British Columbia Gazette Part II — B.C. Reg. 304/2001
B.C. Reg. 304/2001
British Columbia — Gazette
Copyright © Queen's Printer,
Victoria, British Columbia, Canada
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Volume 44, No. 25
B.C. Reg. 304/2001
The British Columbia Gazette,
Part II
December 31, 2001
B.C. Reg. 304/2001, deposited December 17, 2001, pursuant to the MOTOR VEHICLE ACT [Sections 216 and 217]. Order in Council 1086/2001, approved and ordered December 14, 2001.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective March 4, 2002, the Motor Vehicle Act Regulations, B.C. Reg. 26/58, is amended as set out in the attached Appendix. — BILL BARISOFF, Acting Minister of Finance; G. CAMPBELL, Presiding Member of the Executive Council.
Appendix
1 Division 25 of B.C. Reg. 26/58, the Motor Vehicle Act Regulations, is repealed and the following substituted:
Division 25 — Vehicle Inspection and Maintenance
Part 1 — Inspection
Interpretation and application
25.01
(1) In this Part:
"authorized person" means a person authorized by the corporation to inspect vehicles under
section 217 of the Act;
"corporation" means the Insurance Corporation of British Columbia;
"designated inspection facility" means a facility designated by the corporation as an inspection facility under
section 217 of the Act;
"farm vehicle" has the same meaning as in the Commercial Transport Regulations, B.C. Reg. 30/78;
"identification card" means a card issued by the corporation to an authorized person and used to imprint an inspection report;
"identification plate" means a plate issued by the corporation to a designated inspection facility and used to imprint an inspection report;
"inspection certificate" means an inspection certificate of approval in the form of a decal issued by the corporation which shows the date of expiry of the certificate, and includes an interim inspection certificate;
"inspection report" means an inspection report in the form required by the corporation;
"owner" in relation to a designated inspection facility, includes the person having charge of the operation of the facility;
"standards" means standards of safety and repair prescribed by the minister under
section 217 of the Act, including the Inspection Standards (Safety and Repair) Regulation.
(2) This Part applies to
(
a) a taxi,
(
b) a bus, including a school bus in respect of which a permit has been issued under Division 11,
(
c) a commercial vehicle having a licensed gross vehicle weight of more than 8 200 kg,
(
d) a vehicle, other than a motorcycle, the operator of which is required to hold a licence under the Motor Carrier Act,
(
e) a vehicle, other than a motorcycle, owned or leased by a driver training school, and
(
f) a trailer and semi-trailer as defined under the Commercial Transport Act,
but does not include a vehicle
(
g) that is an industrial machine or road building machine, other than a vehicle described by body style in
Schedule 1 to this Division that has a licensed gross vehicle weight greater than 17 300 kg,
(
h) licensed under
section 8, 9, 38, 41, 42 or 44 of the Act,
(
i) owned by the Queen in Right of Canada,
(
j) driven under a permit issued under
section 6 (7) of the Commercial Transport Act, Division 4 of the Commercial Transport Regulations or Division 14 of this regulation,
(
k) to which
section 21 of the Act applies, or
(
l) that is a commercial motor vehicle, other than a bus, having a licensed gross vehicle weight of 17 300 kg or less and that is licensed and insured as a farm vehicle.
(3) The corporation may exempt a class of persons or vehicles from subsection (2) unconditionally, or on conditions the corporation considers desirable, and may substitute other requirements if the corporation considers it desirable for the purpose of promoting and securing road safety.
(4) The corporation may
(
a) exempt from subsection (2) unconditionally, or on conditions the corporation considers desirable, persons, vehicles and equipment that the corporation identifies and specifies, and
(
b) substitute other requirements if the corporation considers it desirable for the purpose of more effectively promoting and securing road safety.
Identification card
25.02
(1) The corporation may issue to each authorized person an identification card suitable for imprinting an inspection report as required by the corporation.
(2) The identification card is the property of the corporation and must be returned to the corporation on request.
(3) An identification card issued under this
section expires 24 months after the date of issue unless the corporation specifies an earlier expiry date or an alternate expiry period.
Identification plate
25.03
(1) The corporation may issue to each designated inspection facility an identification plate suitable for imprinting an inspection report as required by the corporation.
(2) The identification plate is the property of the corporation and must be returned to the corporation on request.
(3) An identification plate issued under this
section expires 12 months after the date of issue unless the corporation specifies an earlier expiry date or an alternate expiry period.
Use of identification cards and identification plates
25.04
(1) An inspection report referred to in this Division must be imprinted with
(
a) the valid identification card of the authorized person who conducted the inspection, and
(
b) the valid inspection plate of the designated inspection facility where the inspection was conducted.
(2) A person, other than the authorized person to whom an identification card has been issued, must not use the identification card to imprint an inspection report.
(3) A person or facility, other than the designated inspection facility to whom an identification plate has been issued, must not use the identification plate to imprint an inspection report.
(4) A person or facility must not imprint an inspection report with an identification card or identification plate that has expired.
(5) The corporation may, for a specified period of time, exempt an authorized person or designated inspection facility from the requirement to use an identification card or identification plate, or both, and may substitute other requirements and conditions.
Notification
25.05
(1) If an identification card is lost, stolen or damaged, the authorized person to whom the card was issued must inform the corporation within one business day.
(2) If an identification plate is lost, stolen or damaged, the operator of the designated inspection facility to whom the plate was issued must inform the corporation within one business day.
Expired identification cards and identification plates
25.06
(1) An authorized person must, within one business day after the expiry date stated on an identification card issued to the person, destroy the expired identification card.
(2) The operator of a designated inspection facility must, within one business day after the expiry date stated on an identification plate issued to the operator, destroy the expired identification plate.
Limitation on driving without inspection certificate
25.07
(1) Subject to this section, a person must not drive, operate or park a vehicle on a highway or cause or permit it to be so driven, operated or parked unless an unexpired inspection certificate issued for that vehicle, indicating that the vehicle complies with the standards, is conspicuously and securely affixed,
(
a) in the case of a motor vehicle, to the outside lower left hand or lower right hand corner of the windshield or the outside of the fixed glazed surface to the right of the operator, and
(
b) in the case of a trailer, on the outside of the left or right lower front corner of the trailer.
(2) Subsection (1) does not apply to a person driving or operating a vehicle which has been exempted by the corporation under these regulations.
Notifications and orders
25.08
(1) Despite an inspection certificate being in force, the corporation or a peace officer may, on having reasonable and probable grounds to believe that a vehicle may not comply with the standards, notify the owner or operator of a vehicle to present it for inspection to a designated inspection facility within the period set out in the notification.
(2) The corporation or a peace officer may order the owner or operator of a vehicle, in respect of which no inspection certificate is in force, to surrender to either of them the vehicle licence or the number plates, or both, for that vehicle.
(3) The owner or operator must comply with a notification under subsection (1) and an order under subsection (2).
(4) After examining a vehicle presented to the designated inspection facility following a notification under subsection (1), an authorized person must revoke any unexpired certificate, issue an inspection report in the manner set out in
section 25.13 and
(
a) issue a new inspection certificate of approval under
section 25.13 (2), or
(
b) issue an interim inspection certificate under
section 25.13 (3)
on being satisfied that the conditions for issuing those certificates have been met.
(5) A notification under subsection (1) may require the owner or operator to notify the corporation or peace officer of the result of the required inspection.
Unauthorized inspection
25.09
(1) A person must not issue an inspection certificate for a vehicle unless
(
a) he or she is an authorized person for that class of vehicle, and
(
b) the vehicle has been inspected by him or her at a designated inspection facility for that class of vehicle.
(2) An authorized person must not issue an inspection certificate in respect of a vehicle which he or she owns or leases or which is owned or leased by a designated inspection facility at which he or she is employed unless it is a motor vehicle for sale by a person who is a motor dealer as defined in the Motor Dealer Act.
(3) A person must not issue a document, certificate or decal which purports to be an inspection certificate under this Part unless it is provided for issue by the corporation.
No registration without valid inspection report
25.10
(1) A person must not, for the purposes of registering or licensing a motor vehicle, present a signed inspection report certifying that the motor vehicle has passed an inspection if the report has been altered in any way.
(2) A person who has been delegated responsibility under
section 117 of the Act to register or license a motor vehicle must not register or license a motor vehicle unless he or she has received a signed inspection report that certifies that the motor vehicle has passed inspection.
(3) A person who is not an authorized person must not sign an inspection report.
(4) A person must not alter an inspection report that has been signed by an authorized person.
Change of contact information
25.11 Every authorized person and designated inspection facility must notify the corporation within 10 days respecting a change in the following information:
(
a) legal name of the authorized person or designated inspection facility and, if applicable, the name under which the authorized person or designated inspection facility is doing business;
(
b) physical location of the designated inspection facility;
(
c) mailing address for service on or delivery to authorized persons and the designated inspection facility;
(
d) telephone contact numbers for authorized persons and the designated inspection facility;
(
e) telephone number for the owner/operator of the designated inspection facility;
(
f) name of the principals of the designated inspection facility.
General duties of operators of facilities
25.12
(1) The operator of a designated inspection facility must
(
a) display in a conspicuous place that is clearly visible to customers entering the designated inspection facility
(
i) the valid document of designation issued by the corporation for that facility, and
(ii) the certificates of qualification of authorized persons carrying out inspections at that facility,
(
b) ensure that authorized persons are the only persons who inspect vehicles for the purposes of this Division,
(
c) within 10 days from the date of an inspection report being completed, mail the first copy to the corporation,
(
d) keep proper records of each inspection carried out at the facility for a period of not less than 18 months after an inspection,
(
e) maintain safe custody and control of unissued inspection certificates, report in writing to the office of the corporation any loss, theft, disfigurement or destruction of unissued inspection certificates and generally comply with reasonable directions of the corporation respecting acknowledgment or delivery of certificates,
(
f) ensure that
(
i) the facility is equipped with proper tools, appliances, devices, manuals and documents, as required by the standards, to enable operators within the facility to manage it efficiently and authorized persons to ensure that vehicles comply with the standards,
(ii) each authorized person at the facility conducts his or her inspection in accordance with the standards and complies with
section 25.13, and
(iii) the facility has available on the premises
(
A) an up-to-date copy of the Inspection Standards (Safety and Repair) Regulation, and
(
B) the most recent publicly available copy of Division 25 of the Motor Vehicle Act Regulations,
(
g) at all times during business hours, on the request of a peace officer or person authorized in writing by the corporation, permit the peace officer or authorized person to enter the inspection facility for the purpose of examination of equipment necessary for inspection, records of inspection and unissued inspection certificates and to permit such persons to make copies of documents which are relevant to the functions performed under this Division,
(
h) maintain a record of issued inspection certificates including
(
i) the inspection certificate number, and
(ii) the vehicle registration number or the Vehicle Identification Number (VIN) of the vehicle to which the inspection certificate was issued, and
(
i) allow a peace officer or person designated in writing by the corporation to inspect the record of inspection certificates referred to in paragraph (h).
(2) A violation by an operator of a designated inspection facility of any provision of subsection (1) is grounds for cancellation or suspension of that designation of the facility by the corporation either entirely or for inspection of a class of vehicle, but no cancellation or suspension must be effected until the operator is first given an opportunity to show cause why no suspension or cancellation is warranted.
(3) Upon cancellation or suspension of a designation, the operator must return to the corporation all unissued inspection certificates and other documents given or supplied to him or her by or on behalf of the corporation for the purposes of this Part.
Inspections
25.13
(1) After every inspection, the authorized person who carried it out must
(
a) complete and sign an inspection report in the form and manner required by the corporation and containing particulars established by the corporation,
(
b) give one copy of the inspection report to the operator of the vehicle,
(
c) provide the operator of the designated inspection facility with one copy of the inspection report to be forwarded to the corporation, and
(
d) retain a copy of the inspection report for the record of the designated inspection facility.
(2) If the authorized person is satisfied that the vehicle meets the standards, he or she must place on the vehicle an inspection certificate of approval in the manner set out in
section 25.07 (1).
(3) If the authorized person is not satisfied that the vehicle meets the standards, he or she may, on being satisfied that the vehicle would not present a hazard to other road users, place on the vehicle an interim inspection certificate and must indicate on the inspection report issued under subsection (1)
(
a) the equipment or component of the vehicle which failed to meet the standards, and
(
b) if the deficiency in standards affects the safety of passengers or security of load, that no passengers or load may be carried in or on the vehicle.
(4) A person must not drive, operate or park a vehicle in respect of which an inspection certificate is in force unless a copy of the inspection report issued under subsection (1) is carried in the vehicle.
(5) An authorized person may indicate on an inspection report issued under subsection (1) whether, in his or her opinion, the vehicle will continue to meet the standards until it is next inspected under this Division and, if not, may indicate on the report
(
a) those standards by which, in his or her assessment, the vehicle may be deficient before it is next inspected under this Division, or
(
b) the necessity, in his or her opinion, for repair or replacement of a part or parts of the vehicle for it to continue to meet the standards.
Inspection certificate
25.14
(1) An inspection certificate of approval indicating that a vehicle complies with the standards expires on the last day of the sixth month following the issue of the certificate.
(2) Despite subsection (1), an inspection certificate of approval, indicating that a vehicle described in subsection (3) complies with the standards, expires on the last day of the twelfth month following the issue of the certificate.
(3) The vehicles referred to in subsection (2) are
(
a) a bus licensed and insured as a farm vehicle,
(
b) a farm vehicle having a licensed gross vehicle weight greater than 17 300 kg,
(
c) a commercial trailer equipped with airbrakes and licensed and insured to be towed by a farm vehicle that has a licensed gross vehicle weight greater than 17 300 kg,
(
d) an emergency vehicle,
(
e) an industrial machine or a road building machine having a body style described in
Schedule 1 to this Division,
(
f) a vehicle owned or leased by a driver training school,
(
g) a commercial vehicle other than a bus, taxi or logging truck having a licensed gross vehicle weight of more than 8 200 kg, but equal to or less than 17 300 kg, and
(
h) a vehicle that has a licensed gross vehicle weight of 17 300 kg or less, other than a bus, taxi or logging truck, the operator of which is required to hold a licence under the Motor Carrier Act.
(4) An interim inspection certificate expires 14 days after the time of issue.
Part 2 — Maintenance and Records
Interpretation
25.15 In this Part "standards" has the same meaning as in
Part 1.
Application
25.16 Subject to
section 25.18 (3), this Part applies to all vehicles
(
a) licensed under the Motor Carrier Act,
(
b) described in
section 25.01 (2) (
a) to (
f) whether or not licensed under the Motor Carrier Act, and
(
c) which are commercial vehicles whether or not licensed under the Motor Carrier Act,
but does not include a vehicle
(
d) licensed under
section 8, 9, 10 or 44 of the Act other than those described in
Schedule 1 to this Division,
(
e) which is a road building machine as defined in the Commercial Transport Act, other than those described in
Schedule 1 to this Division,
(
f) owned by the Queen in Right of Canada, or
(
g) driven under a permit issued under Division 4 of the Commercial Transport Regulations or Division 14 of this regulation.
Maintenance obligations
25.17 The owner of every vehicle to which this Part applies must ensure that it is not driven, operated or parked on a highway unless it is maintained so as to comply in all respects with the standards.
Records
25.18
(1) Subject to subsection (2), the owner of every vehicle must, during the last 3 years of ownership and for a period of 6 months following disposal of it, maintain in safe keeping a record of
(
a) each inspection made of the vehicle and of every component of it to which the standards apply, and
(
b) every replacement and repair made to the vehicle and to each such component following each inspection.
(2) The owner of a vehicle who sells it may, with the consent of the purchaser, deliver the records of inspection, replacement and repair to the purchaser, and in that event the purchaser must retain those records as if he or she had owned the vehicle during the period covered by the records so delivered.
(3) This
section does not apply to an owner of a vehicle
(
a) licensed under
section 38, 41 or 42 of the Act,
(
b) driven under a permit issued under
section 6 (7) of the Commercial Transport Act or to which
section 6 (13) of that Act applies, or
(
c) to which
section 21 of the Act applies.
Part 3 — Salvaged, Modified and Reconstructed Vehicles
Interpretation
25.19 In this Part "authorized person" , "corporation" , "designated inspection facility" and "inspection certificate" have the same meanings as in
Part 1.
Application
25.20 This Part applies to a vehicle that was
(
a) disposed of as salvage and subsequently rebuilt,
(
b) altered by changes to its suspension height by more than 10 cm from the original basic specification of the vehicle manufacturer,
(
c) altered so that its
(
i) freight carrying capacity has been increased beyond the original gross vehicle weight rating of the vehicle, or by design changes other than those established by the manufacturer of the vehicle, or
(ii) seating capacity has been increased, or
(
d) built after January 1, 1971 from new or used parts, other than a trailer with a licensed gross vehicle weight of 1 400 kg or less, and that does not display the statement of compliance under the Motor Vehicle Safety Act (Canada).
Limitation on operation
25.21 A person must not drive, operate or park a vehicle on a highway until it has been presented to a designated inspection facility and an approved certificate of mechanical condition in a form set by the corporation has been issued in respect of the vehicle by an authorized person.
Duties of authorized persons
25.22
(1) An authorized person must not issue a certificate under
section 25.21 unless he or she is satisfied, and certifies on the certificate, that the vehicle complies with the Act and its regulations and is safe for use on the highway.
(2) The provisions of sections 25.02 to 25.06, 25.09, 25.12 and 25.13 apply to persons issuing inspection certificates, operators of a designated inspection facility and authorized persons.
Part 4 — Inspection of Motor Vehicles
Imported into British Columbia
Interpretation
25.23 In this Part "authorized person" , "corporation" , "designated inspection facility" , "inspection report" and "standards" have the same meanings as in
Part 1.
Application
25.24
(1) This Part applies to a motor vehicle that
(
a) is registered, titled or licensed, or was previously registered, titled or licensed, at a place outside British Columbia,
(
b) is presented to the corporation for registration, and
(
c) has a net vehicle weight of not more than 3 500 kg,
but does not include a motor vehicle described in
Schedule 2 to this Division.
(2) The corporation may exempt a class of persons or vehicles from subsection (1) unconditionally or on conditions the corporation considers desirable and may substitute other requirements if the corporation considers it desirable for the purpose of promoting and securing road safety.
(3) The corporation may
(
a) exempt from subsection (1) unconditionally, or on conditions the corporation considers desirable, persons, vehicles and equipment that the corporation identifies and specifies, and
(
b) substitute other requirements if the corporation considers it desirable for the purpose of more effectively promoting and securing road safety.
Limitation on registration
25.25 No application will be accepted by the corporation for the registration of a motor vehicle to which this Part applies until
(
a) the motor vehicle has been presented to a designated inspection facility for a safety inspection to determine that
(
i) the vehicle complies with the standards for motor vehicles, and
(ii) the frame or unibody of the motor vehicle has not been compromised,
(
b) an inspection report, in a form and containing particulars established by the corporation, has been issued for the motor vehicle by an authorized person, and
(
c) the motor vehicle described in the inspection report is certified as passed by the authorized person.
Required documentation
25.26
(1) Every operator of a motor vehicle presented at a designated inspection facility for an inspection under this Part must, before the inspection begins, provide to the authorized person proof of ownership of the motor vehicle presented for inspection.
(2) If the Vehicle Identification Number (VIN) of the motor vehicle presented for inspection differs from the VIN of the motor vehicle described in the documentation provided under subsection (1), the inspection must not proceed.
Duties of authorized persons
25.27
(1) An authorized person must not issue an inspection report under
section 25.25 that certifies that a motor vehicle has passed inspection unless the authorized person is satisfied that the motor vehicle complies with the standards and is safe for operation on the highway.
(2) For the purposes of this Part, the provisions of sections 25.02 to 25.06, 25.09 and 25.12 apply to authorized persons, to persons who issue inspection reports and to operators of a designated inspection facility.
Inspection report
25.28 After every inspection, the authorized person who performs the inspection must
(
a) complete and sign an inspection report in the form and manner required by the corporation, and
(
b) distribute the inspection report as follows:
(
i) provide the original to the operator of the motor vehicle for presentation to the autoplan agent at the time of application for registration;
(ii) provide one copy to the operator of the motor vehicle to be kept with the motor vehicle;
(iii) provide one copy to the operator of the designated inspection facility, to be forwarded to the corporation by the operator;
(iv) retain one copy for the records of the designated inspection facility.
No registration without valid inspection report
25.29
(1) A person must not, for the purposes of registering or licensing a motor vehicle, present a signed inspection report certifying that the motor vehicle has passed an inspection if the report has been altered in any way.
(2) A person who has been delegated responsibility under
section 117 of the Act to register or license a motor vehicle must not register or license a motor vehicle unless he or she has received a signed inspection report that certifies that the motor vehicle has passed inspection.
(3) A person who is not an authorized person must not sign an inspection report.
(4) A person must not alter an inspection report that has been signed by an authorized person.
Part 5 — General
Powers of peace officer
25.30
(1) If a peace officer has reasonable and probable grounds to believe that a vehicle is, by reason of mechanical, structural or other defect, unsafe for use on a highway, whether or not the vehicle meets the standards prescribed under the Act, he or she may order the owner or operator of the vehicle, either immediately or within such time as is specified in the order, to do one or both of the following:
(
a) remove it from the highway and keep it so removed until either
(
i) repairs as may be set out in the order of the peace officer have been implemented, or
(ii) the peace officer revokes the order;
(
b) surrender the vehicle licence or number plates, or both, for that vehicle to the corporation or to the peace officer.
(2) If a peace officer has reasonable and probable grounds to believe that a motor vehicle is not operating under the provisions of an overload permit issued under the Commercial Transport Act and is unsafe for use on a highway because
(
a) the motor vehicle is loaded in such manner that the gross weight carried by any of its axles exceeds the gross vehicle weight rating for that axle specified by the vehicle manufacturer, or
(
b) the gross weight of the motor vehicle exceeds the gross vehicle weight rating for that vehicle specified by the vehicle manufacturer,
the peace officer may order the owner or operator of the vehicle to do one or both of the following things immediately, or within the time specified in the order:
(
c) remove it from the highway until it meets the specifications of the manufacturer referred to in paragraphs (
a) and (b);
(
d) surrender the vehicle licence or number plates, or both, for that vehicle to the corporation or to the peace officer.
(3) Subsection (2) applies only to motor vehicles
(
a) manufactured before January 1, 2001, and
(
b) having a gross vehicle weight rating of 5 500 kg or less.
(4) An owner or operator must comply with an order made under subsection (1) or (2).
(5) An order under subsection (1) or (2) may require the owner or operator to notify the peace officer before the vehicle is operated on the highway that the repairs under subsection (1) have been carried out or the specifications under subsection (2) (
c) have been met.
Offences
25.31 A person who violates
section 25.04 (2), (3) or (4), 25.05 (1) or (2), 25.06 (1) or (2), 25.07 (1), 25.08 (3), 25.09, 25.10, 25.11, 25.12 (1) (
c) or (3), 25.13 (1) (a), (2) or (4), 25.17, 25.18, 25.21, 25.22 (1), 25.27 (1), 25.28 (a), 25.29 or 25.30 (4) commits an offence.
Schedule 1
1 The following motor vehicles described by body style licensed under
section 10 of the Act, or road building machines as defined in the Commercial Transport Act, are included in this Division:
Compressor
Conveyor
Crane
Derrick
Drill
Drill Rig
Seismograph
Pumper
Schedule 2
1 The following classes of motor vehicles are exempt from the requirement to be inspected and certified under
Part 4 of Division 25:
(
a) a motorcycle;
(
b) an implement of husbandry;
(
c) an all terrain vehicle as defined in the Motor Vehicle (All Terrain) Act;
(
d) a vehicle with body style (code):
Amphibious
(90) Fork Lift
(KD)
Golf Cart
(92) Ice surfacer
(KT)
Snow vehicle
(94) Lifter
(KK)
Snowmobile
(94) Loader
(KE)
Truckster
(TR)
Mower
(KF)
Farm
(KS)
Tractor
(KJ)
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