1st Session, 43rd Legislature
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Bill 19
THE DRIVERS AND VEHICLES 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 Drivers and Vehicles Act is amended by this Act.
2(1) Subsection 1(1) is amended
(a) by adding the following definition:
"heavy trailer" means a trailer with a GVWR of 4,500 kg or more. (« remorque lourde »)
(b) in the definition "written off", by adding "or heavy trailer" after "motor vehicle".
2(2) Subsection 1(2) is amended by adding ""GVWR"".
3(1) Subsection 46(1) is amended
(a) by adding "or heavy trailer" after "a motor vehicle"; and
(b) by striking out "irreparable motor vehicle" and substituting "irreparable vehicle".
3(2) Subsection 46(2) is amended
(a) by adding "or heavy trailer" after "a motor vehicle"; and
(b) by striking out "irreparable motor vehicle" and substituting "irreparable vehicle".
4(1) Subsection 47(1) is replaced with the following:
Cancelling registration — salvageable vehicle
47(1) The registrar must cancel the registration card or registration permit for a motor vehicle or heavy trailer that has the status of a salvageable vehicle not later than 30 days after it is written off unless during that period a replacement registration card or registration permit for the motor vehicle or heavy trailer is issued under subsection (2).
4(2) Subsection 47(2) is amended
(a) in the part before clause (a), by striking out "that has the status of a salvageable motor vehicle" and substituting "or heavy trailer that has the status of a salvageable vehicle"; and
(b) in clause (b), by adding "or heavy trailer" at the end.
4(3) Subsection 47(3) is amended
(a) by adding "or heavy trailer" after "a motor vehicle";
(b) by striking out "salvageable motor vehicle" and substituting "salvageable vehicle"; and
(c) by adding "or heavy trailer" after "the motor vehicle".
4(4) Subsection 47(4) is amended
(a) by adding "or heavy trailer" after "a motor vehicle" wherever it occurs; and
(b) by adding "or heavy trailer" after "the motor vehicle".
4(5) Subsection 47(5) is replaced with the following:
47(5) Subsection (4) does not apply if the motor vehicle or heavy trailer again has the status of a salvageable vehicle.
5 Subsection 64(3) is amended by replacing the part before clause (a) with the following:
64(3) No person shall attach a dealer's number plate to a motor vehicle or heavy trailer that has the status of a salvageable vehicle unless the motor vehicle or heavy trailer
6 Subsection 65(3) is amended by replacing the part before clause (a) with the following:
65(3) No person shall attach a repairer's number plate to a motor vehicle or heavy trailer that has the status of a salvageable vehicle unless the motor vehicle or heavy trailer
7 The centred heading before section 67 is amended by adding "AND HEAVY TRAILERS" at the end.
8(1) Subsection 67(1) is replaced with the following:
67(1) An insurer or other person designated in the regulations who writes off a motor vehicle or heavy trailer must, within six days after writing it off,
(a) notify the registrar of the information prescribed by regulation, in the manner prescribed by regulation; and
(b) specify in the notice whether the vehicle has the status of an irreparable vehicle or a salvageable vehicle.
8(2) Subsection 67(2) is amended
(a) in the part before clause (a), by adding "or heavy trailer" after "motor vehicle"; and
(b) in clauses (a) and (b), by striking out "motor" wherever it occurs.
8(3) Subsection 67(3) of the English version is amended by striking out "irreparable motor vehicle" and substituting "irreparable vehicle".
8(4) The following is added after subsection 67(3):
Towing an irreparable heavy trailer
67(3.1) No person shall tow a heavy trailer that has the status of an irreparable vehicle on a highway.
8(5) Subsection 67(4) of the English version is amended, in the part before clause (a), by striking out "salvageable motor vehicle" and substituting "salvageable vehicle".
8(6) The following is added after subsection 67(4):
Towing a salvageable heavy trailer
67(4.1) No person shall tow a heavy trailer that has the status of a salvageable vehicle on a highway unless it
(a) has been repaired; and
(b) is being towed in a road test in accordance with the regulations.
9 Subclause 68(1)(c)(i) is amended by striking out "motor vehicle or salvageable motor vehicle" and substituting "vehicle or a salvageable vehicle".
10 Subsection 123(1) is amended
(a) in clause (dd), by adding "or heavy trailer" after "motor vehicle" wherever it occurs;
(b) by replacing clause (ee) with the following:
(ee) establishing when a written-off motor vehicle or heavy trailer has the status of an irreparable vehicle or a salvageable vehicle and when a motor vehicle or heavy trailer that has the status of a salvageable vehicle ceases to have that status;
(c) in clause (ff), by striking out "is written-off" and substituting "or heavy trailer is written off";
(d) by replacing clause (gg) with the following:
(gg) respecting the inspection and testing of motor vehicles or heavy trailers that have the status of salvageable vehicles or any class of motor vehicles or heavy trailers that have the status of salvageable vehicles and prescribing the inspection certificates that may be issued in relation to the inspections and tests for the purpose of section 47, including providing for recognizing in Manitoba the inspection programs and inspection certificates of jurisdictions outside Manitoba;
(e) in clause (hh), by striking out "and 67(4)(b)" and substituting ", 67(4)(b) and 67(4.1)(b)"; and
(f) by replacing clause (ii) with the following:
(ii) providing that the owner of a motor vehicle or heavy trailer that is damaged or in disrepair may voluntarily declare the vehicle to have the status of an irreparable or a salvageable vehicle and respecting the application of the provisions of this Act and the regulations to such vehicles;
11 This Act comes into force on a day to be fixed by proclamation.
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Explanatory Note Amendments are made to The Drivers and Vehicles Act. The provisions dealing with written off, salvageable and irreparable motor vehicles now apply to heavy trailers. |