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Volume 51, No. 12

B.C. Reg. 145/2008

The British Columbia Gazette,

Part II

June 17, 2008

B.C. Reg. 145/2008 , deposited June 6, 2008, pursuant to the MOTOR VEHICLE ACT [Section 210]. Order in Council 414/2008, approved and ordered June 6, 2008.

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

— K. FALCON, Minister of Transportation; G. CAMPBELL, Presiding Member of the Executive Council .

Schedule

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

"neighbourhood zero emission vehicle" means a vehicle that travels on 4 wheels and is powered by an electric motor that is designed to allow the vehicle to attain a speed of 32 km/hr but not more than 40 km/hr in a distance of 1.6 km on a paved level surface, and

(

a) meets or exceeds standards of the Motor Vehicle Safety Act (Canada) for a low-speed vehicle and bears a compliance label for a low-speed vehicle in accordance with that Act, or

(

b) if imported to Canada, has been imported as an admissible low-speed vehicle in accordance with the Motor Vehicle Safety Act (Canada) requirements and

(

i) bears a compliance label for a low-speed vehicle in accordance with that Act, or

(ii) meets applicable federal United States laws in accordance with the Motor Vehicle Safety Act (Canada).

Section 7.01 is amended

(

a) in subsection (1) by striking out "Subject to subsection (2)" and substituting "Subject to subsections (2) and (3)", and

(

b) by adding the following subsection:

(3) A neighbourhood zero emission vehicle need not comply with the requirements set out in this Division but it must meet the equipment standards required under the Motor Veh icle Safety Act (Canada) for low-speed vehicles.

Section 7.09 is amended

(

a) in subsection (1) by striking out "Subject to subsection (2)" and substituting "Subject to subsections (2) and (3)",

(

b) by adding the following paragraph to subsection (2):

(

f) neighbourhood zero emission vehicles. , and

(

c) by adding the following subsection:

(3) The standards for neighbourhood zero emission vehicles are those set out under the Motor Vehicle Safety Act (Canada) for low-speed vehicles.

Section 7B.01 of Division 7B is amended in the definition of "Slow moving vehicle" by adding "a neighbourhood zero emission vehicle," after "but does not include".

5 The following sections are added to Division 24:

Neighbourhood zero emission vehicles

24.07

(1) No person may drive or operate a neighbourhood zero emission vehicle on a highway or class of highway except as authorized under this section.

(2) A person may drive or operate a neighbourhood zero emission vehicle in unorganized areas of British Columbia

(

a) on a highway or class of highway that has a speed limit of 40 km/hr or less, or

(

b) if authorized by a road use permit issued by the Minister of Transportation under

section 209 (2) (

d) of the Act, on a highway or class of highway that has a speed limit of over 40 km/hr but no more than 50 km/hr.

(3) A person may drive or operate a neighbourhood zero emission vehicle in a municipality

(

a) on a highway or class of highway that has a speed limit of 40 km/hr or less, or

(

b) if authorized by bylaw of the council of a municipality, on a highway or class of highway that has a speed limit of over 40 km/h but no more than 50 km/hr.

(4) A person who drives or operates a neighbourhood zero emission vehicle as authorized by subsection (2) or (3) may cross a highway that has a speed limit that is not greater than 80 km/hr at an intersection to enable the person to continue on a highway on which the person is authorized to drive or operate a neighbourhood zero emission vehicle.

(5) A person commits an offence who operates a neighbourhood zero emission vehicle in contravention of this section.

Grandparenting of neighbourhood zero emission vehicles

24.08

(1) If a person owns or leases a neighbourhood zero emission vehicle on the day before this

section comes into force,

(

a) Division 7B applies to the neighbourhood zero emission vehicle, and

(

b) sections 7.01 (3), 7.09 (3) and 24.07 do not apply to the neighbourhood zero emission vehicle

as long as the neighbourhood zero emission vehicle continues to be owned or leased by the person who owned or leased it on the day before this

section comes into force.

(2) A person described in subsection (1) may apply to the director to exempt the person from subsection (1).

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