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Volume 58, No. 17

177/2015

The British Columbia Gazette,

Part II

September 22, including September 8, 2015

B.C. Reg. 177/2015 , deposited September 22, 2015, under the MOTOR VEHICLE AMENDMENT ACT, 2015 [section 60] and the MOTOR VEHICLE ACT [sections 208 and 209 (1) (a), (b), (b.1) and (b.2)]. Order in Council 557/2015, approved and ordered September 21, 2015.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(

a) sections 18 and 19 of the Motor Vehicle Amendment Act, 2015 , S.B.C. 2015, c. 13, are brought into force, and

(

b) the Motor Vehicle Act Regulations, B.C. Reg. 26/58, are amended as set out in the attached Appendix.

— T. STONE, Minister of Transportation and Infrastructure ; T. WAT, Presiding Member of the Executive Council .

Appendix

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

“chains” means 2 circular metal loops connected by strands of steel links, of any shape or pattern, that can be placed with one loop on each side of a tire to increase the friction between the tire and a road surface covered with ice or snow; .

2 The following

section is added to Division 7:

Definitions

7.001 In this Division:

“commercial motor vehicle” has the same meaning as in

Part 2.2 of the Act, but does not include a truck or other motor vehicle with a gross vehicle weight less than or equal to 5 000 kg;

“traction device” means

(

a) in the case of a commercial motor vehicle, any of the following, if designed by a manufacturer to increase the friction between a tire and a road surface covered with ice or snow:

(

i) subject to

section 7.164, studs;

(ii) a wheel sander;

(iii) automatic tire chains;

(iv) a textile tire cover;

(v) 2 circular metal loops connected by strands of steel cable, if both outside tires of a power drive axle of the commercial motor vehicle are equipped with chains;

(vi) chains;

(

b) in the case of any other motor vehicle, any device designed by a manufacturer to increase the friction between a tire and a road surface covered with ice or snow.

Section 7.162 is repealed and the following substituted:

Winter tires

7.162

(1) A winter tire under

section 208 of the Act must have at least 3.5 mm of tread depth.

(2) A winter tire under

section 208 of the Act must

(

a) when tested in accordance with

section 5 (4) (

a) of the Motor Vehicle Tire Safety Regulations (Canada) meet or exceed the traction index prescribed by that section, or

(

b) meet the specifications adopted by the Rubber Manufacturers Association to be labelled on a sidewall with the letters “M” and “S”.

(3) A winter tire under

section 208 of the Act must be labelled on a sidewall by the manufacturer with either of the following:

(

a) the 3-peaked mountain and snowflake symbol as shown below:

(

b) the letters “M” and “S”.

Chains

7.163 A reference to chains in a public notice or sign under

section 208 of the Act refers to chains or traction devices.

Studs

7.164

(1) A person must not use studs as a traction device on tires unless the studs

(

a) do not protrude more than 2.0 mm from the tread or traction surface of a tire,

(

b) do not have a hollow centre, and

(

c) are safely and securely embedded in the tire by the manufacturer or a person in the business of selling tires so as not to cause damage to the roadway.

(2) A person must not use studded tires on the front wheels of a motor vehicle unless the back wheels of the motor vehicle have studded tires.

(3) Despite subsection (1) (a), a person may use studs that protrude more than 2.0 mm but less than 3.5 mm from the tread or traction surface of a tire if

(

a) the tire was manufactured on or before August 31, 2016, and

(

b) the total number of studs in the tire does not exceed the following:

(i) 130 studs if the motor vehicle has a gross vehicle weight of 4 600 kg or less;

(ii) 175 studs if the motor vehicle has a gross vehicle weight of more than 4 600 kg.

Section 19.03 is amended

(

a) in subsection (1) (

b) by striking out “ cleats, ” and substituting “ studs, ”,

(

b) in subsection (2) by striking out “ tire chains ” and substituting “ chains ”,

(

c) by repealing subsection (3) and substituting the following:

(3) Despite subsection (1) (b), but subject to

section 7.164, a person may use studs on a tire between October 1 in one year and April 30 in the next year. , and

(

d) in subsection (4) by striking out “ tire studs ” and substituting “ studded tires ” and by striking out “ this subsection ” and substituting “ subsection (3) ”.

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