrier under section 318.5; (g.2) respecting information that a motor carrier must ensure is displayed on a regulated vehicle; (g.3) respecting records a motor carrier must keep under Part VIII; (h) prescribing uniform conditions of carriage deemed to form part of a contract of carriage in respect of goods transported on a highway; (i) respecting weight tolerances for regulated vehicles; (j) respecting the inspection and testing of regulated vehicles and the use of certificates and decals in respect of such inspections or tests; (k) respecting the recognition of regulated vehicle inspection programs, certificates and decals from jurisdictions outside Manitoba; (l) respecting the safe condition and operation of regulated vehicles, including (i) prescribing for the purposes of subsection 265.1(3) the period or the manner of determining the period, not exceeding 72 hours, for which a licence may be suspended, (ii) for the purposes of subclause 318.1(3)⁠(b)⁠(v) or 322.1(1)⁠(b)⁠(v) or clause 322.2(1)⁠(b), prescribing Acts and regulations (A) of Manitoba, the Parliament of Canada or the legislature of another province or a territory, (B) of the United States of America or a state, district or territory of the United States of America, or (C) of another country, or a political subdivision of another country, with which the government has a subsisting arrangement or reciprocal agreement under subsection 31.1(1), (iii) [repealed] S.M. 2025, c. 30, s. 12 ; (iv) respecting inspections and inspection reports to be made and the persons to whom reports are to be provided, (v) respecting records to be made, kept and produced, (vi) respecting hours of service which drivers are permitted to provide under this Act, (vii) authorizing a designated employee of the department to issue, with or without conditions, a permit exempting a motor carrier, or a class of motor carriers, from the application of a regulation made for the purpose of subclauses (v) and (vi), and (viii) respecting permits under subclause (vii), including prescribing the maximum period for which a permit may be issued, prescribing eligibility criteria, governing the process for obtaining a permit and governing the suspension or cancellation of a permit. Regulations — school buses 319(5) The Lieutenant Governor in Council may make regulations (a) designating classes or types of motor vehicle that may be used as a school bus; (b) prescribing standards for school buses and their equipment; (c) requiring school buses to be equipped with warning lamps, warning systems and safety devices, and respecting the use of such lamps and devices and the standards to which they must conform. Regulations — agricultural equipment and infrastructure equipment 319(6) The Lieutenant Governor in Council may make regulations (a) respecting the travel of agricultural equipment or infrastructure equipment on a highway, including specifying (i) the maximum dimensions and weight of the equipment or its wheels, and (ii) required, permitted, restricted and prohibited lighting and equipment; (a.1) prescribing vehicle types and uses for the purpose of the definitions "agricultural equipment" and "infrastructure equipment" in subsection 1(1); (b) respecting the use of pilot or escort vehicles in relation to agricultural equipment; (c) prescribing a minimum policy limit for the purpose of clause 226(1.2)⁠(c). Regulations — motorcycles and mopeds 319(7) The Lieutenant Governor in Council may make regulations (a) prescribing standards for motorcycles that may be registered under The Drivers and Vehicles Act , including prescribing minimum heights, minimum speed capabilities and required equipment; (b) prescribing standards and procedures for the purpose of determining whether a vehicle is a moped; (c) requiring the driver of a motorcycle or moped to have the motorcycle's or moped's headlamps or tail lamps lighted at all times. Regulations — bicycles and power-assisted bicycles 319(8) The Lieutenant Governor in Council may make regulations (a) prescribing standards, specifications and equipment required for bicycles operating on a highway; (b) prohibiting or restricting the sale or use of bicycles and equipment for bicycles that do not meet prescribed standards; (c) prohibiting or restricting the operation of bicycles on a highway or a portion of a highway; (d) respecting protective helmets for persons driving or riding on bicycles or power-assisted bicycles, or riding on or being towed in things attached to or towed by bicycles, including prescribing suitable helmets for the purpose of section 145.0.1; (e) prescribing how bicycles or power-assisted bicycles are to be operated on highways or, with or without conditions, exempting any of them from the application of a provision of this Act. Regulations — low-speed vehicles 319(9) The Lieutenant Governor in Council may make regulations (a) permitting zero-emission and other low-speed vehicles to be driven on highways; (b) establishing rules of the road for low-speed vehicles; (c) restricting low-speed vehicles to certain types of highways, including highways with a specified maximum speed. Regulations — transportation of hazardous commodities 319(10) The Lieutenant Governor in Council may make regulations (a) respecting the transportation of hazardous commodities on a highway; (b) designating a product as a hazardous commodity for the purpose of section 181; (c) adopting any provision of the Transportation of Dangerous Goods Act (Canada), or any regulation made under that Act, as a regulation under this Act applying to and in respect of any matter, situation or circumstance within the jurisdiction of the Legislature. Regulations — offences and enforcement 319(11) The Lieutenant Governor in Council may make regulations (a) prescribing for the purposes of subsection 242.1(3) (i) the costs and charges payable to the garage keeper on account of the towing, transportation, care, storage, disposition and other related matters or the manner in which those costs and charges are to be determined, (ii) the costs and charges payable to the Minister of Finance on account of administration or the manner in which those costs and charges are to be determined, and (iii) the persons who are authorized to receive costs and charges on behalf of the Minister of Finance and who are required to remit those costs and charges to that minister and the manner in which the receipt and remission of the costs and charges is to take place; (b) respecting the seizure, impoundment and disposition of motor vehicles under section 242.4, including prescribing the costs and charges payable to a garage keeper on account of the towing, transportation, care, storage and disposition of a motor vehicle and other related matters, or the manner in which those costs and charges are to be determined; (c) respecting image capturing enforcement systems and their use, including (i) prescribing types of image capturing enforcement systems, (ii) prescribing what constitutes a particular type of image capturing enforcement system and governing the features and functions that it must or may have or be able to carry out, (iii) approving specified image capturing enforcement systems by name or other description, and governing how approved systems may be referred to in certificates under subsection 257.3(2) and other documents, or in evidence in relation to an alleged offence under subsection 88(7) or (9), subsection 95(1) or clause 134(2)⁠(b) or (c), (iv) authorizing individual municipalities, and peace officers on behalf of individual municipalities or the government, to use image capturing enforcement systems, (v) governing the use of image capturing enforcement systems by municipalities and by peace officers on behalf of municipalities or the government, and (vi) prescribing what constitutes a construction zone, playground zone or school zone for the purposes of subsection 257.1(2); (d) prescribing, for the purpose of subsection 257.2(1), information to be displayed on or appended to a reproduction on paper of an image obtained through the use of an image capturing enforcement system or any specified image capturing enforcement system relating to an alleged offence under subsection 88(7) or (9), subsection 95(1) or clause 134(2)⁠(b) or (c); (e) respecting the issuance of notices to the registrar under section 273.6, including prescribing circumstances when a notice is not to be sent to the registrar; (f) for the purpose of the definition "prescribed offence" in subsection 273.6(1), prescribing offences under the Criminal Code and the Controlled Drugs and Substances Act (Canada); (g) respecting the manner of surrendering a licence, permit or registration card issued in electronic format. Regulations — traffic authorities and municipalities 319(12) The Lieutenant Governor in Council may make regulations (a) for the purposes of clause 90(1)⁠(o), prescribing any matter in respect of which a traffic authority may make a rule or by-law; (b) respecting the manner in which a rule or by-law may be indicated or made known for the purpose of subsection 90(5); (c) respecting the terms and conditions under which a traffic authority may fix a speed limit; (d) prescribing requirements that a rule or by-law made by a traffic authority to fix a speed limit must comply with, including prescribing a form of rule or by-law that must be used. Regulations — motor carrier enforcement officers 319(12.1) The Lieutenant Governor in Council may make regulations (a) prescribing training for new motor carrier enforcement officers and ongoing training requirements for current motor carrier enforcement officers; (b) respecting uniforms used by motor carrier enforcement officers; (c) respecting equipment that may be used by motor carrier enforcement officers and governing the use of the equipment. Adopting codes, standards and other regulations 319(13) The power to make a regulation under this Act may be exercised by adopting, by reference, all or part of a code, standard or regulation made by any other government in Canada or the United States, or by a non-governmental body. The code, standard or regulation may be adopted as amended from time to time and subject to any changes that the Lieutenant Governor in Council or the minister considers necessary. Application of regulations 319(14) A regulation under this Act may be general or particular in its application and apply in whole or in part (a) to one or more classes of vehicles; (b) to one or more classes of persons; (c) to any part of the province; and (d) at all times or during certain times of the year or the day only. S.M. 1986-87, c. 14, s. 48 and 49; S.M. 1987-88, c. 23, s. 24 ; S.M. 1988-89, c. 14, s. 17 ; S.M. 1989-90, c. 4, s. 14 ; S.M. 1989-90, c. 7, s. 18 ; S.M. 1989-90, c. 55, s. 13 ; S.M. 1989-90, c. 56, s. 46 ; S.M. 1991-92, c. 25, s. 62 ; S.M. 1992, c. 12, s. 5 ; S.M. 1994, c. 4, s. 29 ; S.M. 1995, c. 31, s. 15 ; S.M. 1996, c. 19, s. 7 ; S.M. 1997, c. 37, s. 35 ; S.M. 1997, c. 38, s. 8 ; S.M. 2001, c. 7, s. 25 ; S.M. 2001, c. 19, s. 41 ; S.M. 2002, c. 1, s. 9 ; S.M. 2002, c. 40, s. 37 ; S.M. 2004, c. 8, s. 8 ; S.M. 2004, c. 11, s. 13 ; S.M. 2004, c. 30, s. 37 ; S.M. 2005, c. 37, Sch. B, s. 75 ; S.M. 2008, c. 17, s. 22 ; S.M. 2008, c. 36, s. 45 ; S.M. 2010, c. 7, s. 4 ; S.M. 2011, c. 39, s. 7 ; S.M. 2012, c. 7, s. 11 ; S.M. 2012, c. 34, s. 6 ; S.M. 2012, c. 39, s. 4 ; S.M. 2013, c. 47, Sch. A, s. 127 ; S.M. 2013, c. 49, s. 27 ; S.M. 2013, c. 54, s. 42 ; S.M. 2014, c. 32, s. 12 ; S.M. 2017, c. 22, s. 15 ; S.M. 2018, c. 10, Sch. B, s. 114 ; S.M. 2021, c. 30, s. 16 ; S.M. 2022, c. 13, s. 12 ; S.M. 2022, c. 39, s. 33 ; S.M. 2023, c. 17, s. 15 ; S.M. 2025, c. 30, s. 12 ; S.M. 2025, c. 34, s. 9 ; S.M. 2026, c. 37, s. 37 . 320(1) to (4) [Repealed] S.M. 2005, c. 37, Sch. B, s. 76 . Approval of equipment by minister 320(5) Notwithstanding any other provisions of this Act, the minister may approve equipment of vehicles with which vehicles are required to be equipped if that equipment is listed as being approved by the Canadian Standards Association or the American Association of Motor Vehicle Administrators, or the equipment complies with any applicable standard prescribed by regulations made under the Motor Vehicle Safety Act (Canada); but no equipment shall be approved that is of the type or design that it would conflict with any requirements of this Act or the regulations made thereunder. S.M. 1994, c. 4, s. 30 ; S.M. 1997, c. 37, s. 36 ; S.M. 2005, c. 37, Sch. B, s. 76 . PART X APPOINTMENTS AND MISCELLANEOUS Order extending powers of local government district 321(1) The Lieutenant Governor in Council, by order in council, may order that a local government district, designated in the order, or such portion thereof as is so designated, shall be deemed to be a municipality for the purposes of this Act, or such portion thereof as is stated in the order. Exercise of powers conferred 321(2) Upon the coming into force of an order in council made under subsection (1), the local government district, or the portion thereof, designated in the order shall be deemed to be a municipality for the purposes of this Act, or such portion thereof as is stated in the order; and the resident administrator of that local government district may thereafter, by by-laws applicable to the whole of the local government district or the designated portion thereof, exercise the powers conferred, under this Act or the portion thereof stated in the order, upon the council of a municipality, including the powers conferred upon it as a traffic authority. RECORDS Records of accidents and convictions 322(1) The registrar may, if he or she considers it necessary to carry out the purposes of this Act and the regulations, maintain records respecting drivers who (a) have been involved in accidents; (b) have been convicted of a contravention of any provision of this Act or the regulations under this Act; (c) have been convicted of an offence under the Criminal Code , whether the sentence or other disposition for the conviction is or was under the Criminal Code , the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada); (d) have been convicted of an offence in any province or territory of Canada, in any state of the United States or in the District of Columbia, or in any country or any political subdivision of a country with which the government has a subsisting arrangement or reciprocal agreement under subsection 31.1(1), the tenor of which the registrar deems to be analogous to an offence under this Act or the Criminal Code of Canada; or (e) have had their licences suspended or cancelled, or have been refused licences or licence renewals, disqualified from holding licences, or disqualified or prohibited from driving motor vehicles on highways or operating off-road vehicles. Search of records 322(2) Subject to subsections (3) to (3.2), the registrar may, upon request, cause a search to be made of any records maintained by him or her and furnished to any person (a) particulars of motor vehicles registered under this Act or of drivers' licences issued under this Act; or (b) a certified abstract of the driving records of drivers required to be maintained by him or her; and the person making the request shall pay for each search or certified abstract furnished to him or her the fee prescribed in the regulations. Limitation on furnishing information 322(3) The registrar shall not, without written authorization given to him or her by the person about whom the inquiry is being made, or by order of a justice, furnish to any person information (a) contained in a supplementary report of an accident required by the registrar to be made; or (b) contained in a report about an offence under the Criminal Code for which the convicted person received a sentence or other disposition under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada); (c) contained in a report furnished to the registrar by a duly qualified medical practitioner or optometrist; or (d) contained in a report furnished to the registrar by a recognized agency or person engaged in the diagnosis and treatment of persons suffering from alcoholism or drug addiction; or (e) furnished by drivers in confidence to the registrar. Interpretation of subsection (3) 322(3.1) In subsection (3), "person about whom the inquiry is being made" does not include a person acting in the capacity of a trustee as defined in The Personal Health Information Act . Limitation on access to information about self 322(3.2) The registrar shall not permit a person to examine or copy information about the person that is in the registrar's possession if (a) knowledge of the information could reasonably be expected to endanger the mental or physical health or the safety of the person or another person; or (b) disclosure of the information could reasonably be expected to identify a third party, other than a trustee, as defined in The Personal Health Information Act , who supplied the information under circumstances in which confidentiality was reasonably expected. Registrar may disclose medical information on appeal 322(4) Notwithstanding subsections (3), (3.1) and (3.2), where a person makes an appeal to the medical review committee or the appeal board and the registrar has medical information furnished to them by a duly qualified medical practitioner or optometrist, the registrar may furnish that information to the medical review committee, the appeal board or a judge of a court of competent jurisdiction, as the case may require without the consent of the person who is the subject of the medical information. 322(5) to (7) [Repealed] S.M. 2008, c. 36, s. 45 . Disclosure of information for tickets 322(8) Despite subsection (3), the registrar may, for the purpose of producing tickets for offences under any of the provisions mentioned in clause 257.1(1)⁠(a) (image capturing enforcement), disclose personal information about vehicle owners from his or her records of vehicle registrations to a person who has a contract to produce the tickets for a municipality, or for a police force acting on behalf of a municipality or the government. 322(9) and (10) [Repealed] S.M. 2005, c. 37, Sch. B, s. 87 . S.M. 1986-87, c. 14, s. 50 ; S.M. 1989-90, c. 4, s. 15 ; S.M. 1989-90, c. 55, s. 14 and 15; S.M. 1993, c. 42, s. 7 ; S.M. 1998, c. 26, s. 5 ; S.M. 2001, c. 7, s. 26 ; S.M. 2002, c. 1, s. 10 ; S.M. 2004, c. 30, s. 38 ; S.M. 2005, c. 37, Sch. B, s. 77 and 87; S.M. 2008, c. 36, s. 45 ; S.M. 2013, c. 47, Sch. A, s. 127 ; S.M. 2014, c. 32, s. 12 ; S.M. 2021, c. 15, s. 92 ; S.M. 2022, c. 13, s. 14 . Safety compliance records of motor carriers 322.1(1) The minister must maintain a record for every motor carrier under Part VIII containing the following information: (a) particulars of traffic accidents required to be reported under this Act involving regulated vehicles operated by the motor carrier; (b) convictions against the motor carrier and drivers engaged by the motor carrier, and penalties imposed on any of them, for offences arising from operating or having care or control of a regulated vehicle under the following: (i) The Highway Traffic Act and regulations or any similar Act and regulations of the legislature of a province or territory, (i.1) The Drivers and Vehicles Act and regulations or any similar Act and regulations of the legislature of a province or territory, (ii) the Criminal Code , (iii) the Transportation of Dangerous Goods Act (Canada), The Dangerous Goods Handling and Transportation Act and regulations and any other similar Act and regulations of the legislature of a province or territory, (iv) any Acts or regulations similar to those described in subclauses (i) to (iii) of a state, district or territory of the United States of America, (v) any Act or regulation prescribed by regulation, (vi) any by-law made by a traffic authority that relates to the weight or dimensions of regulated vehicles on highways or the required routes of travel for regulated vehicles; (c) the cancellation or suspension of the driver's licence or out-of-province driving permit of a driver engaged by the motor carrier, or the prohibition of such a driver from driving, under any of the Acts or regulations described in clause (b); (d) [repealed] S.M. 2013, c. 49, s. 29 ; (e) safety inspections of regulated vehicles under this Act or The Drivers and Vehicles Act or a regulation under either of those Acts in consequence of which an inspector or other peace officer, a qualified mechanic, the registrar or any person authorized by the registrar directed the motor carrier to take remedial action or remove the vehicle from service; (f) the results of inspections of the motor carrier's records under section 318.10; (g) [repealed] S.M. 2018, c. 10, Sch. B, s. 115 ; (h) when the motor carrier registers a regulated vehicle in Manitoba, records respecting the motor carrier comparable to those described in clauses (e) and (f) made available to the minister by a government of a province or territory of Canada or a state, district or territory of the United States of America; (i) instances where the motor carrier fails to maintain satisfactory evidence of compliance with applicable insurance and bonding requirements prescribed by this Act or the regulations. 322.1(2) [Repealed] S.M. 2023, c. 17, s. 16 . Safety and compliance measures 322.1(3) If, after conducting a review, in accordance with the regulations, of a motor carrier's record maintained under subsection (1), a director appointed under subsection 322.4(1) is of the opinion that it is reasonably necessary to prevent the motor carrier from operating in an unsafe manner, the director may do one or more of the following: (a) order the motor carrier to do such things as the director considers reasonably necessary to improve compliance, including any one or more of the following: (i) to submit to one or more audits of the motor carrier's operations by a third party auditor designated by the director, (ii) to limit the size of the motor carrier's fleet, (iii) to institute a safety plan acceptable to the director, (iv) to retain an auditor at the motor carrier's expense to develop a safety plan for the purposes of subclause (iii), or any similar thing; (b) adjust the motor carrier's safety fitness rating; (c) suspend or revoke the motor carrier's safety fitness certificate; (d) impose a monetary penalty of not more than $25,000 on the motor carrier. Registrar to be notified of suspension or revocation 322.1(3.1) A director who suspends or revokes a safety fitness certificate under clause (3)⁠(c) or for another reason under subsection 312.2(8) must notify the registrar of the suspension or revocation. Registrar must cancel registration 322.1(3.2) Upon receipt of a notification under subsection (3.1), the registrar must cancel the registration of any vehicles operated under the suspended or revoked safety fitness certificate and any trailer registered to the motor carrier that has a GVWR of 4,500 kg or greater. 322.1(4) [Repealed] S.M. 2013, c. 49, s. 29 . Appeal to appeal board 322.1(5) A motor carrier may appeal any of the following decisions of a director to the appeal board within 30 days after the decision is made: (a) assigning the motor carrier a safety fitness rating under subsection 312.2(5); (b) refusing to issue a safety fitness certificate under subsection 312.2(7); (c) suspending or revoking a safety fitness certificate under subsection 312.2(8); (d) taking action under subsection (3). Stay of decision 322.1(5.1) The appeal does not stay the director's decision unless (a) the director's decision states that it is stayed by an appeal to the appeal board; or (b) the appeal board grants a stay pending the outcome of the appeal. Right to make submissions 322.1(5.2) When hearing the appeal, the appeal board must provide the appellant and the director with an opportunity to present evidence and make submissions, in person or through legal counsel. Application of appeal board provisions 322.1(5.3) The following provisions apply, with necessary changes, to the hearing of the appeal: (a) subsections 279(5) to (7) (making an appeal); (b) subsections 279(9) to (12) (evidence); (c) subsections 279(14) to (17) (hearing); (d) subsection 279(28) (waiver or refund of charge); (e) subsection 279(30) (failure to appear); (f) subsection 279(33) (decision). A reference to "the registrar" in any of these provisions is to be read as "the director". Appeal board's powers on appeal 322.1(6) After hearing the appeal, the appeal board may confirm the director's decision, quash the decision or vary it in any manner the appeal board considers appropriate. Third party auditor qualifications and procedures 322.1(7) The minister may establish the qualifications that a third party auditor must have for the purposes of clause 322.1(3)⁠(a) and the audit procedures that every auditor must follow. Minister may adopt by reference 322.1(8) In establishing the qualifications or procedures, the minister may adopt by reference, in whole or in part, a code, standard or regulation made by any other government in Canada or the United States, or a code or standard made by a non-governmental body. Minister may cancel designation 322.1(9) The minister may cancel a third party auditor's designation if he or she does not have the established qualifications or fails to follow the established audit procedures. Safety fitness rating must not be misrepresented 322.1(10) A motor carrier must not advertise or claim that the motor carrier has a Manitoba safety fitness rating that is different from their current rating. Prohibition on operating when safety fitness rating unsatisfactory 322.1(11) A motor carrier must not operate a regulated vehicle in Manitoba if the motor carrier has an unsatisfactory safety fitness rating under this section. Restriction respecting senior officers 322.1(12) A motor carrier must not have or employ a director, officer, manager or other person in a position of responsibility who, within the year before his or her appointment or employment, served or was employed in any of those capacities with, or was the proprietor of, a motor carrier that had an unsatisfactory safety fitness rating. S.M. 1988-89, c. 14, s. 18 ; S.M. 1999, c. 13, s. 13 ; S.M. 2001, c. 19, s. 42 ; S.M. 2002, c. 40, s. 38 ; S.M. 2005, c. 37, Sch. B, s. 78 ; S.M. 2013, c. 49, s. 29 ; S.M. 2018, c. 10, Sch. B, s. 115 ; S.M. 2018, c. 19, s. 2 ; S.M. 2022, c. 13, s. 15 ; S.M. 2023, c. 17, s. 16 ; S.M. 2025, c. 30, s. 13 ; S.M. 2026, c. 37, s. 37 . Commercial driver records 322.2(1) Without limiting the generality of section 322, the registrar may maintain separate records respecting drivers who are licensed to drive public service vehicles or regulated vehicles that are not public service vehicles and who (a) while driving such a vehicle, have been involved in an accident;

(b) in relation to driving such a vehicle, have been convicted of a violation of any provision of this Act or the regulations under it, or of another Act or regulation prescribed by regulation; or (c) have had their licences suspended or cancelled, or have been refused licences or licence renewals, disqualified from holding licences, or disqualified or prohibited from driving motor vehicles on highways or operating off-road vehicles. Application of subsections 322(2) to (3.2) 322.2(2) Subsections 322(2) to (3.2) apply, with necessary changes, to records the registrar maintains under subsection (1). S.M. 2002, c. 40, s. 39 ; S.M. 2013, c. 49, s. 30 . SPECIFICATION OF GVWR BY REGISTRAR Specification of GVWR by registrar 322.3 The registrar may specify the GVWR of a vehicle for any purpose of this Act or the regulations if (a) the vehicle's manufacturer does not specify the GVWR; or (b) the GVWR specified by the vehicle's manufacturer is not known and cannot be determined. S.M. 2013, c. 49, s. 31 . APPOINTMENT OF OFFICERS Appointment of directors 322.4(1) One or more directors may be appointed under Part 3 of The Public Service Act for the purpose of administering and enforcing Part VIII. Appointment of inspectors 322.4(2) The minister may appoint persons or classes of persons as inspectors for the purpose of enforcing this Act and the regulations. S.M. 2025, c. 30, s. 14 . Designation of motor carrier enforcement officers 322.5(1) The minister may designate an inspector who is an employee of the department and who meets the training requirements prescribed in the regulations as a motor carrier enforcement officer. Role of motor carrier enforcement officers 322.5(2) The primary responsibility of a motor carrier enforcement officer is to ensure motor carriers and drivers of regulated vehicles comply with this Act and the regulations and, in particular, Part VIII of this Act. Authority to arrest 322.5(3) While carrying out their duties, a motor carrier enforcement officer who finds a person committing an indictable offence may, without a warrant, arrest the person. The officer must forthwith deliver the person to a police officer. S.M. 2025, c. 30, s. 14 . Protection from liability 323 No action or proceeding may be brought against the minister, a director, a motor carrier enforcement officer, an inspector or any other person acting under the authority of this Act or the regulations for anything done or not done, in good faith, in the exercise or intended exercise of a power or duty under this Act. S.M. 1987-88, c. 23, s. 25 ; S.M. 1988-89, c. 14, s. 19 ; S.M. 1997, c. 37, s. 37 ; S.M. 2004, c. 30, s. 39 ; S.M. 2005, c. 37, Sch. B, s. 79 and 87; S.M. 2018, c. 10, Sch. B, s. 116 ; S.M. 2021, c. 11, s. 65 ; S.M. 2023, c. 17, s. 17 ; S.M. 2025, c. 30, s. 15 . Delegation of authority to register 323.1(1) The registrar may (a) authorize any person to register motor vehicles and trailers and to issue registration cards, permits, number plates, licences, validation stickers and registration class stickers; (b) define the duties and powers of those persons; and (c) when the salary is not otherwise provided, fix the fee to be paid to each person so authorized for each registration card, permit, number plate or set of number plates, licence, validation sticker or registration class sticker issued by that person. Payment for lost plates, etc. 323.1(2) If a person authorized under subsection (1) loses or is otherwise unable to account for a registration card, permit, number plate or set of number plates, licence, validation sticker or registration class sticker that was furnished to the person by the registrar, the registrar may assess the person in respect of any of those items that is lost or unaccounted for an amount that the registrar considers reasonable and just and that amount is a debt due to the Crown, and the registrar may set off that amount against any fee payable to that person under subsection (1). S.M. 1994, c. 4, s. 31 ; S.M. 1997, c. 37, s. 38 ; S.M. 2001, c. 7, s. 27 ; S.M. 2005, c. 37, Sch. B, s. 80 . Certificate of registrar as proof 324(1) A certificate purporting to be signed by the registrar and certifying as to any matter of record in his office is admissible in evidence in any action or proceedings in any court, or in any matter before any board, commission, or other body, as prima facie proof of the matter therein certified, without proof of the signature of the registrar. Signature of registrar 324(2) An engraved, lithographed, printed or otherwise mechanically or electronically reproduced signature or facsimile signature of the registrar is a sufficient authentication of a certificate, whether or not the signature was on the document that becomes the certificate before the matter of record was indicated on that document. S.M. 1994, c. 4, s. 32 . Reproduced signature of former registrar 324.1 The signature of the registrar that is engraved, lithographed, printed or electronically or otherwise reproduced on a licence, permit, notice, certificate or other document is for all purposes the signature of the registrar notwithstanding that the person whose signature is so reproduced no longer holds the office of registrar. S.M. 1997, c. 37, s. 39 . Authority to act for minister 325 The minister may authorize any employee of the department over which the minister presides to perform and exercise in the minister's place any of the duties imposed or powers conferred on the minister by this Act, The Off-Road Vehicles Act or the regulations under either of those Acts. S.M. 2005, c. 37, Sch. B, s. 81 . Designation of designated person 325.1 The Minister of Justice may designate one or more employees of the Department of Justice to act as a designated person for the purposes of any or all of sections 242.1 to 242.4. S.M. 2004, c. 11, s. 14 . 326 [Repealed] S.M. 1991-92, c. 41, s. 33 ; S.M. 1999, c. 13, s. 14 ; S.M. 2013, c. 39, Sch. A, s. 61 ; S.M. 2018, c. 10, Sch. B, s. 117 . Inspection at regular intervals 327 The minister may require regulated vehicles or any prescribed subclass of regulated vehicle to be inspected at regular intervals as provided in the regulations. S.M. 1986-87, c. 14, s. 52 and 53; S.M. 1987-88, c. 23, s. 26 to 28; S.M. 1989-90, c. 56, s. 47 ; S.M. 1991-92, c. 25, s. 65 ; S.M. 1994, c. 4, s. 33 ; S.M. 1997, c. 37, s. 40 ; S.M. 2005, c. 37, Sch. B, s. 82 ; S.M. 2018, c. 10, Sch. B, s. 118 . 328 [Repealed] S.M. 1987-88, c. 23, s. 29 . DECLARATIONS, AFFIDAVITS AND NOTICES Taking of declarations or affidavits 329 Declarations or affidavits required for any purpose under this Act may be taken before any person having authority to administer oaths or before any person specially authorized for that purpose by the Lieutenant Governor in Council; but any person so specially authorized shall not charge any fee therefor. Method of giving notice 330 When, under this Act, a notice of anything is required or authorized to be given to any person and the method of giving notice is not specified, the notice must be in writing, and the person required or authorized to give it must do so (a) by serving the notice personally on the person to be given the notice; (b) by mailing or delivering the notice to that person at the address last known to the person giving the notice, using a mail or delivery service that provides the person giving the notice with an acknowledgment of receipt; (c) if the person has provided the sender with an e-mail address for the delivery of notices under this Act, by sending it to that e-mail address; or (d) by sending it in accordance with a method specified by regulation. S.M. 2018, c. 29, s. 17 . Evidence of receipt by registered mail 330.1 Evidence that a notice or other document has been given under this Act in accordance with the method described in clause 330(b) and that the sender has received an acknowledgment of its receipt is proof, in the absence of evidence to the contrary, that the notice or document has been received by the person to whom it is addressed. S.M. 2018, c. 29, s. 17 . Evidence of receipt by e-mail 330.2(1) Subject to subsection (2), evidence that a notice or other document has been given under this Act in accordance with the method described in clause 330(c) is proof, in the absence of evidence to the contrary, that the notice or document has been received by the person to whom it is addressed on the seventh day after the day the notice is sent. E-mail notice not received 330.2(2) A notice given in accordance with the method described in clause 330(c) is considered not to have been received by the person to whom it is addressed if (a) sending the notice triggers an automated response indicating that the notice is not deliverable; or (b) before the notice was sent, the person has notified the sender in writing that the e-mail address may no longer be used for such notices. S.M. 2018, c. 29, s. 17 . Regulations respecting notices 330.3 The Lieutenant Governor in Council may make regulations (a) respecting the method of giving any notice or document, including additional electronic methods, for the purpose of clause 263.1(10)⁠(d), 263.2(13)⁠(c), 265.2(9)⁠(d), 273(3)⁠(d), 273.2.1(3)⁠(d), 273.3(3)⁠(d), 276(2)⁠(d) or 330(d); (b) specifying the time at which such a notice or document is presumed to have been given. S.M. 2018, c. 12, s. 10 ; S.M. 2018, c. 29, s. 17 . CHARGES FOR SERVICES Persons must pay charge to obtain services 331(1) Despite any other provision of this Act requiring the payment of a fee, a person who applies for, requests or obtains a service under this Act, The Drivers and Vehicles Act or a regulation under either Act must pay (a) the charge for the service that is specified in the regulations under this Act; or (b) if a method of calculating the charge is specified in the regulations under this Act, the charge calculated in accordance with it. Services covered by subsection (1) 331(2) Subsection (1) applies to all services available under this Act, The Drivers and Vehicles Act or a regulation under either Act, including, but not limited to, (a) drivers' licences, and renewing, replacing and reinstating drivers' licences; (b) vehicle registrations and replacements of registration cards, registration permits and number plates; (c) permits authorizing the operation of overweight or overdimensional vehicles, regulated vehicles or specially equipped vehicles; (d) permits for driver training schools, driving instructors, dealers, salespersons or recyclers; (e) vehicle inspections and inspection certificates; and (f) identification cards under Part 8.1 of The Drivers and Vehicles Act , and renewing, replacing and reinstating those identification cards. Regulations respecting charges 331(3) The Lieutenant Governor in Council may make regulations (a) specifying the charge that a person must pay to apply for, request or obtain a licence, permit, registration or other service, or the method of calculating the charge; (b) specifying when and to whom charges for specific services must be paid; (c) specifying certain charges that are not refundable and the circumstances in which each of them is not refundable; (d) specifying certain services that must be provided without charge to specified persons for specified purposes. Charges may exceed cost of services 331(4) A charge specified by, or calculated in accordance with, a regulation under this section or another provision of this Act may, (a) if the service is provided by the government, exceed the cost to the government of providing the service; and (b) if the service is provided by another person, exceed the cost to the person of providing the service. Minister may waive charges 331(5) The minister may waive any charge payable under this Act, The Drivers and Vehicles Act or a regulation under either Act if the minister is satisfied that it is in the public interest to do so, or that hardship or injustice has resulted or is likely to result from the requirement to pay the charge. Minister may delegate authority to waive 331(6) The minister may delegate to a person employed by The Manitoba Public Insurance Corporation the authority under subsection (5) to waive any charge payable in respect of a driver's licence, vehicle registration, permit or identification card, or in respect of another service relating to such licences, registrations, permits or cards. S.M. 1999, c. 13, s. 15 ; S.M. 2005, c. 37, Sch. B, s. 83 ; S.M. 2008, c. 36, s. 46 ; S.M. 2018, c. 10, Sch. B, s. 119 . INTERNATIONAL DRIVING PERMIT International driving permit 332(1) The minister may authorize any person or association to issue, to a person holding a valid driver's licence, an International Driving Permit within the meaning of the United Nations 1949 Convention on Road Traffic. Terms of authority to issue 332(2) The authorization of the minister referred to in subsection (1) shall be in accordance with the terms of the said convention and may be granted subject to such other terms and conditions as the minister deems appropriate. S.M. 2005, c. 37, Sch. B, s. 84 . 333 [Repealed] S.M. 1994, c. 4, s. 34 . 334 to 334.2 [Repealed] S.M. 1989-90, c. 56, s. 48 ; S.M. 2001, c. 7, s. 28 ; S.M. 2002, c. 7, s. 6 ; S.M. 2008, c. 36, s. 47 . Reference in Continuing Consolidation 335 This Act may be referred to as chapter H60 of the Continuing Consolidation of the Statutes of Manitoba . 336 [Repealed] S.M. 2018, c. 10, Sch. B, s. 120 . Commencement of Act 337 This Act comes into force on the day it receives the royal assent.