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Volume 53, No. 2

B.C. Reg. 40/2010

The British Columbia Gazette,

Part II

February 9, 2010

B.C. Reg. 40/2010 , deposited February 4, 2010, pursuant to the MOTOR VEHICLE ACT [Section 210]. Order in Council 84/2010, approved and ordered February 4, 2010.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that, effective October 1, 2010, the Motor Vehicle Act Regulations, B.C. Reg. 26/58, is amended as set out in the attached Schedule.

— S. BOND, Minister of Transportation and Infrastructure ; I. CHONG, Presiding Member of the Executive Council .

Schedule

1 The Motor Vehicle Act Regulations, B.C. Reg. 26/58, is amended by adding the following Division:

Division 40B – Heavy Vehicle Diesel Emission Control Device

Interpretation and application

40B.01

(1) In this Division:

"diesel engine" means an engine that uses diesel fuel and in which internal combustion is initiated by compression instead of by a spark;

"inspection" means an inspection and test of a vehicle to determine whether the vehicle is fitted with an emission control device;

"vehicle" means a commercial vehicle that is registered and licensed under

section 6 of the Commercial Transport Act , powered by a diesel engine and with a licensed gross vehicle weight of more than 8 200 kg, but does not include

(

a) a bus,

(

b) an emergency vehicle,

(

c) a vehicle

(

i) that is an industrial machine or road building machine, other than a vehicle described by body style in

Schedule 1 to Division 25 that has a licensed gross vehicle weight greater than 17 300 kg,

(ii) licensed under

section 8, 9, 10, 38, 41, 42 or 44 of the Act,

(iii) owned by Her Majesty the Queen in Right of Canada,

(iv) driven under a permit issued under

section 6 (7) of the Commercial Transport Act or under Division 14 of this regulation,

(

v) to which

section 21 of the Act applies,

(vi) that is a commercial vehicle having a licensed gross vehicle weight of 17 300 kg or less and that is licensed and insured as a farm vehicle, or

(vii) that is exempted by the director under

section 25.01 (3) or (4).

(2) For the purposes of inspection of a vehicle that is required under this Division to be equipped with an emission control device, Division 25, except

section 25.01 (2) to (4), applies to the inspection and the vehicle as if the definition of "standards" in

section 25.01 (1) included the requirements of

section 40B.02.

Emission control device required

40B.02

(1) A vehicle

(

a) of a model year of 1989 to 1993 that has a diesel engine with a model year of 1989 to 1993, or

(

b) that has a diesel engine with a model year of 1989 to 1993

must be equipped with an emission control device that complies with subsection (3).

(2) The model year of a vehicle's engine must be determined as follows:

(

a) by the year indicated on the engine information label;

(

b) if there is no label as described in paragraph (a), by the year of the chassis as indicated on the manufacturer's statement of compliance label.

(3) An emission control device for a vehicle must reduce particulate matter emissions by at least 20%.

Director May exempt from requirement

40B.03

(1) The director May exempt a vehicle from the requirement in

section 40B.02 unconditionally or on conditions the director considers desirable, if one or more of the following circumstances exist:

(

a) the director is satisfied, based on information provided to the director, that an emission control device

(

i) is not available for the diesel engine type or model year of that vehicle, or

(ii) cannot be installed on the vehicle for technical reasons;

(

b) use of the vehicle is required in an emergency.

(2) For safety purposes, the director May exempt a vehicle from the requirement in

section 40B.02 unconditionally or on conditions the director considers desirable.

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