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Volume 55, No. 12

128/2012

The British Columbia Gazette,

Part II

June 19, 2012

B.C. Reg. 128/2012 , deposited June 7, 2012, pursuant to the MISCELLANEOUS STATUTES AMENDMENT ACT (No. 2), 2011 [section 137] and the MOTOR VEHICLE ACT [section 210 (2) (

a) to (

b) and (j)]. Order in Council 379/2012, approved and ordered June 7, 2012.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(

a) section 130 of the Miscellaneous Statutes Amendment Act (No. 2), 2011, S.B.C. 2011, c. 13, is brought into force, and

(

b) the Motor Vehicle Act Regulations, B.C. Reg. 26/58, are amended as set out in the attached Schedule.

— S. BOND, Minister of Justice and Attorney General ; M. MCNEIL, Presiding Member of the Executive Council .

Schedule

Section 1 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58, is amended

(

a) by repealing the definition of "golf cart" , and

(

b) in the definition of "utility vehicle" by repealing paragraph (c).

Section 2.011 is repealed and the following substituted:

Application

2.011 Except as otherwise provided in Division 24, Divisions 4 [Lamps] , 5 [Brakes] , 7 [Other Equipment] and 7B [Slow Moving Vehicles and Equipment] do not apply to

(

a) the vehicles listed in

section 24.02 (1), or

(

b) an industrial utility vehicle to which

section 3.1 of the Act applies.

Section 24.01 is amended

(

a) by renumbering the

section as

section 24.01 (1),

(

b) in subsection (1) by adding the following definition:

"beverage cart" means a motor vehicle that,

(

a) at the time it was manufactured, was not designed to conform to the standards prescribed by the Motor Vehicle Safety Act (Canada) for motor vehicles designed for highway use, and

(

b) is designed or adapted for the purpose of serving food or beverages, or both;

(

c) in subsection (1) by repealing the definition of "person lift" ,

(

d) in subsection (1) in the definition of "worksite" by adding " or mobile equipment " after " utility vehicle ", and

(

e) by adding the following subsection:

(2) The following classes of motor vehicles are prescribed for the purpose of

section 3.1 (1) (

c) of the Act:

(

a) beverage carts that are

(

i) owned or leased by an owner or operator of a golf course, and

(ii) used or operated for the purpose of offering food or beverages, or both, on the golf course;

(

b) miniature motor vehicles.

4 Sections 24.02 (1) and (2), 24.03 (1), 24.04, 24.05 (1) and (3), 24.06 (1) to (4), 24.08 (1), 24.17 (1) and 24.18 are amended by striking out " drive or operate " and substituting " use or operate ".

5 Sections 24.02 (4), 24.03 (2) (c), (3) and (4) (b), 24.07 (2) and (3), 24.08 (2), 24.11 (1), 24.12 (1) and (2), and 24.20 (2) are amended by striking out " driven or operated " and substituting " used or operated ".

Section 24.02 is amended

(

a) in subsection (1) by adding the following paragraphs:

(

g) a beverage cart;

(

h) a miniature motor vehicle. ,

(

b) by adding the following subsection:

(2.1) A beverage cart described in

section 24.01 (2) (

a) must not be used or operated on a highway unless it is used or operated only

(

a) on a parking lot or driveway of a golf course, or

(

b) to cross a highway that intersects a golf course, for the purpose of travelling from one part of the golf course to another part of the same golf course. ,

(

c) in subsection (3) by striking out " A motor vehicle described in subsection (1) must not be driven or operated " and substituting " Subject to subsection (3.1), a motor vehicle described in subsection (1) must not be used or operated ", and

(

d) by adding the following subsection:

(3.1) Subsection (3) of this

section does not apply to any vehicle to which

section 3.1 of the Act applies.

7 The following

section is added:

Liability insurance for exempt vehicles

24.02.01

(1) In this section, "third party liability insurance coverage" has the same meaning as in the Insurance (Vehicle) Act .

(2) The owner or lessee of a vehicle to which

section 3.1 of the Act applies must have third party liability insurance coverage that provides indemnity against liability imposed by law arising from bodily injury to or the death of a person, or loss of or damage to property, caused by or arising out of the use or operation of the vehicle.

(3) For the purposes of subsection (2), the indemnity must be in an amount not less than that which would have been required under the Insurance (Vehicle) Act for the vehicle had

section 3.1 of the Act not applied.

8 Sections 24.03 (2) and (4), 24.05 (2) and (2.1) and 24.06 (3) are amended by striking out " drives or operates " and substituting " uses or operates ".

Section 24.03 is amended

(

a) in subsection (3) by striking out " may be driven continuously " and substituting " may be used or operated continuously ", and

(

b) in subsection (4) (

a) by striking out " or person lift ".

10 The following

section is added:

Operating permits for industrial utility vehicles

24.03.01 A person who uses or operates an industrial utility vehicle

(

a) to which

section 3.1 of the Act applies, and

(

b) that has a net weight of 1 600 kg or less

must have an operation permit for the vehicle, unless the vehicle is used or operated on a highway where the speed limit is 50 km/hr or less.

Section 24.08 (1) is amended by striking out " utility vehicle on a highway " and substituting " utility vehicle, or an industrial utility vehicle to which

section 3.1 of the Act applies, on a highway ".

12 Sections 24.08 (2) and 24.09 (1) and (6) are amended by striking out " driving or operating " and substituting " using or operating ".

Section 24.09 (6) is amended by striking out " utility vehicle " and substituting " utility vehicle, or an industrial utility vehicle to which

section 3.1 of the Act applies, ".

14 The following

Part is added:

Part 2.1 – Mobile Equipment

Mobile equipment

24.09.01

(1) Mobile equipment may be used or operated on a highway only for the work purposes for which the mobile equipment is designed.

(2) Mobile equipment may be used or operated on a highway only as follows:

(

a) to cross the highway;

(

b) on the untravelled portion of the highway;

(

c) on the travelled portion highway if the mobile equipment is being or will be used or operated

(

i) within a designated area, or

(ii) within 100 m of the worksite where the mobile equipment is being used or operated to perform work.

(3) Despite subsection (2) (c) (ii), mobile equipment being used or operated on a highway may be used or operated continuously on the travelled portion of the highway for a distance greater than 100 m if the mobile equipment is being used or operated by or on behalf of a farmer.

(4) Mobile equipment parked, used or operated between ½ hour after sunset and ½ hour before sunrise on a highway that is not cordoned off from motor vehicle access must have either

(

a) reflective devices or retro-reflective tape, or

(

b) one or more lighted lamps

that under normal atmospheric conditions are capable of being visible, or displaying light visible, as applicable, from a distance of at least 150 m to the front and rear of the mobile equipment respectively.

(5) Mobile equipment that is a work platform used to raise and lower the operator of the platform, tools or supplies, or both, must not be used or operated on a highway unless the mobile equipment is marked with a clearly visible unique identifier indicating the owner and unit number.

Rights and duties of operator of mobile equipment

24.09.02

(1) In addition to the duties imposed by this section, a person operating mobile equipment on a highway has the same rights and duties as a driver of a vehicle.

(2) If an accident occurs by which a person or property is injured, directly or indirectly, owing to the presence, use or operation of mobile equipment on a highway, the person in charge of the equipment must

(

a) remain at or immediately return to the scene of the accident,

(

b) render all possible assistance, and

(

c) give to anyone sustaining loss or injury his or her name and address and the name and address of the owner of the equipment.

Section 24.10 is repealed and the following substituted:

Definition

24.10 In this Part, "vehicle" means a motor vehicle that

(

a) is

(

i) listed in

section 24.02 (1) (

a) to (g), or

(ii) an industrial utility vehicle to which

section 3.1 of the Act applies, and

(

b) is used or operated on a highway.

Section 24.12 (1) is amended by adding the following paragraph:

(

e) industrial utility vehicles to which

section 3.1 of the Act applies.

Section 24.22 is repealed and the following substituted:

General offence

24.22 A person commits an offence who uses or operates any of the following in contravention of this Division:

(

a) air cushion vehicle;

(

b) beverage cart;

(

c) golf cart;

(

d) industrial utility vehicle;

(

e) miniature motor vehicle;

(

f) mobile equipment;

(

g) neighbourhood zero emission vehicle;

(

h) snow vehicle;

(

i) snowmobile;

(

j) utility vehicle.

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