Acts and Regulations

M-17 - Motor Vehicle Act

Section 188
Disposition versions

Full text
Stopped school bus
188(1)The driver of a motor vehicle meeting or overtaking a stopped school bus upon a highway when flashing red lights are displayed on such school bus shall bring such motor vehicle to a stop at not less than five metres from such school bus and shall not pass such school bus until it is again in motion or the flashing red lights cease to be displayed.
188(1.1)Subsection (1) does not apply to the driver of a motor vehicle meeting a bus displaying flashing red lights on a highway divided by a median.
188(1.2)The owner of a motor vehicle shall be guilty of a violation of subsection (1) committed by any person operating the motor vehicle unless the owner establishes that another person was operating the motor vehicle.
188(1.3)Despite subsection (1.2), if the registration certificate for a motor vehicle respecting which a violation of subsection (1) is committed shows the name and address of a lessee of the vehicle as provided for in section 27.1, the lessee shall be guilty of the violation unless the lessee establishes that another person was operating the motor vehicle at the time of the alleged violation.
188(1.4)A lessee charged with a violation by virtue of subsection (1.3) may be charged as the principal offender, but the information shall show that the charge is laid by virtue of subsection (1.3).
188(1.5)Notwithstanding section 362, proof that any person is or was, on a date stated in the proof, shown on a registration certificate as provided for in section 27.1 as the lessee of a motor vehicle respecting which a violation is alleged to have been committed on the same date under subsection (1) shall be prima facie evidence that the person was operating the motor vehicle at the time of the alleged violation.
188(1.6)Despite section 51 and subsection 56(5) of the Provincial Offences Procedure Act, when a person is convicted of an offence under subsection (1), the minimum fine shall be double the minimum fine specified in the Provincial Offences Procedure Act for that category of offence.
188(2)The flashing lights referred to in subsection (1), and mounted on a vehicle painted yellow, shall consist of two alternately flashing red lights visible to the front and two alternately flashing red lights visible to the rear.
1955, c.13, s.171; 1961-62, c.62, s.64; 1963 (2nd Sess.), c.29, s.3; 1965, c.29, s.9; 1977, c.M-11.1, s.17; 1977, c.32, s.17; 1983, c.52, s.14; 1990, c.32, s.1; 1994, c.31, s.15; 2020, c.2, s.5
Stopped school bus
188(1)The driver of a motor vehicle meeting or overtaking a stopped school bus upon a highway when flashing red lights are displayed on such school bus shall bring such motor vehicle to a stop at not less than five metres from such school bus and shall not pass such school bus until it is again in motion or the flashing red lights cease to be displayed.
188(1.1)Subsection (1) does not apply to the driver of a motor vehicle meeting a bus displaying flashing red lights on a highway divided by a median.
188(1.2)The owner of a motor vehicle shall be guilty of a violation of subsection (1) committed by any person operating the motor vehicle unless the owner establishes that another person
(a) was operating the motor vehicle and had possession of it without the owner’s consent, express or implied, at the time of the alleged violation,
(b) has been charged with and convicted of the violation, or
(c) admits to being the driver of the vehicle at the time of the alleged violation.
188(1.3)Notwithstanding subsection (1.2), if the registration certificate for a motor vehicle respecting which a violation of subsection (1) is committed shows the name and address of a lessee of the vehicle as provided for in section 27.1, the lessee shall be guilty of the violation unless the lessee establishes that another person
(a) was driving the motor vehicle and had possession of it without the lessee’s consent, express or implied, at the time of the alleged violation,
(b) has been charged with and convicted of the violation, or
(c) admits to being the driver of the vehicle at the time of the alleged violation.
188(1.4)A lessee charged with a violation by virtue of subsection (1.3) may be charged as the principal offender, but the information shall show that the charge is laid by virtue of subsection (1.3).
188(1.5)Notwithstanding section 362, proof that any person is or was, on a date stated in the proof, shown on a registration certificate as provided for in section 27.1 as the lessee of a motor vehicle respecting which a violation is alleged to have been committed on the same date under subsection (1) shall be prima facie evidence that the person was operating the motor vehicle at the time of the alleged violation.
188(2)The flashing lights referred to in subsection (1), and mounted on a vehicle painted yellow, shall consist of two alternately flashing red lights visible to the front and two alternately flashing red lights visible to the rear.
1955, c.13, s.171; 1961-62, c.62, s.64; 1963 (2nd Sess.), c.29, s.3; 1965, c.29, s.9; 1977, c.M-11.1, s.17; 1977, c.32, s.17; 1983, c.52, s.14; 1990, c.32, s.1; 1994, c.31, s.15
Stopped school bus
188(1)The driver of a motor vehicle meeting or overtaking a stopped school bus upon a highway when flashing red lights are displayed on such school bus shall bring such motor vehicle to a stop at not less than five metres from such school bus and shall not pass such school bus until it is again in motion or the flashing red lights cease to be displayed.
188(1.1)Subsection (1) does not apply to the driver of a motor vehicle meeting a bus displaying flashing red lights on a highway divided by a median.
188(1.2)The owner of a motor vehicle shall be guilty of a violation of subsection (1) committed by any person operating the motor vehicle unless the owner establishes that another person
(a) was operating the motor vehicle and had possession of it without the owner’s consent, express or implied, at the time of the alleged violation,
(b) has been charged with and convicted of the violation, or
(c) admits to being the driver of the vehicle at the time of the alleged violation.
188(1.3)Notwithstanding subsection (1.2), if the registration certificate for a motor vehicle respecting which a violation of subsection (1) is committed shows the name and address of a lessee of the vehicle as provided for in section 27.1, the lessee shall be guilty of the violation unless the lessee establishes that another person
(a) was driving the motor vehicle and had possession of it without the lessee’s consent, express or implied, at the time of the alleged violation,
(b) has been charged with and convicted of the violation, or
(c) admits to being the driver of the vehicle at the time of the alleged violation.
188(1.4)A lessee charged with a violation by virtue of subsection (1.3) may be charged as the principal offender, but the information shall show that the charge is laid by virtue of subsection (1.3).
188(1.5)Notwithstanding section 362, proof that any person is or was, on a date stated in the proof, shown on a registration certificate as provided for in section 27.1 as the lessee of a motor vehicle respecting which a violation is alleged to have been committed on the same date under subsection (1) shall be prima facie evidence that the person was operating the motor vehicle at the time of the alleged violation.
188(2)The flashing lights referred to in subsection (1), and mounted on a vehicle painted yellow, shall consist of two alternately flashing red lights visible to the front and two alternately flashing red lights visible to the rear.
1955, c.13, s.171; 1961-62, c.62, s.64; 1963(2nd Sess.), c.29, s.3; 1965, c.29, s.9; 1977, c.M-11.1, s.17; 1977, c.32, s.17; 1983, c.52, s.14; 1990, c.32, s.1; 1994, c.31, s.15