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S.M. 2021, c. 22
Bill 20, 3rd Session, 42nd Legislature
The Vehicle Technology Testing Act (Various Acts Amended)
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Explanatory Note This note is a reader's aid and is not part of the law. This Act amends The Highway Traffic Act, The Insurance Act and The Manitoba Public Insurance Corporation Act to allow for the testing of vehicles with automated driving systems or other new technology. Under a technology testing permit, a vehicle or a new vehicle technology can be exempted from certain highway traffic law requirements. A vehicle operated under such a permit may also be exempted from being insured through Manitoba Public Insurance. MPI may recover from the permit holder the costs of property damage and personal injury benefits paid out as a result of an at-fault accident caused by the vehicle. |
(Assented to May 20, 2021)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
PART 1
THE HIGHWAY TRAFFIC ACT
The Highway Traffic Act is amended by this Part.
The following is added before Part IX:
PART VIII.1
TECHNOLOGY TESTING PERMITS
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 »)
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.
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.
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.
A person to whom a technology testing permit has been issued must comply with the terms and conditions of the permit.
Regulations re technology testing permits
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.
PART 2
THE INSURANCE ACT
The Insurance Act is amended by this Part.
Subsection 29(2) is amended by replacing everything after "but only if" with the following:
(a) the automobile is not registered under The Drivers and Vehicles Act; or
(b) the automobile is a test vehicle for which a technology testing permit has been issued under section 318.13 of The Highway Traffic Act.
Subsection 232(3) is amended by replacing everything after "unless" with the following:
(a) the automobile is insured under a contract evidenced by a form of policy approved under this Part; or
(b) the automobile is a test vehicle for which a technology testing permit has been issued under section 318.13 of The Highway Traffic Act.
PART 3
THE MANITOBA PUBLIC INSURANCE
CORPORATION ACT
The Manitoba Public Insurance Corporation Act is amended by this Part.
Subsection 1(1) is amended by adding the following definitions:
"technology testing permit" means a technology testing permit issued under section 318.13 of The Highway Traffic Act; (« permis d'essai de technologie »)
"test vehicle" means a vehicle for which a technology testing permit has been issued; (« véhicule d'essai »)
The following is added after subclause 26(2)(a)(iii):
(iii.1) that was a test vehicle not insured under a plan, or
The following is added after clause 33(1)(b):
(b.1) exempting a test vehicle or class of test vehicles from being required to be insured under a plan of universal compulsory automobile insurance, or from being insurable under the plan;
The following is added after subsection 48(1):
Clause (1)(b) does not apply to a test vehicle if the registrar is satisfied that the insurance and financial security requirements set out in the technology testing permit for the test vehicle are met.
The following is added after subsection 77(1):
Recovery re accident in Manitoba involving test vehicle
If a person is entitled to compensation under this Part by reason of an accident that occurred in Manitoba and involved an automobile that is a test vehicle not insured under a plan, the corporation has the right to recover the amount of the compensation from the holder of the technology testing permit for the test vehicle to the extent that the driver of the test vehicle is responsible for the accident.
Subsection 77(2) is amended by adding "or (1.1)" after "subsection (1)".
Subsection 77(3) is amended
(a) by adding "or (1.1)" after "subsection (1)"; and
(b) by adding "or subsection (1.1)" after "clause (1)(a)".
Subsections 77(4) and (5) are amended by adding "or (1.1)" after "subsection (1)".
Section 78 is amended
(a) in the section heading, by striking out "from non-residents"; and
(b) by striking out "or" at the end of clause (a), adding "or" at the end of clause (b) and adding the following after clause (b):
(c) from the holder of a technology testing permit for a test vehicle, to the extent that the driver of the test vehicle is responsible for the accident.
PART 4
COMING INTO FORCE
This Act comes into force on the day it receives royal assent.