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Volume 53, No. 15

B.C. Reg. 238/2010

The British Columbia Gazette,

Part II

August 10, 2010

B.C. Reg. 238/2010 , deposited July 28, 2010, pursuant to the MOTOR VEHICLE ACT [Sections 210 and 268] and the MOTOR VEHICLE AMENDMENT ACT, 2010 [Section 29]. Order in Council 500/2010, approved and ordered July 28, 2010.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that, effective September 20, 2010,

1 Sections 2, 3, 6, 7 (c), 10 to 12, 14, 15 (

b) to (e), 19, 24, 25 and 28 of the Motor Vehicle Amendment Act, 2010, S.B.C. 2010, c. 14, are brought into force.

Section 2 of the Approved Screening Device Regulation, B.C. Reg. 590/2004, is amended by striking out "

section 215 " and substituting " sections 215 and 215.41 (2) " and by adding the following paragraph:

(

c) Alco Sensor FST.

3 Item 10 of the

Schedule to the Motor Vehicle Fees Regulation, B.C. Reg. 334/91, is repealed.

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

— M. de JONG, Minister of Public Safety and Solicitor General ; G. CAMPBELL, Presiding Member of the Executive Council .

Schedule

Section 43.01 is amended

(

a) by renumbering the

section as

section 43.01 (1),

(

b) in subsection (1) by striking out " and instructions " and by striking out " and the prescribed certificate of service for the purpose of

section 94.3 (

c) of the Act ", and

(

c) by adding the following subsection:

(2) The prescribed notice of driving prohibition for the purpose of

section 215.41 (6) of the Act is set out in Form 7.

2 Sections 43.02 to 43.07 and Forms 2 to 6 of Division 43 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58, are repealed.

Section 43.08 is amended

(

a) in subsection (1) by adding " or 215.48 (1) (b) " after " 94.4 (1) (b) (ii) " and by striking out " $50 " and substituting " $100 ",

(

b) in subsection (2) by adding " or 215.48 (5) (b) (ii) " after " 94.4 (5) (b) " and by striking out " $100 " and substituting " $200 ", and

(

c) by repealing subsections (3) to (10) and substituting the following:

(4) The prescribed hearing fee for the purposes of sections 256 (1) (

b) and 259 (1) (

b) of the Act is $50.

(5) The prescribed hearing fee for the purposes of sections 256 (5) (b), 262 (2) (

c) and 263 (3) (

c) of the Act is $100.

(8) The prescribed vehicle release fee for release of a motor vehicle on economic hardship grounds under

section 262 (4) (

b) of the Act is $450.

(10) The prescribed vehicle release fee for the release of a motor vehicle on compassionate grounds under

section 263 (4) (

b) of the Act is $100.

4 The following

section is added:

Monetary penalties – automatic roadside driving prohibitions

43.09 The following monetary penalties are prescribed for the purpose of

section 215.44 (1) of the Act:

(

a) in the case of a 3-day driving prohibition, $200;

(

b) in the case of a 7-day driving prohibition, $300;

(

c) in the case of a 30-day driving prohibition, $400;

(

d) in the case of a 90-day driving prohibition, $500.

5 The following form is added as Form 7:

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