4th Session, 42nd Legislature
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Bill 46
THE HIGHWAY TRAFFIC AMENDMENT ACT
| Bilingual version (PDF) | Explanatory Note |
(Assented to )
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Highway Traffic Act is amended by this Act.
2 The centred heading before section 76 is replaced with "TRAFFIC CONTROL AND HIGHWAY CLOSURE".
3 The following is added after section 76:
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.
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.
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.
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).
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.
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.
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.
4 Subsection 79(6) is amended by striking out "A traffic authority" and substituting "Subject to section 79.1, a traffic authority".
5 The following is added after section 79:
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.
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.
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).
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.
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.
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.
6 This Act comes into force on a day to be fixed by proclamation.