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Volume 52, No. 7

B.C. Reg. 148/2009

The British Columbia Gazette,

Part II

April 7, 2009

B.C. Reg. 148/2009 , deposited April 6, 2009, pursuant to the MOTOR VEHICLE ACT [Sections 210 (3) (

g) and 212 (3)]. Order in Council 261/2009, approved and ordered April 6, 2009.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that, effective June 1, 2009, the Motor Vehicle Act Regulations, B.C. Reg. 26/58, is amended as set out in the attached Schedule.

— J. van DONGEN, Minister of Public Safety and Solicitor General; S. BOND, Presiding Member of the Executive Council.

Schedule

1 Table 2 in the

Schedule to Division 28 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58, is amended under the heading "Motor Vehicle Act Regulations" by renumbering the item for

section 7A.01 as item 1 and by adding the following item:

Section 47.02 Fail to slow down or move over near stopped official vehicle

2 The following Division is added:

Division 47 — Speed Limits and Traffic Rules

if Official Vehicle Parked on a Highway

Definition

47.01 In this Division, "official vehicle" means

(

a) a motor vehicle operated by a peace officer, constable or member of the police branch of Her Majesty's Armed Forces in the discharge of his or her duty,

(

b) an ambulance as defined in the Emergency and Health Services Act ,

(

c) a motor vehicle operated by fire services personnel as defined in the Fire Services Act in the discharge of personnel duties,

(

d) a tow car, and

(

e) a motor vehicle operated by one of the following in the discharge of his or her duty:

(

i) a member of the Conservation Officer Service as described in

section 106 of the Environmental Management Act ;

(ii) a person authorized to exercise the powers and perform the duties of a constable or peace officer for purposes set out in the Inspectors Authorization Regulation, B.C. Reg. 372/92;

(iii) a person authorized to exercise the powers conferred on, and perform the duties of, peace officers for the purposes of enforcing the Passenger Transportation Act and the Passenger Transportation Regulation;

(iv) a park ranger appointed under

section 4 (2) of the Park Act ;

(

v) a person employed in the Ministry of Forests and Range who is appointed as a special provincial constable under

section 9 of the Police Act .

When an official vehicle is stopped

47.02

(1) Subject to subsection (2), if an official vehicle with illuminated flashing red or blue lamps or lights, or both, or flashing amber lamps or lights is stopped on or on the side of a highway, a person driving a motor vehicle on the highway in either direction must drive the motor vehicle at the following rate of speed when approaching or passing the official vehicle:

(a) 70 km/h if signs on the highway limit the rate of speed to 80 km/h or more;

(b) 40 km/h if signs on the highway limit the rate of speed to less than 80 km/h.

(2) Subsection (1) does not apply to a driver who approaches or passes an official vehicle from the opposite direction on a highway that contains a laned roadway or is divided by a median.

(3) In addition to the requirements of subsection (1), a driver travelling in a lane adjacent to the stopped official vehicle or in the same lane in which the official vehicle is stopped must, if it is safe to do so, and unless otherwise directed by a peace officer, move his or her motor vehicle into another lane of the laned roadway, if any.

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