Bill 38: The Highway Traffic Amendment Act
Following advocacy from CAA Manitoba, a new traffic safety law makes roadside working conditions safer for tow operators — and improves safety for all road users.
By Graham Heeps
As a longstanding advocate for road safety, CAA Manitoba played a key role in the passing of Bill 38, The Highway Traffic Amendment Act (Traffic Safety Measures). Given royal assent last June, the new law came into effect on January 1, 2026.
The new legislation permits tow truck operators in the province to use traffic control devices such as pylons to establish a perimeter around a work site — typically on the shoulder — where they are assisting a vehicle. Called a “safety cradle,” the protected area provides a safer, more visible working environment for the operator and the motorist they are assisting. It also encourages passing drivers to be safe on the road through additional separation from the working area. Combined with existing Slow Down, Move Over legislation, this regulatory change helps to create a buffer zone between traffic and the area where the tow operator is performing their duties.
“Whether it’s our own fleet or our contractor network, the safety of our tow operators is paramount,” says Ewald Friesen, manager of government and community relations at CAA Manitoba. “The side of the road is their workspace.”
Prior to its adoption into provincial law in 2011, CAA Manitoba had long advocated for Slow Down, Move Over legislation. When motorists see emergency vehicles — whether police, paramedic, fire or tow truck — pulled over on the side of the road with lights flashing, they are obligated to reduce speed to 40 km/h if travelling below 80 km/h, or 60 km/h if travelling above 80km/h. The driver must also move into an available open lane farthest from the emergency vehicle if it is safe to do so.
“Over the years, however, our research indicated that many drivers were unclear, or unaware, about the exact rules,” notes Friesen. “There had been a lack of information and education on how to follow the law, and under what circumstances. There were plenty of close calls in Manitoba, and Ontario has recently experienced two very tragic incidents.”
“Whether it’s our own fleet or our contractor network, the safety of our tow operators is paramount.”
Permitting tow operators to use traffic control devices such as pylons to establish a safety perimeter required a change in the law. After advocating for change with the provincial government, CAA Manitoba was requested to make a deposition at the Manitoba Legislature in favour of the new measure, leading to the introduction and passing of Bill 38.
The legislation also enhanced road safety through two further measures, both supported by CAA. The first introduces a mandatory one-metre safe passing distance for vehicles overtaking cyclists, a measure requested by the cycling community. The second establishes new rules for proceeding safely when encountering winter maintenance vehicles, such as snowplows.
“As well as the new law, the RCMP announced greater enforcement throughout 2025 on Slow Down, Move Over,” says Friesen. “Failing to comply with the law comes with a minimum fine of $298 and a maximum of $2,000, [as well as] a one-year driver’s licence suspension in the most severe cases.”
Education remains essential to ensuring tow operator safety. CAA Manitoba continues to work closely with Manitoba Public Insurance (MPI) on several concurrent road safety initiatives including recent consultations on MPI’s new road safety strategy.
“More awareness and understanding of these dangers is crucial,” Friesen concludes, “as everybody has the right to a safe workspace.” CAA
Working roadside is dangerous; enhancing the buffer between fast-moving cars and tow operators helps improve safety. | PHOTO: WIRESTOCK/ADOBE STOCK


