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S.M. 1994, c. 4
The Highway Traffic Amendment and Consequential Amendments Act
(Assented to July 5, 1994)
HER MAJESTY, by and with the consent of the Legislative Assembly of Manitoba, enacts as follows:
The Highway Traffic Act is amended by this Act.
Subsection 1(1) is amended
(a) by adding the following definitions in alphabetical order:
"cab card" means a document evidencing registration under the Canadian Agreement on Vehicle Registration; (« fiche »)
"registration class" of a vehicle means the registration class of the vehicle prescribed in the regulations; (« classe d'immatriculation »)
(b) in the definition "motor vehicle", by striking out "subsection 5(13)" and substituting "subsection 4.11(2)";
(c) by repealing the definition "number plates";
(d) by repealing the definition "owner" and substituting the following:
"owner" includes a person who has exclusive use of a vehicle under a lease or other agreement for a period of more than 30 days; (« propriétaire »)
(e) by repealing the definition "registration year" and substituting the following:
"registration period", in relation to a vehicle, means the registration period for that vehicle determined under the regulations; (« période d'immatriculation »)
The following is added after subsection 1(2):
Interpretation of "qualified mechanic"
In this Act, a person is a "qualified mechanic" if he or she is authorized by the registrar or the minister, as the case may be, to perform inspections and to issue certificates in respect of those inspections.
Sections 5 to 18, except section 5.19 as enacted by S.M. 1987-88, c. 61, s. 1, are repealed and the following is substituted:
REGISTRATION OF VEHICLES
4.1(1) In this Part, "drive-away unit" means a combination of a motor vehicle that moves on its own motive power and one or more other vehicles that are
(a) entirely carried;
(b) drawn in such a manner that all of the wheels of the vehicles are on the highway; or
(c) partly drawn and partly carried;
and includes the motor vehicle that moves on its own motive power even when it is not in combination with other vehicles.
For the purpose of this Part, a "farm tractor" operated on a highway is deemed to be a motor vehicle except
(a) when it is used for drawing
(i) an implement of husbandry in the course of agricultural operations or for farm use, or
(ii) a vehicle used in transporting produce, including livestock, of the owner of the farm tractor or in transporting property for use on the farm of the owner of the farm tractor; or
(b) when it is moved in the course of farming operations or for the purpose of maintenance or repair.
REQUIREMENT OF REGISTRATION
Registration and plating of vehicles
No person shall operate a motor vehicle or trailer on a highway and no owner of a motor vehicle or trailer shall permit any other person to operate it on a highway,
(a) unless
(i) there is a currently valid registration card for the vehicle issued under this Act,
(ii) there is displayed on the vehicle in accordance with the regulations a number plate authorized by the registrar showing the number of the registration card issued for the vehicle, and
(iii) there are displayed on the number plate on the vehicle in accordance with the regulations validation stickers required by the regulations evidencing the fact that the registration is currently valid; or
(b) unless there is a currently valid registration permit issued under this Act for the motor vehicle or trailer that is displayed or carried on the motor vehicle or trailer in accordance with the regulations.
A registration card for a drive-away unit is deemed to be issued for any and all vehicles that from time to time comprise the unit if the drive-away unit displays a drive-away unit plate and that number plate displays the validation stickers, as required by subclauses (1)(a)(ii) and (iii).
Dealers' plates and repairers' plates
A registration card for the vehicles of a dealer or repairer is deemed to be issued for a vehicle if the vehicle displays the dealer's number plate or repairer's number plate, as the case may be, and that plate displays the validation stickers as required by subclauses (1)(a)(ii) and (iii).
A semi-trailer that displays in accordance with the regulations a number plate that evidences the fact that the registration is currently valid is deemed to comply with subclause (1)(a)(iii).
Exception for certain vehicles
Subsection (1) does not apply
(a) to a trailer if it is
(i) owned by a farmer,
(ii) drawn by a farm tractor, and
(iii) used for transporting the produce, including livestock, of the owner of the trailer or farm tractor or in transporting property for use on the farm of that owner; or
(b) to a motor vehicle, other than a motor vehicle that is part of a drive-away unit, that is under tow by another motor vehicle.
Application to vehicles of non-residents
Notwithstanding subsection (1), if the owner of a vehicle, other than a vehicle described in subsection (7), is in compliance with the laws of a jurisdiction outside Manitoba as to the registration and licensing of the vehicle, and the vehicle displays the number plate or plates authorized for use on the vehicle under those laws, the owner may use or permit the use of the vehicle in Manitoba for the shorter of
(a) three months; and
(b) the period during which the registration and licensing of the vehicle under those laws continues to be valid;
if the owner or driver carries in the vehicle the certificate of registration and licence required under the laws of that jurisdiction and proof of financial responsibility of the owner as required by this Act and produces them without delay on demand by a peace officer.
Subsection (6) does not apply to
(a) a public service vehicle or a commercial truck;
(b) a motor vehicle or trailer owned by a person whose head office or principal place of business is outside Manitoba and who is engaged in a business in the province in connection with which the motor vehicle or trailer is primarily used; or
(c) a vehicle of a type or class prescribed in the regulations for the purpose of this subsection.
Application to vehicles of students
A person who is resident outside Manitoba and who enters and resides in Manitoba for more than the three months described in subsection (6) to attend a university, college, technical training school or high school in Manitoba as a full-time student, as long as he or she continues as a student in full-time attendance at one of those institutions, may, without complying with subsection (1), operate or permit another person to operate a vehicle to which subsection (6) applies in Manitoba if
(a) the owner, in relation to the registration and licensing of the vehicle, is in compliance with the laws of the jurisdiction outside Manitoba in which the vehicle is registered and licensed;
(b) the vehicle displays the number plate or plates authorized for use on the vehicle under the laws of that jurisdiction;
(c) while the vehicle is operated on a highway in Manitoba, the owner or driver carries in the vehicle the certificate of registration and licence required under the laws of the jurisdiction in which the vehicle is licensed and registered and proof of financial responsibility of the owner as required by this Act and produces them without delay on demand by a peace officer; and
(d) a currently valid student identification sticker issued for the vehicle as provided in the regulations is displayed or carried in or on the vehicle in accordance with the regulations.
Vehicles of Department of National Defence
Subsection (1) does not apply to a vehicle of the Department of National Defence of the Government of Canada that displays the number plate or plates issued by the Department of National Defence.
In-transit permits etc. issued outside Manitoba
Subsection (1) does not prohibit the operation in Manitoba of a vehicle, other than a public service vehicle or a commercial truck, for which there is a currently valid in-transit permit or other temporary registration issued by another jurisdiction in Canada, if
(a) the driver, while operating the vehicle in Manitoba, carries with him or her the in-transit permit or other temporary registration for that vehicle and proof of financial responsibility of the owner of the vehicle as required by this Act and produces them without delay on demand by a peace officer; and
(b) the driver operates the vehicle in accordance with the terms and conditions of the in-transit permit or other temporary registration.
Exemptions re commercial vehicles registered etc. outside Manitoba
Subsection (1) does not apply to a person granted an exemption or privilege pursuant to an agreement under section 4.3.
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.
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
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.
No person is entitled to any exemption, privilege or benefit under any agreement or arrangement entered into under subsections (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.
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.
In this section, "state" includes any territory of the United States of America and the District of Columbia.
An agreement or arrangement made under subsection 13(5) before its repeal is deemed to have been made under this section.
ISSUE OF REGISTRATION
An application for registration of a vehicle must be made to the registrar in the form and giving the particulars that the registrar requires.
On application to register a vehicle, the registrar may issue the registration card or registration permit applied for if the requirements of the registrar, this Act and the regulations for registration are satisfied.
Duration of validity of registration card or registration permit
Subject to the provisions of this Act and the regulations as to suspension, cancellation, and expiry, a registration card or registration permit for a vehicle issued under this Part is valid for the period determined under the regulations for that vehicle.
Subject to subsection 4.14(2), every vehicle for which an application for registration is made shall be registered in a registration class prescribed in the regulations.
Inspection of certain vehicles
If the registrar is in doubt as to which registration class a vehicle ought to be registered in, the registrar may refuse to register the vehicle until it has been inspected as required by the registrar and the registrar is satisfied as to the registration class in which it is to be registered.
No person shall apply for, procure or attempt to procure the registration of a vehicle in the name of
(a) an applicant that purports to be a corporation if no such corporation exists; or
(b) a corporation incorporated otherwise than under the laws of Manitoba that is required to be and is not or has ceased to be registered under The Corporations Act or licensed under The Insurance Act.
Use of registration card or permit of non-existent corporation
4.5(2) No person shall make use of a registration card or registration permit issued under this Act in the name of a corporation that does not exist at the time the registration card is used.
No liability attaches to the Crown for any loss arising from reliance on incorrect information provided by a person to the registrar or any person acting on behalf of the registrar in respect of a registration.
Documentation for registration
Before issuing, transferring or cancelling a registration card or permit, issuing or authorizing the use of number plates or performing any other function in respect of the registration of a vehicle for which an application or request is made, the registrar may require the production of any documentation that he or she considers necessary, and the documentation may be different for different classes of vehicles.
Without limiting the generality of subsection (1), the registrar may require
(a) proof of ownership of a vehicle;
(b) proof that the applicant is the person named in the application;
(c) proof of the date of birth of an applicant who is an individual; and
(d) in the case of an application to register a farm truck, proof that the applicant is a farmer.
A vehicle shall not be registered unless it is registered in the name of an owner of the vehicle
(a) who, alone or jointly with one or more others,
(i) has exclusive use of the vehicle together with 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; and
(b) who
(i) is a person resident in Manitoba,
(ii) has his or her head office or principal place of business outside Manitoba and is engaged in a business in the province in connection with which the vehicle is primarily used, or
(iii) is the operator of a public service vehicle or commercial truck.
When property in vehicle held as security
If a person has transferred the property in a vehicle to another by way of security only, the transferor is deemed to be the owner of the vehicle so long as he or she has exclusive possession of it.
Joint, common and partnership interests
For the purpose of subsection (1), owners are joint owners of a vehicle if they are joint tenants or tenants in common of the vehicle or if they are partners in a partnership that owns the vehicle.
Where two or more persons eligible to register
When two or more owners described in subsection (1) are eligible to register a vehicle, only one of them may register it.
The registration of a vehicle by a person other than an owner permitted under this section to register it is null and void.
Insurance certificate required
A vehicle shall not be registered unless the insurance premium prescribed under The Manitoba Public Insurance Corporation Act for insurance required of the owner of the vehicle as proof of financial responsibility has been paid.
Registration card combined with insurance certificate
The registrar may issue a combined registration card and insurance certificate.
Except as provided in this section, a motor vehicle shall not be registered if the manufacturer's serial number or similar identifying mark on the vehicle has been removed, defaced, covered, altered or destroyed or has become illegible or lost.
If a person who has possession of a motor vehicle files proof satisfactory to the registrar of its ownership, the registrar may direct a peace officer to physically inspect the motor vehicle to determine its proper identity prior to registration.
The registrar may approve the issue of a serial number which shall be
(a) the manufacturer's serial number if it can be determined; or
(b) an identification number assigned by the registrar if the manufacturer's serial number cannot be determined.
The registrar may, on such terms and conditions as he or she considers proper, authorize a peace officer to issue the approved serial or identification number and attach it permanently to the motor vehicle in the manner and location specified by the registrar.
Effect of issuing identification number
The approved serial or identification number issued and attached under subsection (4) is sufficient identification for the purpose of registration of the motor vehicle.
Registration of hazardous vehicles
Subject to subsection (2), the registrar shall not register, and shall cancel the registration of, any vehicle if he or she is of the opinion that, by reason of its physical characteristics or condition, the vehicle is likely to create a hazard to persons or property when operated on a highway.
The registrar may, subject to any conditions or restrictions he or she considers appropriate, register any vehicle, if
(a) the registrar is of the opinion that the vehicle is not likely to create a hazard to persons or property when operated on a highway in accordance with those conditions or restrictions; and
(b) the vehicle is equipped in the manner in which a motor vehicle is required to be equipped under this Act.
This section does not apply in respect of the transfer of a motor vehicle
(a) that is registered in Manitoba in the name of the transferor and is being transferred
(i) to the spouse of the transferor, or to a person to whom the transferor is not married but with whom the transferor has cohabited continuously as his or her spouse for a period of not less than 12 months,
(ii) to a child of the transferor,
(iii) to a parent of the transferor, or
(iv) as an inheritance, to the beneficiary of an estate;
(b) from a dealer to another dealer; or
(c) that is to be registered as an antique motor vehicle under section 4.18.
Inspection certificate required for registration
A registration card shall not be issued for a motor vehicle unless the applicant for registration files with the registrar a certificate of inspection for the vehicle in accordance with this section.
Vehicles subject to periodic inspection
If the motor vehicle is one that on the date of application for registration is required by regulation to be inspected periodically, the applicant for registration shall file a copy of a currently valid certificate of inspection for the motor vehicle.
Vehicles not subject to periodic inspection
If the motor vehicle is one that on the date of application for registration is not required by regulation to be inspected periodically, the applicant for registration shall file a certificate of inspection, dated not more than two years before the date of application for registration, that was issued for the motor vehicle
(a) by a qualified mechanic in the form and containing the information prescribed by regulation, certifying that the motor vehicle and its equipment have been inspected by the issuer and that, on the date the certificate was issued, the motor vehicle and its equipment complied with this Act and the regulations,
(b) by a qualified mechanic under section 20, certifying that the motor vehicle and its equipment have been inspected by the issuer and that, on the date the certificate was issued, the motor vehicle and its equipment complied with this Act and the regulations, or
(c) under section 327.
Notwithstanding subsections (3) and (4), if
(a) the Manitoba Public Insurance Corporation becomes the owner of a motor vehicle in the course of its activities as an insurer and passes the ownership of the vehicle to another; and
(b) the applicant for registration of the motor vehicle is the first to apply after the passing of ownership;
a registration card shall not be issued unless the certificate filed by the applicant certifies that the motor vehicle and its equipment
(c) were inspected by the issuer of the certificate after the date on which the ownership passed, but not more than two years before the date of application for registration; and
(d) on the date the certificate was issued, complied with this Act and the regulations.
The registrar may cancel a registration, if the registrar has registered a motor vehicle upon the filing of a certificate under section 4.12 and subsequently finds that the certificate
(a) was issued by a person who is not a qualified mechanic; or
(b) is false or misleading, or misrepresents or fails to disclose a material fact.
A vehicle shall not be registered as a public service vehicle unless
(a) the applicant holds a currently valid certificate under Part VIII; or
(b) the vehicle is required to be registered as a public service vehicle under the terms of an exemption by the transport board.
Temporary registration as p.s.v. or c.t.
A vehicle that is registered under this Act, other than as a public service vehicle or commercial truck, may be operated as a public service vehicle or commercial truck and may continue to display the number plate originally issued for it if
(a) there is a currently valid permit for it issued by the transport board under subsection 281(3);
(b) the permit is displayed or carried in accordance with the regulations; and
(c) the vehicle is operated in accordance with the terms and conditions of the permit.
Refusal or cancellation where reciprocal or special arrangement
The registrar may refuse to register a vehicle, may suspend or cancel the registration of a vehicle or may refuse, suspend or cancel an exemption, privilege or benefit under an agreement or arrangement under subsection 4.3(1) or (3) if
(a) the owner of the vehicle
(i) is not entitled to the exemption, privilege or benefit under the agreement or arrangement, or
(ii) has failed to comply with the requirements of subsection 4.3(2) or (4), as the case may be; or
(b) the registration fee respecting the vehicle is prorated under an agreement or arrangement under subsection 4.3(3) and the owner of the vehicle has failed to
(i) make, maintain and submit to the minister the records of distance required under the regulations, or
(ii) submit reports of distance within the times required by the regulations.
A motor vehicle shall not be registered as a taxicab unless the applicant holds a taxicab business licence under The Taxicab Act.
A truck shall not be registered as a farm truck unless it is registered in the name of a farmer.
Definition of "remote community"
In this section, "remote community" means a community that is not connected by means of a year-round, all-weather road to the provincial highway system.
Restricted registration for remote communities
If an applicant for registration of a vehicle is ordinarily resident in a remote community, the registrar may issue a registration card that restricts the use of that vehicle to highways in and adjoining the remote community.
Prohibition re vehicles restricted to remote communities
No person shall operate a vehicle, and no owner shall permit another person to operate a vehicle, contrary to a restriction under subsection (2).
Definition of "antique motor vehicle"
In this section, "antique motor vehicle" means a motor vehicle that is not less than 30 years old.
Registration of antique motor vehicles
The registration card for an antique motor vehicle restricts the use of the antique motor vehicle on a highway to use for the purpose of
(a) taking it to or from, or displaying it in,
(i) a parade or procession, or
(ii) a rally in accordance with any conditions imposed in writing by the registrar; or
(b) taking it to and from such places as may be necessary for its repair or servicing.
Prohibition re antique motor vehicles
No person shall operate and no owner shall permit another person to operate an antique motor vehicle on a highway except in accordance with subsection (2).
TRANSFER OF REGISTRATION
Effect of transfer of ownership
Subject to subsections (2) to (6), when the interest of the registered owner of a vehicle passes from the registered owner to another person, whether by an act of the owner or by operation of law, the registration of the vehicle expires immediately and, except as provided in the regulations, the registered owner shall return the number plate to the registrar who may retain it or require the person who was the registered owner to retain it in his or her possession.
Exception if vehicle disposed of and another newly acquired
The registered owner of a vehicle may, within a period ending on the earlier of
(a) seven days after the passing of that person's interest in the vehicle; and
(b) the expiry of its registration;
apply to the registrar to use the number plate issued for that vehicle on another vehicle that the person has newly acquired and intends to register in his or her name, if the vehicle whose ownership has passed and the vehicle newly acquired are both capable of registration in the same registration class, and, notwithstanding subsection 4.2(1), the person may display the number plate on the newly acquired vehicle and may operate it, or permit another person to operate it, on a highway within the period, if the operator carries in the motor vehicle a bill of sale or other evidence of the acquisition of the newly acquired vehicle and of the disposal of the other vehicle signed by the transferor.
Transfer of registration on death of registered owner
When the interest of a registered owner of a vehicle passes by reason of his or her death, the registration does not expire until the expiry of the registration period, and the following persons may, if application is made before the registration expires and the requirements of the registrar, this Act and the regulations are satisfied, obtain a transfer of the registration and number plate:
(a) the spouse of the registered owner, if the ownership of the vehicle passes to the spouse of the deceased; or
(b) the personal representative of the registered owner.
Exception if vehicle disposed of by one owner to another
When under an agreement the interest of a person who is the registered owner of a vehicle on the basis of having exclusive use of it under a lease or other agreement in writing for a period of more than 30 days passes to another person who is an owner of the vehicle by reason of having, other than by way of security only, the right to pass the property in the vehicle (referred to as the "other owner"), the other owner may obtain a transfer of the registration and number plate if
(a) application is made before the earlier of
(i) the passing of the property in the vehicle, and
(ii) the expiry of its registration; and
(b) the requirements of the registrar, this Act and the regulations are satisfied.
Transfer of fleets of vehicles
When the registered owner of a fleet of 10 or more vehicles, or a lesser number authorized by the registrar, agrees to transfer his or her interest in them to another person, that other person may obtain a transfer of the registration and number plates, if
(a) application is made before the earlier of
(i) the passing of the property in the vehicles, and
(ii) the expiry of its registration; and
(b) the requirements of the registrar, this Act and the regulations are satisfied.
Transfer of vehicles under subsection 293(2)
When, as part of a sale, transfer or assignment by a motor carrier of his or her business rights and assets under subsection 293(2) to another person in connection with which the transport board has approved the transfer of the motor carrier's certificate under Part VIII, the motor carrier as registered owner agrees to transfer his or her public service vehicles to that other person, that other person may obtain a transfer of the registration and number plates, if
(a) application is made before the earlier of
(i) the passing of the property in the vehicles, and
(ii) the expiry of its registration; and
(b) the requirements of the registrar, this Act and the regulations are satisfied.
When the interest of a registered owner of a vehicle passes from the owner to another person, whether by an act of the owner or by operation of law, other than in circumstances described in subsections (2), (3), (4), (5) or (6), that other person shall without delay return to the registrar any number plate issued to the person who was registered owner that comes into that other person's possession.
Temporary transfers of registration and plates
The registered owner of a public service vehicle or a taxicab may transfer the registration of that vehicle to another vehicle of the same registration class for a period of not more than 15 days if
(a) the person holds a permit issued under subsection (2) that contains the information described in subsection (3); and
(b) the permit is affixed
(i) to the windshield of the vehicle, if the vehicle for which the permit is issued is not a trailer, and
(ii) to the windshield of the vehicle drawing the trailer, if the permit is issued for a trailer;
and, despite subsection 4.2(1), the person may display the number plate on the other vehicle and may operate it, or permit another person to operate it, on a highway in that period.
The transport board, on application by the registered owner of a public service vehicle, and The Taxicab Board, on application by the registered owner of the taxicab, may, on payment of the prescribed fee and the insurance premium prescribed in the regulations under The Manitoba Public Insurance Act, issue a permit or authorize the issue of a permit allowing the transfer, for a period of not more than 15 days, of the registration and number plate of a vehicle that is disabled to another vehicle of the same registration class.
A permit under subsection (2) shall state
(a) the particulars of the vehicle from which, and the vehicle to which, the registration and plates are transferred;
(b) the name and address of the registered owner; and
(c) the date of the transfer of the registration and plates.
USE OF REGISTRATION CARDS
Production of registration certificate to peace officer
On demand by a peace officer, a driver, registered owner or person having care and 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.
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.
Production of registration certificate etc. to registrar or justice
On demand by the registrar or a justice, the registered owner of a vehicle shall without delay produce for inspection the registration card issued for it or the cab card issued in respect of it.
A person who holds a currently valid registration card and who changes his or her name or address shall, within 15 days of the change, notify the registrar of his or her new name or address.
NUMBER PLATES
When issuing a registration card for a vehicle, the registrar shall issue to the applicant, or authorize the applicant to use, a number plate authorized for use by the registrar on a vehicle of that registration class.
A number plate may consist of numbers, letters or words and must be of a design, colour and material determined by the registrar.
A number plate remains the property of the Crown.
No person shall operate a vehicle on a highway unless the number plate required to be displayed on it is secured in a manner and maintained in a condition so as to be clearly visible and readable and unobscured by any part of the vehicle, its attachments or its load.
A person does not contravene subsection (1) by reason only that a trailer is attached to the rear of a motor vehicle that the person is driving.
Devices resembling plates and plates of other jurisdictions
No person shall operate on a highway a vehicle registered under this Act that displays
(a) a number plate or plates of a jurisdiction outside Manitoba unless the vehicle is a public service vehicle or commercial truck operated in Manitoba and that jurisdiction requires that vehicle to display its plate or plates; or
(b) anything that appears to be, but is not, a number plate authorized for use under this Act, whether it is displayed in conjunction with a number plate authorized for use under this Act or not.
Subsection (1) does not apply to a motor vehicle registered as an antique motor vehicle under section 4.18.
A peace officer who has reason to believe that a vehicle displays
(a) a number plate
(i) that is not authorized for use on that vehicle,
(ii) that, although issued for that vehicle, was obtained by false pretences,
(iii) that was issued for that vehicle, but the registration has been suspended or cancelled,
(iv) that is required to be returned to the registrar under subsection 4.19(1) or (7) or section 4.30, or
(v) that is in contravention of clause 4.26(1)(a); or
(b) anything that appears to be but is not a number plate, in contravention of clause 4.26(1)(b);
may take possession of the number plate or thing that appears to be a number plate and retain it until the facts concerning its issue have been determined or, if an information is laid, until the final disposition of the case.
A peace officer who takes possession of a number plate or thing that appears to be a number plate under subsection (1) may also detain the vehicle on which it was displayed and store it in a suitable place, and all costs and charges for the care, towing and storage are a lien upon the vehicle and may be enforced in the manner provided in The Garage Keepers Act.
4.28(1) A dealer's number plate shall not be issued to any person other than a dealer who holds a currently valid permit under subsection 19(1).
Use of dealers' plates generally
No person shall attach a dealer's number plate to a vehicle other than a vehicle that is
(a) kept for sale by a dealer;
(b) used in the promotion of sales by a dealer, including use of the vehicle by the dealer in his or her personal capacity or by an employee or agent of the dealer or by any person with the consent of the dealer or employee; or
(c) in the custody and control of a dealer 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 that testing or servicing.
Use of dealers' number plates on commercial vehicles
No person shall attach a dealer's number plate to a vehicle for the purpose of using it to transport persons or property for compensation unless the vehicle is operated in compliance with subsection 4.14(2).
Use in contravention of section
No person shall operate on a highway a vehicle to which a number plate is attached contrary to this section.
A repairer's number plate may be issued to a person who carries on business as a repairer of vehicles.
Use of repairers' plates generally
No person shall attach a repairer's number plate to a vehicle unless the vehicle is in the custody and control of a repairer 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 that servicing or testing.
Use of repairers' plates on commercial vehicles
No person shall attach a repairer's number plate to a vehicle for the purpose of using it to transport persons or property for compensation unless the vehicle is operated in compliance with subsection 4.14(2).
Use in contravention of section
No person shall operate on a highway a vehicle to which a number plate is attached contrary to this section.
Plates on expiry of registration
When the registration card for a vehicle expires and is not renewed, the person who was the registered owner may retain in his or her possession the number plate issued with the registration card but shall, on request, return it to the registrar.
The Lieutenant Governor in Council may make regulations
(a) respecting the registration of vehicles;
(b) respecting the transfer of ownership of vehicles in relation to their registration, including
(i) the determination of whose interest as owner of a vehicle is required to be identified and by whom, and
(ii) the requirements, including odometer readings, for registration following transfer of ownership;
(c) respecting the display of number plates on vehicles or any class of vehicles;
(d) respecting the issue and form of validation stickers and their display on the number plates of vehicles or any class of vehicles;
(e) respecting registration permits for the temporary operation of vehicles or any class of vehicles and the carrying or display of permits or any class of permits on vehicles or any class of vehicles;
(f) prescribing types or classes of vehicles for the purpose of clause 4.2(7)(c);
(g) respecting student identification stickers and their display on, or the carrying in or on, vehicles or any class of vehicles;
(h) respecting the period for which registration cards or permits, or any class of registration cards or permits, for vehicles or any class of vehicles are valid;
(i) prescribing classes of vehicles for the purpose of subsection 4.4(4);
(j) respecting the issue of duplicate or replacement registration cards, number plates or validation stickers;
(k) defining a person resident in Manitoba or establishing rules for determining who is a person resident in Manitoba for the purpose of subclause 4.8(1)(b)(i);
(l) prescribing the form and content of the certificates required under clause 4.12(4)(a);
(m) prescribing the maximum fee that may be charged for an inspection made in respect of the issue of a certificate required under clause 4.12(4)(a);
(n) respecting the display or carrying of permits for the purpose of clause 4.14(2)(b);
(o) respecting the records of distance that a person whose registration fee is prorated under an agreement or arrangement under subsection 4.3(3) is required to make and maintain, and the reports of distance that person is required to submit and when that person is required to submit them;
(p) providing, for the purpose of subsection 4.19(1), for those classes or types of number plates that are not required to be returned to the registrar;
(q) subject to subsection (2), requiring the payment or refund of fees, and governing the amount of payments or refunds, for
(i) the issue, transfer or cancellation of registration cards, number plates and validation stickers for any class of vehicles or any class of registrations,
(ii) the issue of registration permits or any class of registration permits,
(iii) recording changes to registrations,
(iv) the issue of student identification stickers,
(v) applications, requests and other matters in relation to owners or vehicles under reciprocity agreements or arrangements,
(vi) the issue of duplicate or replacement registrations cards, number plates or validations stickers,
(vii) the issue of replacements of documents required in the regulations under clause (b),
(viii) personalized number plates and their replacement
(ix) certificates as defined in Part VIII issued in connection with registration of a vehicle, and
(x) anything in respect of which a fee related to registration of a vehicle is prescribed under this Act;
(r) exempting any person or class of persons or any class of vehicle from any requirement in this Act or any regulation made under this Act that relates to registration, and prescribing conditions for such exemptions.
Exemption from registration fee
Notwithstanding clause (1)(q), a person who, while on active service
(a) as a member of the armed services of Canada; or
(b) during wartime as a member of the armed forces of an ally of Canada;
lost a limb, was rendered a paraplegic or quadriplegic or was blinded, is exempt from the registration fee payable for one motor vehicle owned by the person if he or she uses it solely for pleasure and does not derive any financial profit from its use.
"Part I.1" is added before the heading "DEALERS' PERMITS AND OTHER PERMITS" preceding section 19.
Subsection 20(1) is repealed and the following is substituted:
Condition of vehicle delivered
No dealer shall deliver a motor vehicle to a purchaser other than another dealer or a wrecker unless the dealer causes the motor vehicle to be inspected by a qualified mechanic at the time of delivery and
(a) if the motor vehicle and its equipment are in compliance with this Act and the regulations, the dealer furnishes the purchaser with a certificate in the form prescribed in the regulations certifying that on the date of issue of the certificate the motor vehicle was in safe condition to be operated on a highway and that it and its equipment were in compliance with this Act and the regulations; or
(b) the dealer furnishes the purchaser with a certificate in the form prescribed in the regulations certifying that on the date of issue of the certificate the motor vehicle was not in safe condition to be operated on a highway for reasons specified in the certificate and specifying that the motor vehicle may not be operated on a highway until the repairs or adjustments necessary to restore it to safe condition have been made.
Clause 20(2)(c) is amended by striking out "section 5" and substituting "Part I".
Subsections 20(5) to (7) are repealed and the following is substituted:
If
(a) a certificate of the type described in clause (1)(b) is issued with respect to a motor vehicle; and
(b) a qualified mechanic inspects the motor vehicle and finds that it is in a safe condition to be operated on a highway and that the motor vehicle and its equipment are in compliance with this Act and the regulations;
the qualified mechanic may furnish a certificate to that effect in the form prescribed in the regulations and shall append to it the certificate issued under clause (1)(b).
Subsection 20(9) is amended by striking out clauses (a) and (b) and substituting "the form and content of certificates to be furnished under this section.".
Subsection 20(11) is repealed and the following is substituted:
This section does not apply to a motor vehicle that may be registered as an antique motor vehicle.
Subclause 170(1)(f)(ii) is amended by adding "or is illegible" after "defaced".
Subsection 171(2) is repealed and the following is substituted:
Alteration or illegal use of plates
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;
(c) remove a number plate from a motor vehicle or trailer or a validation 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 or the regulations;
(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 or the regulations;
(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 or the regulations; or
(f) display a validation sticker on a number plate on a motor vehicle or trailer if it was not issued for display on that number plate.
Subsection 176(1) is amended by striking out "section 5" and substituting "section 4.11".
The following is added after section 207 before the heading "GENERAL PROVISIONS":
Any person who
(a) not being a qualified mechanic, issues a certificate authorized to be issued by a qualified mechanic;
(b) issues a certificate authorized to be issued by a qualified mechanic, knowing that it is false or misleading or that it misrepresents or fails to disclose a material fact; or
(c) submits to the registrar a certificate authorized to be issued by a qualified mechanic, knowing that it was issued by a person who is not a qualified mechanic or that it is false or misleading or that it misrepresents or fails to disclose a material fact;
is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.
Subsection 226(1) is amended by adding ", other than a vehicle that is of a type or class not required to be insured under The Manitoba Public Insurance Corporation Act," after "under this Act".
Subsections 226(4) to (8) are repealed.
Sections 231 and 232 are repealed.
Subsection 247(2) is repealed and the following is substituted:
In a prosecution for violation of section 155, 156 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.
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.
Subsection 248(1) is amended by repealing items (1) to (6) and substituting the following:
(1) An offence under subsection 4.2(1) (Operating vehicle that is unregistered or that does not display authorized number plate or current validation sticker).
(2) An offence under subsection 4.21(1) (Failure to produce registration certificate to peace officer) or section 4.22 (Failure to produce registration card to registrar or justice).
(3) An offence under section 4.23 (Failure to notify registrar of the change of name or address).
(4) An offence under subsection 4.25(1) (Operating a vehicle while plate not secured or visible).
Subsection 264(6) is repealed.
Subsection 279(1) is amended
(a) by adding "or" at the end of clause (e) and by adding the following after clause (e):
(e.1) an exemption, privilege or benefit under section 4.3;
(b) by repealing clause (g) and substituting the following:
(g) direct the permit, licence or registration to be issued or the exemption, privilege or benefit under section 4.3 to be granted;
Subsection 279(1.1) is amended in the French version by striking out "est déclarée coupable d'au moins trois infractions" and substituting "commet au moins trois infractions pour lesquelles elle est déclarée coupable relativement".
Subsection 281(1) is amended by adding the following after clause (a):
(a.1) by regulation, determine the period of validity, or the manner of determining the period of validity, of a certificate or renewal of a certificate for the purposes of subsections 290(5) and 294(1) for any certificate in which no specific period of validity is set by the transport board;
Subsection 281(2) is repealed.
Subsection 281(3) is repealed and the following is substituted:
Permits for temporary operation of p.s.v.'s and c.t.'s
On payment of the fee prescribed in the regulations and any additional premium for insurance required under The Manitoba Public Insurance Corporation Act, the transport board may, in respect of a vehicle that is registered under Part I other than as a public service vehicle or commercial truck, issue a permit authorizing the operation of the vehicle as a public service vehicle or commercial truck for the period specified in the permit.
Subsections 282(2) to (8) are repealed.
Subsection 282(10) is repealed.
Subsection 284(1) is amended by striking out everything after "without holding a certificate" and substituting "issued by the transport board authorizing the operating of the vehicle.".
Subsection 284(2) is repealed.
Sections 286 and 287 are repealed and the following is substituted:
Registration of exempt p.s.v.'s and c.t.'s
The registrar may register a public service vehicle or a commercial truck in another registration class if the applicant for registration is exempt from the requirement to hold a public service vehicle certificate or a commercial truck licence, as the case may be.
Suspension of licence or certificate
When the licence of a commercial truck or the certificate held by the operator of a public service vehicle is suspended, revoked or cancelled, the registration of the truck or vehicle under subsection 4.2(1) is, upon receipt of a notice to that effect by the registrar from the transport board, suspended, revoked or cancelled, as the case may be.
Subsections 288(3) to (5) are repealed.
Subsection 290(5) is repealed and the following is substituted:
Period for which certificate valid
Unless it is sooner cancelled, a certificate issued by the transport board is valid for the period that is determined in the regulations or set out in the certificate.
Subsection 294(1) is repealed and the following is substituted:
Application for renewal of certificate
A person who holds a certificate may file an application for renewal of the certificate with the transport board and, subject to subsection (2), the transport board may grant a renewal for the period of time that is determined in the regulations or set out in certificate.
Section 298 is amended
(a) by adding "a copy of" before "the certificate"; and
(b) by striking out ", cab card issued pursuant to an agreement under subsection 13(5)".
Subsections 300(5) and (6) are repealed.
Subsection 301(1) is repealed.
Subsection 301(2) is amended by striking out "on or before the last day of February in each year" and substituting "at the time required by the transport board".
Subsection 314(1) is repealed.
Subsection 314(2) is amended by striking out "In addition every such vehicle" and substituting "Every public service vehicle and commercial truck".
Subsections 318(8) to (11) are repealed.
Subsection 319(1) is amended
(a) by repealing clause (i);
(b) in clause (j), by striking out "transit permits and";
(c) by repealing clauses (rr), (xx) and (zz);
(d) in clause (eee),
(i) by striking out
(A) "registration of all motor vehicles and vehicles which are required to be registered, registration of vehicles in remote communities and for",
(B) "temporary registration of motor vehicles, transit permits, replacement of registration, transfer registration, registration of public service vehicles, commercial trucks, drive-away service units, taxicabs, u-drive vehicles, recording change in authorized weight of trucks and trailers, reserving number plates, well-drilling machine or permanently mounted apparatus on motor vehicle chassis,",
(C) "registration of delivery cars,", and
(D) "interim registration sticker,", and
(ii) by striking out "or snow vehicle, chartered bus certificate, chartered passenger bus operations and vehicles registered in remote communities" and substituting "or chartered bus certificate";
(e) by adding the following after clause (eee):
(eee.1) requiring and governing fees to be paid for the approval of inspection stations under this Act;
(f) by repealing clause (ooo).
Subsection 320(1) is amended
(a) in the section heading, by striking out "year" and substituting "period"; and
(b) in the subsection, by striking out "registration year for a period" and substituting "registration period for an additional period".
Subsection 320(3) is amended
(a) by striking out ", or either of those Acts, valid and subsisting on the last day of February of a registration year which has been extended" and substituting "or either of those Acts, that is valid and subsisting on the last day of a registration period that has been extended for an additional period"; and
(b) by striking out "the last day of that registration year as extended by that regulation" and substituting "the additional period";
Subsection 320(4) is amended
(a) by repealing the section heading and substituting "Beginning of subsequent period after extension"; and
(b) by striking out everything after "the regulations made thereunder," and substituting "the registration period immediately following a registration period that is extended by regulation made under subsection (1) is deemed to begin on the day following the day on which the registration period would have ended had there been no extension".
The following is added after section 323:
Delegation of authority to register
The minister may
(a) authorize any person to register motor vehicles and trailers and to issue registration cards, permits, number plates and validation stickers for them and to issue drivers' licences and temporary instruction permits;
(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, validation sticker, licence or temporary instruction permit issued by that person.
If a person authorized under subsection (1) loses or is otherwise unable to account for a registration card, permit, number plate, validation sticker for a number plate, licence, temporary instruction permit or sticker for validating a licence or temporary instruction permit that was furnished to the person by the registrar, the minister may assess the person in respect of any of those items that is lost or unaccounted for an amount that the minister 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).
Section 324 is amended by renumbering it as subsection 324(1) and adding the following as subsection 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.
Subsection 327(1) is amended by striking out "for the current registration year".
Section 333 is repealed.
Subsection 5(19), as enacted by S.M. 1987-88, c. 61, s. 1, is renumbered as subsection 4.7(3).
Consequential amendments, C.C.S.M. c. O31
The Off-Road Vehicles Act is amended by this section.
The definition "owner" in subsection 1(1) is repealed and the following is substituted:
"owner" includes a person who has exclusive use of an off-road vehicle under a lease or other agreement for a period of more than 30 days; (« propriétaire »)
Section 5 is amended by striking out "for a registration period a registration plate to a dealer" and substituting "to a dealer a registration certificate and a registration plate for a registration period".
The following is added after section 6:
Application of C.C.S.M. c. H60
The following provisions of The Highway Traffic Act apply to the registration of off-road vehicles with such modifications as the circumstances require:
(a) subsections 4.5(1) (Registrations by corporations) and 4.5(2) (Use of registration card of non-existent corporation);
(b) sections 4.6 (Liability of Crown), 4.7 (Documentation for registration) and 4.8 (Persons eligible to register).
Subsection 9(1) is amended by striking out "(3) and (4)" and substituting "(3) to (6)".
Subsection 9(5) is repealed and the following is substituted:
Transfer of registration on death of registered owner
9(5) When the interest of a registered owner of an off-road vehicle passes by reason of his or her death, the registration does not expire until the expiry of the registration period, and the following persons may, if application is made before the registration expires and the requirements of the registrar, this Act and the regulations are satisfied, obtain a transfer of the registration and number plate:
(a) the spouse of the registered owner, if the ownership of the off-road vehicle passes to the spouse of the deceased; or
(b) the personal representative of the registered owner.
The following is added after subsection 9(5):
Exception if vehicle disposed of by one owner to another
When, under an agreement, the interest of a person who is the registered owner of an off-road vehicle on the basis of having exclusive use of it under a lease or other agreement in writing for a period of more than 30 days passes to another person who is an owner of the off-road vehicle by reason of having, other than by way of security only, the right to pass the property in the off-road vehicle (referred to as the "other owner"), the other owner may obtain a transfer of the registration and number plates if
(a) application is made before the earlier of
(i) the passing of the property in the off-road vehicle, and
(ii) the expiry of its registration; and
(b) the requirements of the registrar, this Act and the regulations are satisfied.
Section 60 is amended by striking out "5(15)" and substituting "323.1(1)".
Section 68 is amended by adding the following after clause (d):
(d.1) respecting the transfer of ownership of off-road vehicles in relation to their registration, including
(i) the determination of whose interest as owner of an off-road vehicle is required to be identified and by whom, and
(ii) the requirements, including odometer readings, for registration following transfer of ownership;
Consequential amendments, C.C.S.M. c. P215
The Manitoba Public Insurance Corporation Act is amended by this section.
The definition "motor vehicle" in subsection 1(1) is amended
(a) in clause (a), by striking out "subsection 5(6)" and substituting "section 4.1"; and
(b) by repealing clause (e) and substituting the following:
(e) a snow vehicle that is not capable of registration under subsection 4.11(2) of The Highway Traffic Act;
The definition "registration card" in subsection 1(1) is amended
(a) by repealing clause (a);
(b) by repealing clause (b) and substituting the following:
(b) a registration permit issued under The Highway Traffic Act;
(c) by repealing clause (d); and
(d) by repealing clause (e) and substituting the following:
(e) a registration certificate issued under The Off-Road Vehicles Act;
Subsection 6(3) is amended by striking out ", stickers".
Section 47 is amended by striking out "in transit markers," and "interim registration stickers".
Subsection 71(2) is amended
(a) in clause (b), by striking out "subsection 5(6)" and substituting "section 4.1"; and
(b) in subclause (c)(iv), by striking out "subsection 5(13)" and substituting "subsection 4.11(2)".
Sections 3 and 4 and subsection 5(2) of The Highway Traffic Amendment Act, S.M. 1993, c. 35 are repealed.
Except as provided in subsections (2) and (3), this Act comes into force on March 1, 1995.
Coming into force: various provisions
Sections 1, 13 and 15, subsection 16(2), clause 29(e) and sections 32, 35, 38 and 39 come into force on the day this Act receives royal assent.
Coming into force: various provisions
The following provisions come into force on July 1, 1995:
(a) clause 4.8(1)(a), subsections 4.8(2) to (4), sections 4.12 and 4.13, subsections 4.19(4) and (5) and clauses 4.31(1)(l) and (m), as enacted by section 3;
(b) sections 5 and 10 and subsections 36(5), (6) and (7).