Inspection of Motor Vehicles for Registration Purposes Regulation

Inspection of Motor Vehicles for Registration Purposes Regulation, M.R. 45/2006 The Drivers and Vehicles Act , C.C.S.M. c. D104 Regulation 45/2006 Registered February 24, 2006 bilingual version (HTML) Table of Contents Section PART 1 INTERPRETATION 1 Definitions PART 2 INSPECTION CERTIFICATES FOR REGISTRATION PURPOSES 2 Vehicles exempted from inspection 3 Inspection certificates required for registration PART 3 INSPECTION OF VEHICLES NOT REQUIRED TO BE INSPECTED PERIODICALLY 4 Definitions 5 Application of Part 6 Inspection certificate 7 Failure to pass inspection 8 Re-inspection PART 4 COMING INTO FORCE 9 Coming into force PART 1 INTERPRETATION Definitions 1 The following definitions apply in this regulation. "Act" means The Drivers and Vehicles Act . («  Loi ») "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, determined by the registrar; as the maximum loaded weight of the vehicle. (« PNBV ») "inspection certificate" , in relation to (a) a motor vehicle with a GVWR of less than 4,500 kg, means an inspection certificate in a form approved by the registrar for the purposes of the Act and this regulation; (b) a motor vehicle with a GVWR of 4,500 kg or more that is a truck, truck tractor or motor home, means an inspection certificate in Form 1 set out in Schedule A of the Periodic Mandatory Vehicle Inspection Regulation ; or (c) a motor vehicle with a GVWR of 4,500 kg or more that is a bus, means an inspection certificate in Form 3 set out in Schedule A of the Periodic Mandatory Vehicle Inspection Regulation. (« certificat d'inspection ») "inspection station" means a facility for which a permit has been issued to an inspection station operator. (« station d'inspection ») "inspection station operator" means a person who holds an inspection station operator's permit under the Inspection Station Operators and Qualified Mechanics Regulation . (« opérateur de station d'inspection ») "motor vehicle" means a motor vehicle as defined in The Highway Traffic Act , other than a moped. (« véhicule automobile ») "qualified mechanic" means a person who holds a qualified mechanic's permit under the Inspection Station Operators and Qualified Mechanics Regulation . (« mécanicien qualifié ») "safety standards" means the standards of safety and repair that a motor vehicle must meet as set out in the Vehicle Equipment, Safety and Inspection Regulation . (« normes de sécurité ») "truck" means a motor vehicle that (a) is designed or adapted primarily for the transportation of cargo and not passengers; and (b) has a GVWR of 4,500 or more. (« camion ») "truck tractor" means a truck that (a) is designed primarily for towing a semi-trailer connected by means of a fifth-wheel coupler, and not constructed for carrying any load other than part of the weight of the trailer; (b) has a GVWR of less than 21,953 kg; and (c) is registered as a farm truck. (« véhicule tracteur ») M.R. 169/2006 ; 116/2018 ; 34/2019 PART 2 INSPECTION CERTIFICATES FOR REGISTRATION PURPOSES Vehicles exempted from inspection 2 The following motor vehicles are exempted from subsection 44(2) of the Act: (a) a motor vehicle that is registered, or was last registered, in Manitoba (i) to the person who is applying to renew the registration or to register the motor vehicle again, (ii) in the name of the transferor who transfers it to his or her spouse, common-law partner, child or parent who is applying for registration, or (iii) in the name of a deceased person whose personal representative transfers it to a beneficiary of the transferor's estate who is applying for registration; (b) a motor vehicle for which a registration card is deemed to have been issued under subsection 35(1), (2) or (3) of the Act; (c) a motor vehicle that is being registered in the antique motor vehicles registration class; (d) a bus that is (i) designed to carry 11 or more persons, including the driver, and (ii) owned by or operated on behalf of The City of Winnipeg or the City of Brandon; (e) a motor vehicle that is registered by registration card that restricts its use to highways in and adjoining a remote community (f) a new motor vehicle, as defined in subsection 33(1) of the Dealers, Salespersons and Recyclers Regulation , if the registrar receives information that satisfies the registrar that an inspection certificate for purposes of subsection 44(2) of the Act may be reliably dispensed with in relation to the vehicle's registration. Inspection certificates required for registration 3(1) For the purposes of subsection 44(2) of the Act, when registering a motor vehicle by registration card, an applicant must file the inspection certificates for the motor vehicle that this section requires. 3(2) The registrar may approve the form of inspection certificate for motor vehicles that are not required to be periodically inspected under the Periodic Mandatory Vehicle Inspection Regulation . 3(3) If the operator of a motor vehicle is required to comply with the Periodic Mandatory Vehicle Inspection Regulation in order to operate on a highway , a subsisting inspection certificate for the motor vehicle issued under that regulation is required. 3(4) In the case of a motor vehicle that was last registered in Manitoba, other than a vehicle described in subsection (3), a valid inspection certificate issued under Part 3 of this regulation is required that indicates that the vehicle's inspection was completed not more than one year before the date of application for registration. 3(5) In the case of a motor vehicle, other than one described in subsection (3), that was last registered under the laws of a jurisdiction outside Manitoba, one of the following inspection certificates is required: (a) a valid inspection certificate issued under the laws of the jurisdiction that, (i) in the registrar's opinion, is substantially similar to the inspection certificate that would be issued for that vehicle under Part 3 of this regulation, and (ii) indicates that the vehicle's inspection was completed not more than one year before the date of application for registration; (b) a valid inspection certificate issued under Part 3 of this regulation that indicates that the vehicle's inspection was completed not more than one year before the date of application for registration. 3(6) and (7) [Repealed] M.R. 116/2018 M.R. 169/2006 ; 116/2018 PART 3 INSPECTION OF VEHICLES NOT REQUIRED TO BE INSPECTED PERIODICALLY Definitions 4 The following definitions apply in this Part. "inspection" includes test. (« inspection ») "re-inspection" includes retest. (« nouvelle inspection ») Application of Part 5 This Part applies to a motor vehicle other than a motor vehicle that must comply with the Periodic Mandatory Vehicle Inspection Regulation in order to operate on a highway. Inspection certificate 6(1) If on completing the inspection of a motor vehicle for compliance with safety standards the qualified mechanic is satisfied that the motor vehicle complies with the safety standards, he or she must complete and issue an inspection certificate for the vehicle. 6(2) and (3) [Repealed] M.R. 116/2018 M.R. 169/2006 ; 116/2018 Failure to pass inspection 7(1) If on completing an inspection of a motor vehicle for compliance with safety standards, the qualified mechanic is of the opinion that the vehicle does not comply with the standards, the qualified mechanic must (a) refuse to issue an inspection certificate certifying that the vehicle complies with the safety standards; (b) notify the person who presented the vehicle for inspection of its failure to pass the inspection and indicate on the inspection certificate form the items that did not comply with the safety standards; and (c) give the inspection certificate form to the person presenting the vehicle for inspection. 7(2) [Repealed] M.R. 116/2018 M.R. 169/2006 ; 116/2018 Re-inspection 8 If a motor vehicle fails to pass an inspection under section 7 and the motor vehicle is, within 30 days after the day that the motor vehicle failed to pass the inspection, again presented for inspection at the same inspection station at which the failed inspection took place, a qualified mechanic must (a) re-inspect the motor vehicle with respect to the items that did not comply with the safety standards; and (b) if the qualified mechanic is satisfied that the motor vehicle now complies with the safety standards, complete and issue an inspection certificate for the motor vehicle in the same manner as if the motor vehicle had passed the inspection under section 6. M.R. 169/2006 ; 116/2018 PART 4 COMING INTO FORCE Coming into force 9 This regulation comes into force on the same day that The Drivers and Vehicles Act , S.M. 2005, c. 37, Schedule A, comes into force.