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1998/99 Legislative Session: 3rd Session, 36th Parliament

THIRD READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 15th day of July, 1999

E. George MacMinn. Q.C., Law Clerk

HONOURABLE HARRY LALI

MINISTER OF TRANSPORTATION AND HIGHWAYS

BILL 78 – 1999

MOTOR VEHICLE STATUTES AMENDMENT ACT, 1999

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Highway (Industrial) Act

Section 25 (1) (

c) of the Highway (Industrial) Act, R.S.B.C. 1996, c.

189, is amended by striking out "a public passenger vehicle" and

substituting "a scheduled bus" .

Insurance (Motor Vehicle) Act

Section 30.1 (1) of the Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231,

is amended

(

a) in paragraphs (

a) and (b) (

i) of the definition of "convicted"

by striking out "335, 354," and substituting "335,

344, 354," , and

(

b) in paragraph (

c) of the definition of "motor vehicle

indebtedness" by striking out "convicted of an offence under

section

322, 334, 335, 354, 355, 430, 434 or 435 of the Criminal Code " and

substituting "convicted of an offence under

section 322, 334, 335, 344, 354,

355, 430, 434 or 435 of the Criminal Code " .

Section 37 (4) is repealed and the following substituted:

(4) An owner's certificate is deemed to have lapsed and is void

immediately when the vehicle, for which the owner's certificate was issued, is registered

and licensed in another province or state.

Motor Carrier Act

Section 1 of the Motor Carrier Act, R.S.B.C. 1996, c. 315, is amended

(

a) by repealing the

definitions of "freight", "limited

freight vehicle", "limited vehicle", "private freight vehicle",

"public freight vehicle", "public passenger vehicle", "public

vehicle" , and "transportation" ,

(

b) in the definition of "limited passenger vehicle" by striking

out "public vehicle," and substituting "scheduled

bus," ,

(

c) in the

definitions of "motor carrier" and

"service" by striking out "public vehicle or a limited

vehicle" and substituting "scheduled bus or a limited passenger

vehicle" , and

(

d) by adding the following

definitions:

"passenger freight" means the personal baggage

and goods belonging to a passenger;

"scheduled bus" means a motor vehicle that

(

a) is available for use by the public, and

(

b) is operated at any time on a highway over a regular route or

between fixed terminating points and on a regular time

schedule by, for or on behalf of

any person who charges or collects compensation for the transportation of passengers in or

on the motor vehicle; .

Section 3 is amended by striking out "public vehicle or a limited

vehicle" and substituting "scheduled bus or a limited passenger

vehicle" .

Section 5 is amended

(

a) by repealing subsection (3) and substituting the following:

(3) In granting a licence, a panel of the commission may attach to

(

a) a statement of the area, district or territory that may be

served;

(

b) the points at which or the area, district or territory in

which passengers may be taken on or discharged;

(

c) the route or routes over which and the points between which

motor vehicles may be operated and the intermediate and off route points that may be

served by those vehicles;

(

d) the classes of transportation service that may be given;

(

e) a provision that individual fares must not be charged;

(

f) the terminal points from which motor vehicles may be operated;

(

g) the routes that may be followed. , and

(

b) in subsection (4) by striking out "public passenger vehicle,

limited passenger vehicle, public freight vehicle, limited freight vehicle or private

freight vehicle." and substituting "scheduled bus or limited

passenger vehicle."

Section 11 (1) is repealed and the following substituted :

(1) A licensee must display and preserve the licence issued in

respect of a vehicle

(

a) on the vehicle, and

(

b) in a manner conveniently seen by the public.

Section 14 is repealed.

Section 15 (2) is amended by striking out "public vehicle or

limited vehicle" and substituting "scheduled bus or limited

passenger vehicle" .

Section 16 is amended

(

a) in subsection (1) by striking out "and a person who owns or

operates a private freight vehicle" , and

(

b) in subsection (2) by striking out ", and a person who owns or

operates a private freight vehicle," .

Section 20 (1) is amended by striking out "public vehicle,

limited vehicle or private freight vehicle" and substituting "scheduled

bus or limited passenger vehicle" .

Section 21 (1) is amended by striking out "public vehicle or

limited vehicle" in both places and substituting "scheduled bus or

limited passenger vehicle" .

Section 39 is amended

(

a) by repealing subsection (3),

(

b) in subsection (4) (

c) by adding "passenger" before "freight," ,

(

c) in subsection (4) (c), (

t) and (

v) by striking out "public

vehicles and limited vehicles;" and substituting "scheduled buses

and limited passenger vehicles;" ,

(

d) in subsection (4) (

k) and (

p) by striking out "or freight" ,

(

e) by repealing subsection (4) (l),

(

f) in subsection (4) (

q) and (

y) by striking out "public vehicles

or limited vehicles;" and substituting "scheduled buses or limited

passenger vehicles;" ,

(

g) in subsection (4) (

r) by striking out "public vehicles, limited

vehicles and private freight vehicles," and substituting "scheduled

buses and limited passenger vehicles," , and

(

h) in subsection (4) (

u) by striking out "passengers on freight

vehicles and the carrying of freight" and substituting "passenger

freight" .

Section 59 is amended by striking out "or freight"

wherever it appears.

Section 60 (1) is amended by striking out "public passenger

vehicle," and substituting "scheduled bus," .

Section 63 is amended

(

a) in subsections (1) and (2) by striking out "public vehicle or

limited vehicle" and substituting "scheduled bus or limited

passenger vehicle" ,

(

b) in subsection (1) (

a) by striking out "or sell or offer to sell

transportation of freight," , and

(

c) in subsections (1) (

b) and (

c) and (2) by striking out "or

freight" .

Motor Vehicle Act

Section 16 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed and

the following substituted:

New vehicle identification numbers

(1) If, with respect to a motor vehicle or trailer, any

of the following circumstances exist, the owner of the motor vehicle or trailer must

immediately apply to the Insurance Corporation of British Columbia for a new vehicle

identification number for the motor vehicle or trailer:

(

a) the vehicle identification number on a motor vehicle or

trailer has become illegible or has been removed or obliterated;

(

b) a vehicle identification number is not the same as any other

vehicle identification number on the motor vehicle or trailer;

(

c) the motor vehicle or trailer does not have a vehicle

identification number.

(2) On being satisfied that the applicant is the lawful owner of

the motor vehicle or trailer, the Insurance Corporation of British Columbia may assign a

new vehicle identification number to it, and the owner must then cause the number so

assigned, with the initials "B.C." to indicate British Columbia, and the date of

the assignment of the number to be applied by a method designated by the corporation on

the part or parts of the motor vehicle or trailer designated by the corporation.

(3) If the Insurance Corporation of British Columbia is satisfied

that a new vehicle identification number has been assigned to and applied to a motor

vehicle or trailer under this section, the corporation must cause the new number to be

inserted in the registration record and licence of the motor vehicle or trailer.

Section 21 (2) (

b) is repealed and the following substituted:

(

b) by a person for the period that the person is registered as a

student at and attends any of the following educational institutions:

(

i) a university, as defined in the University Act;

(ii) an institution, as defined in the College and Institute

Act;

(iii) the British Columbia Institute of Technology;

(iv) the University of Northern British Columbia;

(

v) the Technical University of British Columbia;

(vi) Royal Roads University;

(vii) the Open Learning Agency;

(viii) any other educational institution authorized under

an Act

to grant degrees, .

Section 25 is amended by adding the following subsection:

(1.1) For the purposes of subsection (1), an applicant must

provide the following:

(

a) a residential address;

(

b) documentary proof satisfactory to the Insurance Corporation of

British Columbia of the applicant's identity.

Section 26 is amended by adding the following subsection:

(5.1) The Insurance Corporation of British Columbia may refuse to

issue a safety certificate to an operator, as defined in

section 212 (1), if the operator

or, in the case of an operator that is a corporation, if the operator or a director or

officer of the operator, is indebted to the insurance corporation for any motor vehicle

indebtedness or to the government for any fine indebtedness, until

(

a) the corporation is satisfied that the amount of the

indebtedness has been fully paid, or

(

b) the indebted person makes arrangements satisfactory to the

corporation for its payment.

Section 41 (1) and (2) is repealed and the following substituted:

(1) In this section:

"freight" includes personal property of every

description that may be conveyed on a motor vehicle or trailer, but does not include a

passenger's personal baggage;

"limited freight vehicle" means a motor vehicle

operated at any time on a highway by, for or on behalf of any person who charges or

collects compensation for the transportation of freight in or on the motor vehicle, but

only if

(

a) the operation is carried on solely under a limited number of

special or individual contracts or agreements, and

(

b) the motor vehicle is not available for use by the general

public;

"public freight vehicle" means a motor vehicle,

other than a limited freight vehicle, that is operated at any time on a highway by, for or

on behalf of any person who charges or collects compensation for the transportation of

freight in or on the motor vehicle;

"transportation", with respect to freight, includes

the shipment, care, handling, storage and delivery of it;

"transporter" means a person regularly engaged in

the business of transporting vehicles.

(2) This

section does not apply in respect of a public freight

vehicle.

Section 58 is repealed and the following substituted:

Removal or obliteration of engine or vehicle identification

number prohibited

(1) A person must not, without the written consent of

the Insurance Corporation of British Columbia, remove or obliterate the manufacturer's

engine number or vehicle identification number on a motor vehicle.

(2) If, with respect to a motor vehicle, any of the circumstances

referred to in

section 16 (1) (

a) to (

c) exist and a new vehicle identification number has

not been assigned to and applied on the motor vehicle under

section 16, a person must not

without the written consent of the Insurance Corporation of British Columbia buy, sell,

exchange, dismantle or break up that motor vehicle.

Section 83 is amended in subsections (3), (6) and (7) by striking out

"under subsection (1)" and substituting "under subsection

(2)" .

Section 83.2 (6) is amended by striking out "superintendent"

and substituting "corporation" .

25 The following

section is added to

Part 2.1:

Temporary suspension or cancellation of safety certificate

118.93

(1) On application by the Insurance Corporation of

British Columbia and if satisfied that it is appropriate to do so, the superintendent may

suspend the safety certificate of a person pending the holding of a show cause hearing

under

section 118.4 (d).

(2) An action for damages may not be brought against the

superintendent because of anything done or omitted to be done in good faith in the

performance or purported performance of any duty under subsection (1) or in the exercise

or purported exercise of any power under subsection (1).

26 The following

section is added:

Traffic control signals inoperative

125.1

(1) The driver of a vehicle approaching an

intersection that has traffic control signals that are inoperative must stop before

entering the intersection.

(2) If 2 vehicles have come to a stop at an intersection described

in subsection (1) from different highways at approximately the same time, the driver of a

vehicle must yield the right of way to the vehicle that is on the right of the vehicle

that he or she is driving, but if one of the vehicles is already entering the

intersection, the driver of the other vehicle must stop and yield the right of way to the

entering vehicle while it is proceeding into or across the intersection.

Section 146 (6) is repealed and the following substituted:

(6) Subject to subsections (2) and (3), a municipality may by

bylaw direct the rate of speed at which a person may drive or operate a motor vehicle on a

highway in the municipality.

Section 212 is amended

(

a) in subsection (1) by adding "and in sections 212.1 and

212.2" after "In this section" ,

(

b) in subsection (1) by striking out "and" at the end of

paragraph (a), by adding "and" at the end of paragraph (

b) and by

adding the following paragraph:

(

c) the lessee of the motor vehicle if the lease for the motor

vehicle has a term of at least one month, ,

(

c) in subsection (4) (f) (

i) by striking out "records

respecting" and substituting "prescribed records, including

records respecting" , and

(

d) by repealing subsection (4) (f) (ii) and substituting the following:

(ii) to produce or deliver those records to the corporation on

demand and in the manner and time and to the location specified by the corporation;

29 The following sections are added:

Operator's duty to provide information

212.1

(1) An operator must, in the manner prescribed,

provide to the Insurance Corporation of British Columbia all information it requires

relevant to insurance or safety issues, including specific answers to all questions it

submits.

(2) An operator who receives from the Insurance Corporation of

British Columbia any form of return with directions to fill it out must properly fill it

out and answer fully and correctly each question contained in it, and must deliver it to

the corporation within the time, in the manner and to the location prescribed.

(3) When required by the Insurance Corporation of British

Columbia, an operator must deliver to the corporation, within the time, in the manner and

to the location prescribed, all records in his or her possession or control in any way

relating to the operator's property or service or affecting his or her business, or copies

of those records.

Regulations respecting vehicles having safety certificates

212.2

(1) Without limiting sections 210 and 212, the

Lieutenant Governor in Council may make regulations for promoting and securing the safety

of motor vehicles for which safety certificates are required under this Act and the safety

and protection of the passengers, animals and cargo carried in or on those vehicles.

(2) Without limiting subsection (1), the Lieutenant Governor in

Council may make regulations respecting the following:

(

a) the filing with Insurance Corporation of British Columbia of

prescribed records and information in the manner and time prescribed;

(

b) fees to be paid for any filing required under this Act;

(

c) the maximum number of passengers or the maximum weight of

freight, or both, that may be carried by motor vehicles;

(

d) the conditions to be contained in and to become part of all

agreements entered into by operators in respect of their services or in respect of any

class of service;

(

e) the conduct of drivers and passengers;

(

f) the inspection of motor vehicles and of their operation;

(

g) bills of lading;

(

h) restrictions as to use of motor vehicles;

(

i) the carrying of passengers and freight in or on motor

vehicles;

(

j) the equipment of motor vehicles.

Section 217 (3) is amended

(

a) by striking out "and" at the end of paragraph (a),

and

(

b) by adding the following paragraphs:

(

c) the driver of a motor vehicle commits an offence if he or she

operates the vehicle in contravention of an emissions standard prescribed under subsection

(2), and

(

d) if a motor vehicle is operated in contravention of an

emissions standard prescribed under subsection (2), the owner of the motor vehicle may be

held liable for that contravention.

31 The following

Part is added:

Part 6 – Carriers

Definitions

237 In this Part:

"business vehicle" means a motor vehicle

(

a) that is operated at any time on a highway by, for or on behalf

of any person who charges or collects compensation for the transportation of freight in or

on the motor vehicle, but only if

(

i) the operation is carried on solely under a limited number of

special or individual contracts or agreements, and

(ii) the motor vehicle is not available for use by the general

public,

(

b) that is operated at any time on a highway for the

transportation of freight, and includes a motor vehicle that is operated for any of the

following purposes:

(

i) transportation of freight that is genuinely the property of

the owner of the motor vehicle;

(ii) transportation of freight used or subjected to a process or

treatment by the owner of the motor vehicle in the course of a regular trade or occupation

or established business of the owner, when the transportation is incidental to the owner's

trade, occupation or business;

(iii) delivery or collection of freight sold or purchased, or

agreed to be sold or purchased, or let on hire by the owner of the motor vehicle,

otherwise than as agent, in the course of a regular trade or established business of that

owner, or

(

c) that is operated at any time on a highway by, for or on behalf

of any person who charges or collects compensation for the transportation of freight in or

on the motor vehicle,

but does not include a motor vehicle operated for hire while used

exclusively in carrying pupils or teachers to or from a school;

"carrier" means, in relation to a business

vehicle,

(

a) the owner of the business vehicle as "owner" is

defined in

section 1,

(

b) any other person having management of the business vehicle or

determination of the uses to which it is put, and

(

c) the lessee of the business vehicle if the lease for the

business vehicle has a term of at least one month,

but a person is not a carrier merely because he or she is the

driver of the business vehicle;

"freight" includes personal property of every

description that may be conveyed in or on a motor vehicle or trailer, but does not include

a passenger's personal baggage;

"insurance corporation" means the Insurance

Corporation of British Columbia.

Operating requirements for business vehicles

(1) Except as exempted under this Act, a person must

not operate on a highway a motor vehicle as a business vehicle unless

(

a) a safety certificate has been obtained in respect of the

carrier,

(

b) all prescribed documents are carried in the motor vehicle in

the prescribed manner,

(

c) proof of financial responsibility of the owner of the motor

vehicle has been given to the insurance corporation under

section 106, or a motor

vehicle liability policy has been issued in respect of the motor vehicle,

(

d) proof that a cargo insurance policy has been obtained in

respect of the goods being transported in or on the motor vehicle and the proof has been

provided to the insurance corporation in the prescribed manner, and

(

e) all other prescribed requirements applicable to the operation

of the motor vehicle as a business vehicle have been complied with.

(2) The insurance corporation may, with the approval of the

Lieutenant Governor in Council or if authorized to do so by a regulation of the Lieutenant

Governor in Council, exempt any person or motor vehicle, or class of person or motor

vehicle, from the application of any provision of this Act, or may limit or vary the

application of any provision of this Act in any manner, and the exemption, limitation or

variation is of the same force and effect as if set out in this Act.

Power to search business vehicles

(1) An officer or constable of the provincial police

force or an officer, as defined in

section 1 of the Police Act , who is employed by

the insurance corporation may, without a warrant, search a business vehicle on a highway

to determine whether this Act and the regulations are being complied with in the operation

of that business vehicle, and for that purpose may require the driver of the business

vehicle to stop the business vehicle and permit the search to be made.

(2) The driver or other person in charge of a business vehicle on

a highway who is required by an officer or constable of the provincial police force or an

officer, as defined in

section 1 of the Police Act , who is employed by the

insurance corporation, by signals or otherwise, to stop the business vehicle or to permit

it to be searched for the purposes of this section, and who refuses or fails to stop the

business vehicle or to permit it to be searched, commits an offence against this Act.

Liability for act or omission of employee

(1) In construing and enforcing this Act or the

regulations, the act, omission or failure of any officer, agent or person acting for or

employed by a carrier, if within the scope of his or her employment, is also deemed to be

the act, omission or failure of the carrier.

(2) If an officer, agent or person acting for or employed by a

carrier, performs

an act or omits or fails to do something and, as a result of the

operation of subsection (1), the carrier is deemed to have performed

an act or omitted or

failed to do something that results in an offence being committed, a ticket, summons or

other document served under the Offence Act is deemed to have been served on the

carrier if it has been served on the person who is alleged to have performed the act or

omitted or failed to do something that resulted in an offence being committed.

Section 237 as enacted by the Motor Vehicle Statutes Amendment Act, 1999 is

amended, in the definition of "business vehicle" by

striking out "or" after paragraph (b), by adding

"or" after paragraph (

c) and by adding the following paragraph:

(

d) whether available or not for use by the public, that is

operated at any time on a highway by, for or on behalf of any person who charges or

collects compensation for the transportation of passengers in or on the motor vehicle, but

does not include a scheduled bus, as that term is defined in

section 1 of the Motor

Carrier Act , or a taxi, .

Commencement

(1) Sections 1, 4 to 26 and 28 to 32 come into force by

regulation of the Lieutenant Governor in Council.

(2) When brought into force by regulation, sections 23 and 24 are

deemed to have come into force on April 21, 1997 and are retroactive to the extent

necessary to give them effect on and after that date.

Copyright © 1999: Queen's Printer, Victoria, British Columbia, Canada