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Volume 51, No. 2

B.C. Reg. 14/2008

The British Columbia Gazette,

Part II

January 29, 2008

B.C. Reg. 14/2008 , deposited January 18, 2008, pursuant to the PASSENGER TRANSPORTATION ACT [Section 59 (2) (1)] and the OFFENCE ACT [Section 132 (2) (a.1)]. Order in Council 25/2008 approved and ordered January 17, 2008.

On the recommendation of the undersigned, and the Attorney General in the case of

section 2, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

1 The Passenger Transportation Regulation, B.C. Reg. 266/2004, is amended as set out in the attached Schedule.

2 The Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended in

Schedule 2 by adding the following heading and item as indicated:

Ticketed

Provision

Contravention

Victim

Surcharge

Fine

Levy

Amount

Passenger Transportation Regulation, B.C. Reg. 266/2004

section 12.1

(2) Refuse transport to a passenger

$250

$38

$288

Schedule

Section 12 (1) of the Passenger Transportation Regulation, B.C. Reg. 266/2004, is amended by striking out "offensive to other passengers." and substituting "offensive to the driver or other passengers.", and

2 The following

section is added to

Part 2:

Restrictions on refusal of passengers by taxi drivers

12.1

(1) In this section, "taxi driver" means the driver of a passenger directed vehicle that is operated under a licence that expressly authorizes the driver to convey passengers who hail or flag the passenger directed vehicle from the street, or who cause the passenger directed vehicle to be hailed or flagged from the street.

(2) A taxi driver who is available for the conveyance of passengers must not refuse to transport a passenger who hails the taxi driver or requests transportation in any manner unless the taxi driver has reasonable grounds to believe that any of the following circumstances apply:

(

a) transporting the passenger would violate

(

i) a provision of an enactment, or

(ii) a term or condition of the licence under which the vehicle is operated;

(

b) transporting the passenger would endanger the health or safety of the driver or any passenger;

(

c) the passenger refuses to pay, on request of the taxi driver, a deposit

(

i) in an amount up to the estimated amount of compensation that would reasonably be owing at the end of the trip, and

(ii) in any form that is normally accepted as compensation by the licensee;

(

d) any of the circumstances described in

section 12 (1).

— K. FALCON, Minister of Transportation; W. OPPAL, Attorney General and Minister Responsible for Multiculturalism; G. CAMPBELL, Presiding Member of the Executive Council.

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