British Columbia Gazette Part II — B.C. Reg. 164/2019
B.C. Reg. 164/2019
British Columbia — Gazette
Copyright © Queen's Printer,
Victoria, British Columbia, Canada
Licence
Disclaimer
Volume 62, No. 14
164/2019
The British Columbia Gazette,
Part II
July 16, 2019
B.C. Reg. 164/2019 , deposited July 8, 2019, under the PASSENGER TRANSPORTATION AMENDMENT ACT, 2018 [section 51] and the PASSENGER TRANSPORTATION ACT [sections 59 to 59.6]. Order in Council 417/2019, approved and ordered July 8, 2019.
On the recommendation of the undersigned, the Lieutenant Governor, by and with
the advice and consent of the Executive Council, orders that the Passenger Transportation
Regulation, B.C. Reg. 266/2004, is amended,
(
a) effective September 3, 2019, as set out in the attached
Schedule 1, and
(
b) effective September 16, 2019, as set out in the attached
Schedule 2.
— C. TREVENA, Minister of Transportation and Infrastructure ; S. SIMPSON, Presiding Member of the Executive Council .
Schedule 1
1 The Passenger Transportation Regulation, B.C. Reg. 266/2004, is amended by adding
the following section:
Definition of "fleet size" for Act
1.1
(1) In the Act, "fleet size" means the maximum number of passenger directed vehicles authorized to be actively
operating, at any given time, under a licence that includes a passenger directed vehicle
authorization or transportation network services authorization.
(2) For the purposes of subsection (1), a passenger directed vehicle is actively
operating under a passenger directed vehicle authorization if either of the following
applies:
(
a) the motor vehicle is available to be hailed by or for a passenger;
(
b) the motor vehicle is being operated for the purposes of picking up, transporting
or dropping off a passenger by or for whom the motor vehicle has been hailed.
(3) For the purposes of subsection (1), a passenger directed vehicle is actively
operating under a transportation network services authorization if the motor vehicle
is being operated for the purposes of picking up, transporting or dropping off a passenger
by or for whom the motor vehicle has been hailed through the use of the licensee's
online platform.
Section 2 is amended
(
a) in subsection (1) by striking out " A commercial passenger vehicle is excluded from the definition of "inter-city bus"
" and substituting " A commercial passenger vehicle is excluded for the purposes of paragraph (
a) of
the definition of "inter-city bus" in
section 1 of the Act ",
(
b) in subsection (1) (
b) by striking out " paragraph (a) (i) " and substituting " paragraph (a) (
i) of this subsection ",
(
c) in subsection (1) (
c) by striking out " paragraph (a) (i) " and substituting " paragraph (a) (
i) of this subsection " and by striking out " paragraph (a) (ii) " and substituting " paragraph (a) (ii) of this subsection ",
(
d) in subsection (2) by striking out " from the definition of "inter-city bus" " and substituting " for the purposes of paragraph (
a) of the definition of "inter-city bus" in
section
1 of the Act ",
(
e) by adding the following subsection:
(2.1) A commercial passenger vehicle is excluded for the purposes of paragraph
(
a) of the definition of "inter-city bus" in
section 1 of the Act when the commercial
passenger vehicle is operated on a set time
schedule
(
a) between a location in the Capital Regional District and another location inside
the Capital Regional District, or
(
b) between a location in the Metro Vancouver Regional District and another location
inside the Metro Vancouver Regional District.
(
f) in subsection (3) by striking out " paragraph (
a) of the definition of "inter-city bus" in the Act " and substituting " paragraph (a) (i) (
A) of the definition of "inter-city bus" in
section 1 of the
Act " and by striking out " in the Greater Vancouver Regional District or in the Capital Regional District " and substituting " in the Capital Regional District or in the Metro Vancouver Regional District ",
(
g) in subsection (4) by striking out " paragraph (
a) of the definition of "inter-city bus" in the Act " and substituting " paragraph (a) (i) (
B) of the definition of "inter-city bus" in
section 1 of the
Act " and by striking out " Greater Vancouver Regional District " and substituting " Metro Vancouver Regional District ", and
(
h) by repealing subsection (5) and substituting the following:
(5) A commercial passenger vehicle is prescribed as an inter-city bus for the
purposes of paragraph (
b) of the definition of "inter-city bus" in
section 1 of the
Act when it is operated on a set time
schedule
(
a) between a location in the Capital Regional District and another location outside
the Capital Regional District, whether in British Columbia or not, or
(
b) between a location in the Metro Vancouver Regional District and another location
outside the Metro Vancouver Regional District, whether in British Columbia or not.
Section 3 is amended
(
a) by repealing subsection (1) and substituting the following:
(1) Subject to subsection (3), the number of persons prescribed for the purposes
of paragraph (a) (
i) of the definition of "passenger directed vehicle" in
section
1 of the Act is 11. ,
(
b) in subsection (2) by striking out " The following commercial passenger vehicles are excluded from the definition of
"passenger directed vehicle": " and substituting " For the purposes of paragraph (a) (ii) of the definition of "passenger directed
vehicle" in
section 1 of the Act, the following are excluded: ",
(
c) in subsection (2) (b) (ii) and (d) (iii) by striking out " subparagraph (i) " and substituting " subparagraph (
i) of this paragraph ", and
(
d) in subsection (3) by striking out " is included in the definition of "passenger directed vehicle". " and substituting " is prescribed as a passenger directed vehicle for the purposes of paragraph (
b) of the definition of "passenger directed vehicle" in
section 1 of the Act. "
Schedule 2
Section 1 (1) of the Passenger Transportation Regulation is amended
(
a) in the definition of "charitable association" by striking out " Canada Customs and Revenue Agency " and substituting " Canada Revenue Agency ", and
(
b) in the definition of "school bus" by striking out " to convey students " and substituting " to transport students ".
Section 4 is amended by striking out " as motor carrier inspectors or as passenger transportation inspectors " and substituting " as passenger transportation inspectors ".
Section 5 is amended
(
a) in paragraph (
c) by striking out " Greater Vancouver Transportation Authority " and substituting " South Coast British Columbia Transportation Authority " and by striking out " Greater Vancouver Transportation Authority Act " and substituting " South Coast British Columbia Transportation Authority Act ",
(
b) in paragraph (l) (
i) by striking out " from the facility, " and substituting " from the facility, or ", and
(
c) by repealing paragraph (
n) and substituting the following:
(
n) a commercial passenger vehicle when it is being operated by a person who is
authorized to provide real estate services under the Real Estate Services Act ; .
Section 6 is amended
(
a) by striking out " must retain the care and control of every commercial passenger vehicle that is
operated under the licence and ", and
(
b) by repealing subsection (2).
Section 7 is amended
(
a) by renumbering the
section as
section 7 (1), and
(
b) by adding the following subsection:
(2) A person must not operate a passenger directed vehicle under a licence or
a temporary operating permit issued under
section 38 [applications considered by board] of the Act unless a driver's licence of the class required for that operation has
been issued to the person under the Motor Vehicle Act.
Section 12.1 is amended
(
a) in subsection (1) by striking out " to convey passengers " and substituting " to transport passengers ", by striking out " or flag " and by striking out " or flagged " , and
(
b) in subsection (2) by striking out " for the conveyance of passengers " and substituting " to transport passengers ".
7 The following
section is added to
Part 2:
Evidence of authority to operate passenger directed vehicle under licence
12.5
(1) In this section, "valid record check certificate" has the same meaning as in
section 12.6 (2).
(2) For the purposes of sections 43 (2) (b) [licence or evidence of authority to operate must be carried in motor vehicle]
and 56 (2) (a.1) [licence or evidence of authority to operate must be carried in motor vehicle]
of the Act, evidence of authority to operate a motor vehicle as a passenger directed
vehicle under a licence must be capable of being produced, immediately on request,
(
a) in the case of a motor vehicle being operated under a passenger directed vehicle
authorization, in the form of a printed copy of the driver's valid record check certificate
and, for this purpose, the printed copy must comply with the standards, if any, specified
by the registrar, and
(
b) in the case of a motor vehicle being operated under a transportation network
services authorization, in the form of a record that
(
i) is on the licensee's online platform,
(ii) is accessed from a device in the driver's personal possession, and
(iii) includes
(
A) the driver's valid record check certificate,
(
B) the make, model and number on the number plate issued in respect of the motor
vehicle,
(
C) the vehicle year of the motor vehicle, as indicated on the vehicle registration
issued by the Insurance Corporation of British Columbia in respect of that motor vehicle,
and
(
D) the certificate number of the licensee's safety certificate referred to in
section 23.1 (1) (b) [licence required to provide transportation network services] of the Act.
8 The following
Part is added:
Part 2.1 — Record Check Requirements for Drivers of Passenger Directed Vehicles
Definitions and
interpretation for
Part 2.1
12.6
(1) In this Part:
"criminal record check" means a record check required under
section 12.61 (a);
"driving record check" means a record check required under
section 12.61 (b);
"finding of guilt" includes the following:
(
a) a conviction that is or may be subject to appeal or further appeal;
(
b) a finding of guilt, whether or not
(
i) the court orders an absolute or conditional discharge under
section 730 [absolute and conditional discharges] of the Criminal Code , or
(ii) the finding is or may be subject to appeal or further appeal;
"prescribed matter" means a matter prescribed by
(
a) section 12.63 [prescribed matters respecting criminal record] , or
(
b) section 12.66 [prescribed matters respecting driving record].
(2) For the purposes of this Part, a person has a valid record check certificate
(
a) the certificate has been issued to the person in accordance with
section 42.2 (3)
[prescribed record checks required for drivers of passenger directed vehicles]
of the Act,
(
b) the certificate has not expired under
section 12.69 [expiry date of record check certificate] of this regulation, and
(
c) the certificate is not required to be, as applicable,
(
i) returned to the licensee under
section 42.2 (4) (
b) of the Act, or
(ii) removed from the licensee's online platform under
section 12.73 (1) (b) [requirements if driver under transportation network services authorization acquires
record] of this regulation.
Prescribed record checks
12.61 For the purposes of
section 42.2 (1) (a) [prescribed record checks required for drivers of passenger directed vehicles]
of the Act, a person must not drive a passenger directed vehicle under a licence unless
the person has undergone both of the following within the previous 12 months:
(
a) a criminal record check in the form of a police information check, with vulnerable
sector screening, obtained in accordance with
section 12.62 (1) to (3) of this regulation;
(
b) a driving record check obtained in accordance with
section 12.62 (1), (4)
and (5) of this regulation.
Requirements for carrying out record checks
12.62
(1) A criminal record check or driving record check for a person who is or may be
driving a passenger directed vehicle may be obtained, on the person's behalf, by an
agency or entity approved by the registrar.
(2) A criminal record check for a person who is or may be driving a passenger
directed vehicle must be obtained from the police force responsible for law enforcement
and policing in the area of British Columbia in which the person resides.
(3) Subsection (2) does not apply in respect of a criminal record check obtained
by an agency or entity approved by the registrar under subsection (1).
(4) A driving record check for a person who is or may be driving a passenger directed
vehicle
(
a) must be obtained from the Insurance Corporation of British Columbia, and
(
b) if the person was, within the previous 3 years, issued a driver's licence
by a jurisdiction other than British Columbia, must include a driving record check
obtained from the agency or entity that issued the driver's licence in that jurisdiction.
(5) The results of a driving record check obtained in accordance with subsection
(4) must be provided,
(
a) in the case of a driving record check obtained from the Insurance Corporation
of British Columbia, in the form of a driver's abstract, or
(
b) in the case of a driving record check obtained from a jurisdiction other than
British Columbia, in a form similar to a driver's abstract provided by the Insurance
Corporation of British Columbia.
Prescribed matters respecting criminal record
12.63 For the purposes of
section 42.2 (2) (
a) and (b) [person with record that includes prescribed matter must not drive passenger directed
vehicle] of the Act, the prescribed matters respecting a person's criminal record are as follows:
(
a) a finding of guilt, whenever made, for any offence of a sexual nature under
the Criminal Code , including, without limitation, an offence under any of the provisions referred to
section 12.64 of this regulation;
(
b) a finding of guilt, whenever made, for any offence under the provisions of
the Criminal Code referred to in
section 12.65 [other Criminal Code provisions] of this regulation;
(
c) a finding of guilt, within the previous 10 years, for any offence under the
Criminal Code , other than an offence referred to in paragraph (
a) or (
b) of this section;
(
d) a finding of guilt, within the previous 10 years, for any offence under the
Controlled Drugs and Substances Act (Canada);
(
e) a charge in respect of an offence under the Criminal Code or the Controlled Drugs and Substances Act (Canada) that has not yet been disposed of.
Sexual offence provisions
12.64 For the purposes of
section 12.63 (a), the provisions of the Criminal Code are as follows:
(
a) sections 151 to 153.1 [sexual interference, sexual touching, sexual exploitation] ;
(
b) section 163.1 [child pornography] ;
(
c) sections 271 to 273 [sexual assault] ;
(
d) section 273.3 [removal of child from Canada for sexual purposes] ;
(
e) sections 286.1 to 286.4 [obtaining, procuring or advertising sexual services] ;
(
f) a provision that is a predecessor to any of the provisions referred to in paragraphs (
a) to (
e) of this section.
Other Criminal Code provisions
12.65 For the purposes of
section 12.63 (b), the provisions of the Criminal Code are as follows:
(
a) sections 76 to 78 [air or maritime safety offences] ;
(
b) sections 79 to 82.6 [offences involving explosives] ;
(
c) Part II.1 [Terrorism] ;
(
d) section 85 [use of firearm in commission of offence] ;
(
e) section 88 [possession of weapon for dangerous purpose] ;
(
f) section 98.1 [robbery to steal firearm] ;
(
g) sections 219 to 248 [criminal negligence, murder, infanticide, bodily harm] ;
(
h) sections 267 to 269.1 [assault offences] ;
(
i) sections 270.01 and 270.02 [assaulting peace officer] ;
(
j) sections 279 to 281 [kidnapping, trafficking in persons, hostage taking] ;
(
k) sections 318 and 319 [hate crimes] ;
(
l) sections 343 to 346 [robbery and extortion] ;
(
m) sections 348 to 351 [breaking and entering offences] ;
(n)
section 430 (2) [mischief causing actual danger to life] ;
(
o) section 433 [arson — disregard for human life] ;
(
p) a provision that is a predecessor to any of the provisions referred to in paragraphs
(
a) to (
o) of this section.
Prescribed matters respecting driving record
12.66
(1) For the purposes of
section 42.2 (2) (
a) and (b) [person with record that includes prescribed matter must not drive passenger directed
vehicle] of the Act, the prescribed matters respecting a person's driving record are as follows:
(a) 4 or more findings of guilt, within the previous 2 years, for offences listed
in the
Schedule to Division 28 [Point System] of the Motor Vehicle Act Regulations;
(
b) a driving prohibition, within the previous 3 years, under a provision of the
Motor Vehicle Act referred to in
section 12.67 of this regulation;
(c) 2 or more driving suspensions, within the previous 3 years, under
section 90.3 (5)
[12 hour suspension] of the Motor Vehicle Act ;
(
d) a driving suspension, within the previous 3 years, under
section 90.3 (5) of the
Motor Vehicle Act and a driving prohibition, within the previous 3 years, under
section 215 (5) [24 hour prohibition] of that Act;
(
e) a driving prohibition, within the previous 3 years, under
section 215.43 (1) (a)
[3 day immediate roadside driving prohibition] of the Motor Vehicle Act and
(
i) a driving suspension, within the previous 3 years, under
section 90.3 (5) of that
Act, or
(ii) a driving prohibition, within the previous 3 years, under
section 215 (5)
of that Act;
(f) 2 or more driving prohibitions, within the previous 3 years, under
section 215
(5) of the Motor Vehicle Act ;
(
g) a matter under a law of a jurisdiction other than British Columbia that is
similar to a matter referred to in any of paragraphs (
a) to (
f) of this subsection.
(2) A finding of guilt, prohibition or suspension under a provision referred to
in this
section includes a finding of guilt, prohibition or suspension under a predecessor
to the provision.
Motor Vehicle Act driving prohibitions
12.67 For the purposes of
section 12.66 (1) (b), the provisions of the Motor Vehicle Act are as follows:
(a)
section 91 (1) [prohibition against driving if there is an unsatisfied judgment] ;
(
b) section 92 [prohibition against driving relating to fitness or ability to drive] ;
(c)
section 93 (1) [prohibition against driving by superintendent] ;
(
d) section 94.2 [effect of notice of driving prohibition] ;
(e)
section 98 (2) [court prohibition against driving] ;
(f)
section 99 (2) [automatic prohibition against driving on conviction] ;
(g)
section 100 (3) [prohibition against driving for failing to stop] ;
(
h) section 215.43 (1) (
b) or (c), (2) or (2.1) [effect of immediate roadside driving prohibition] ;
(i)
section 251 (4) [unlicensed driver prohibition].
Prescribed information respecting record check certificates
12.68 For the purposes of
section 42.2 (3) [requirement to issue record check certificate if driver's records acceptable]
of the Act, the prescribed information that must be set out in a driver's record check
certificate is as follows:
(
a) the driver's name;
(
b) a photograph of the driver in a form similar to the photograph required on
a photo BC services card under the Motor Vehicle Act ;
(
c) the name of the licensee who issued the record check certificate;
(
d) a statement indicating that the driver
(
i) has undergone both a criminal record check and a driving record check, and
(ii) meets the record check requirements under the Act;
(
e) the expiry date of the record check certificate.
Expiry date of record check certificate
12.69 A record check certificate expires on the date that is 12 months after the later
(
a) the date on which the criminal record check was conducted, and
(
b) the date on which the driving record check was conducted.
Licensee must notify driver if record check certificate cannot be issued
12.7 A licensee must notify a person, in writing, if the licensee does not issue a record
check certificate to the person under
section 42.2 (3) [record check certificate required if driver does not have record that includes
a prescribed matter] of the Act because the results of a prescribed record check indicate that the person
has a record that includes a prescribed matter.
Driver of passenger directed vehicle must have valid record check certificate
12.71 A person must not drive a passenger directed vehicle under a passenger directed vehicle
authorization or transportation network services authorization unless the person has
a valid record check certificate.
directed vehicle authorization:
(
a) when a person is driving a motor vehicle as a passenger directed vehicle under
the authorization, the person must display, in a clearly visible place in the motor
vehicle, a printed copy of the person's valid record check certificate;
(
b) the printed copy required under paragraph (
a) must comply with the standards,
if any, specified by the registrar.
network services authorization:
(
a) the licensee must include on the licensee's online platform the valid record
check certificate issued to each person who drives a passenger directed vehicle under
the authorization;
(
b) the licensee must not include on the licensee's online platform a record check
certificate that is no longer valid;
(
c) when a person is driving a motor vehicle under the authorization, the person
must have a device in the person's personal possession from which the person can display,
on the licensee's online platform, the person's valid record check certificate.
Requirements if driver under transportation network services authorization acquires
record
12.73
(1) If a person who drives a passenger directed vehicle under a transportation network
services authorization has given notice to a licensee under
section 42.2 (4) (a) [driver must notify licensee if record acquired between record checks] of the Act, the licensee must immediately do both of the following:
(
a) ensure that the person has no access, in the person's capacity as a driver,
to the licensee's online platform;
(
b) remove the person's record check certificate from the licensee's online platform.
(2) Section 42.2 (4) (b) [driver must return record check certificate if record acquired between record
checks] of the Act does not apply to a person who drives a passenger directed vehicle under
a transportation network services authorization only.
Review of criminal record or driving record by registrar
12.74
(1) A person to whom notice is given by a licensee under
section 12.7 [licensee must notify driver if record check certificate cannot be issued] of this regulation, or who gives notice to a licensee under
section 42.2 (4) (a)
[driver must notify licensee if record acquired between record checks] of the Act, may request that the registrar review the person's criminal record or
driving record if
(
a) it is uncertain whether the person has a record that includes a prescribed
matter, or
(
b) the person has a record that includes a prescribed matter but the person believes
that the matter is unrelated to the person's work or intended work as a driver of
a passenger directed vehicle.
(2) A request under subsection (1)
(
a) must be made, in writing, within 30 days after the notice referred to in that
subsection is given, and
(
b) must include the information required by the registrar.
(3) After reviewing a request made under subsection (1), the registrar must determine
the following:
(
a) whether the person has a record that includes a prescribed matter;
(
b) if the person has a record that includes a prescribed matter, whether the
matter is unrelated to the driver's work or intended work as a driver of a passenger
directed vehicle and, for this purpose, the registrar must take into account public
safety.
(4) The registrar must notify the person and the licensee, in writing, of a determination
made under subsection (3).
(5) A licensee may issue a record check certificate to a person under
section 42.2 (3)
[record check certificate required if driver does not have record that includes
a prescribed matter] of the Act if the registrar determines under subsection (3) of this
section that
(
a) the person does not have a record that includes a prescribed matter, or
(
b) the person has a record that includes a prescribed matter but the prescribed
matter is unrelated to the person's work or intended work as a driver of a passenger
directed vehicle.
(6) This
section is repealed on September 16, 2022.
9 The following
section is added:
Age of motor vehicles operating under transportation network services authorization
13.1
(1) A motor vehicle must not be operated as a passenger directed vehicle under a
transportation network services authorization if the motor vehicle is 10 or more years
old.
(2) For the purposes of subsection (1), the age of a motor vehicle must be determined
by referring to the vehicle year indicated on the vehicle registration issued by the
Insurance Corporation of British Columbia in respect of that motor vehicle.
(3) Despite subsection (1), a motor vehicle may be operated as a passenger directed
vehicle under a transportation network services authorization for a period of 30 days
after the motor vehicle becomes 10 years old.
Section 18 is repealed.
Section 19 is repealed and the following substituted:
How vehicle identifiers must be returned
19 Vehicle identifiers must be returned to the registrar, for the purposes of the following
provisions of the Act, by personal delivery or registered mail:
(a)
section 30 (3) (c) [return required on transfer of licence] ;
(b)
section 45 (1) (c) [return required on voluntary cessation under licence] ;
(c)
section 46 (1) (c) (v) [return required under administrative penalty] ;
(d)
section 47 (4) (c) [return required on suspension or cancellation of licence without notice] .
12 The following sections are added to
Part 5:
Temporary operating permits to increase fleet size
21.1
(1) It is a term and condition of every temporary operating permit issued to licensees
under
section 38 [applications considered by board] of the Act that if a person is prohibited under the Act from operating a motor vehicle
as a passenger directed vehicle under a licence, the person must not operate a motor
vehicle as a passenger directed vehicle under the temporary operating permit.
(2) This
section is repealed on September 16, 2022.
Evidence of authority to operate passenger directed vehicle under temporary operating
permit
21.2
(1) In this section, "valid record check certificate" has the same meaning as in
section 12.6 (2) [definitions and
interpretation for
Part 2.1].
(2) For the purposes of sections 39 (c) (ii) (B) [effect of temporary operating permit] and 56 (2) (a.1) [licence or evidence of authority to operate must be carried in motor vehicle]
of the Act, evidence of a person's authority to operate a motor vehicle as a passenger
directed vehicle under a temporary operating permit must be capable of being produced,
immediately on request, in the form of a printed copy of the driver's valid record
check certificate.
(3) The printed copy required under subsection (2) must comply with the standards,
if any, specified by the registrar.
(4) This
section is repealed on September 16, 2022.
Part 7 is repealed and the following substituted:
Part 7 — Fees
Application fees
24 The fee, under a provision of the Act set out in column 1 of the following table,
for an application referred to opposite in column 2 is the amount set out opposite
in column 3:
Item
Column 1 Provision of Act
Column 2
Description of Application
Column 3 Fee
s. 24
Application for licence
$200
s. 30
Application to transfer licence
$200
s. 31
Application to amend licence
$200
s. 33 (2)
Application to replace worn out, defaced, lost or destroyed licence or vehicle
identifier issued by registrar
$50
s. 34
Application to renew licence
$200
s. 35
Application to change rates under passenger directed vehicle authorization or transportation
network services authorization
$200
s. 36 or 36.1
Application for temporary operating permit for proposed period of
(
a) not more
than 14 days,
(
b) more than 14 days but not more than 30 days,
(
c) more than 30 days
but not more than 60 days,
(
d) more than 60 days but not more than 92 days
$25
$50
$75
$100
Licence fees
24.1
(1) In this section, "licence" includes the following:
(
a) an amended licence issued as a result of an application made under
section 31
[amendment of licences] of the Act;
(
b) a renewed licence issued under
section 34 [expiry and renewal of licences] of the Act.
(2) The fee, under a provision of the Act set out in column 1 of the following
table, for a licence referred to opposite in column 2 is the amount set out opposite
in column 3:
Item
Column 1 Provision of Act
Column 2
Description of Licence
Column 3
Fee
s. 29 (1) (e) (
i) Licence that includes inter-city bus authorization or passenger directed vehicle
authorization
$100 for each motor vehicle operated under authority of passenger directed vehicle
authorization
s. 29 (1) (e) (
i) Licence that includes transportation network services authorization
Flat fee of $5 000 + additional per-trip fee of $0.30 for trips taken in non-accessible
passenger directed vehicles operated under transportation network services authorization
Licence fee for inter-city bus authorization or passenger directed vehicle authorization
24.2
(1) The amount payable for a licence fee referred to in item 1 of the table in
section 24.1 (2)
must be determined based on the number of vehicle identifiers issued under the licence
by the registrar or licensee, as applicable.
(2) The portion of a licence fee that is payable based on the number of vehicle
identifiers that are or will be issued before or when the licence is issued must be
paid before the licence is issued.
(3) The portion of a licence fee that is payable based on the number of vehicle
identifiers that are issued after the licence is issued must be paid before those
vehicle identifiers are issued.
Licence fee for transportation network services authorization
24.3
(1) The amount payable for the flat fee for a licence referred to in item 2 of the
table in
section 24.1 (2) [licence fees] must be paid before the licence is issued.
(2) The amount payable for the additional per-trip fee referred to in item 2 of
the table in
section 24.1 (2) must be determined based on the number of trips taken,
during each instalment period, in motor vehicles that are not accessible passenger directed vehicles.
(3) For the purposes of subsection (2), the instalment periods and due dates for
payment are as follows:
(
a) the first instalment period starts January 1 and ends March 31 and the due
date for payment, in respect of that period, is April 30;
(
b) the second instalment period starts April 1 and ends June 30 and the due date
for payment, in respect of that period, is July 31;
(
c) the third instalment period starts July 1 and ends September 30 and the due
date for payment, in respect of that period, is October 31;
(
d) the fourth instalment period starts October 1 and ends December 31 and the
due date for payment, in respect of that period, is January 31.
(4) For the purposes of subsection (2),
(
a) the number of trips taken must be determined based on the number of rides
hailed and taken, as a result of requests made through the use of the licensee's online
platform, in passenger directed vehicles that are not accessible passenger directed
vehicles, and
(
b) if the licence is renewed during an instalment period, the fee payable must
be determined based on the number of trips taken during the whole of the instalment
period, regardless of whether the trips were taken before or after the renewal of
the licence.
(5) If the registrar determines that a licensee has not paid an amount payable
under subsection (2) in respect of an instalment period, the registrar may, by written
request, require the licensee to pay to the government the amount specified in the
written request.
Submission and filing fees
(1) The fee for making a submission under
section 27 (2) or (4) [submissions respecting application for special authorization] of the Act is $50.
(2) The fee for filing a notice of appeal under
section 50 [initiating appeals] of the Act is $150.
14 The following
Part is added:
Part 9 — Transitional Provisions and Exemptions
(1) In this section, "pre-existing licence" means a valid licence that, on September 15, 2019, authorizes one or more motor vehicles
to be operated as general passenger vehicles, inter-city buses or passenger directed
vehicles.
(2) It is a term and condition of every pre-existing licence that vehicle identifiers
issued on or after September 16, 2019 under the pre-existing licence must be displayed
at the times and in the form and manner required by the registrar.
vehicles
(1) In this section:
"amending Act" means the Passenger Transportation Amendment Act, 2018 , S.B.C. 2018, c. 53;
"pre-existing licence" means a valid licence that, on September 15, 2019, authorizes one or more motor vehicles
to be operated as passenger directed vehicles.
(2) It is a term and condition of every pre-existing licence that the licensee
must provide to the registrar any information, including personal information, and
data that the registrar or board may require for the purposes of
(
a) more effectively bringing the amending Act into operation, or
(
b) addressing transitional difficulties encountered in bringing the amending
Act into effect.
Transition — exemption from
section 23.1 of Act
(1) In this section, "exempted licence" means a licence to which both of the following apply on July 1, 2019:
(
a) one or more motor vehicles are authorized to be operated as passenger directed
vehicles under the licence;
(
b) one or more passenger directed vehicles operated under the licence are hailed
through the use of transportation network services provided by or for the licensee.
(2) Section 23.1 (1) and (3) [licence required to provide transportation network services] of the Act does not apply to a person if
(
a) the person holds an exempted licence, and
(
b) the person applies, on or before January 2, 2020, for
(
i) an amendment to the exempted licence for the purposes of including in that
licence a transportation network services authorization, or
(ii) a new licence that includes a transportation network services authorization.
(3) Section 23.1 (2) of the Act does not apply to a person who drives a motor
vehicle under an exempted licence held by a person to whom subsection (2) of this
section applies.
(4) This
section is repealed on June 30, 2020.
Transition — exemption for drivers in municipalities with no chauffeur permit regulations
(1) In this section, "exempted driver" means a person who, on September 15, 2019, is a driver of a passenger directed vehicle
under a licence to which both of the following apply:
(
a) the licence authorizes one or more motor vehicles to be operated as passenger
directed vehicles;
(
b) the municipalities in which the motor vehicles are authorized to be operated
under the licence do not include any municipalities in which chauffeurs are regulated
by bylaws made under
section 36 [municipal chauffeur permits] of the Motor Vehicle Act .
(2) The following provisions do not apply in respect of an exempted driver:
(
a) section 39 (c) (ii) (B) [evidence of authority to operate passenger directed vehicle under temporary operating
permit] of the Act;
(
b) section 42.2 [prescribed record checks required for drivers of passenger directed vehicles]
of the Act;
(
c) section 42.3 [record check certificate must be displayed in passenger directed vehicle] of the Act;
(d)
section 43 (2) (b) [evidence of authority to operate passenger directed vehicle under licence] of the Act;
(
e) Part 2.1 [Record Check Requirements for Drivers of Passenger Directed Vehicles] of this regulation.
(3) This
section is repealed on January 2, 2020.
Copyright © 2019: Queen's Printer, Victoria, British Columbia, Canada