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Volume 48, No. 7

B.C. Reg. 197/2005

The British Columbia Gazette,

Part II

April 5, 2005

B.C. Reg. 197/2005, deposited March 31, 2005, pursuant

to the MOTOR VEHICLE ACT [Section 210 (2), (3), (4) and (7)].

Order in Council 392/2005, approved and ordered March 30, 2005.

On the recommendation of the undersigned, the Administrator,

by and with the advice and consent of the Executive Council, orders that the

Motor Vehicle Act Regulations, B.C. Reg. 26/58, is amended as set

out in the attached Schedule.

— R. COLEMAN, Minister of Public Safety

and Solicitor General ; J. LES, Presiding Member of the Executive

Council .

Schedule

Section 10.01 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58,

is amended in the definition of "special sightseeing bus" by

striking out "within the Greater Victoria Regional District".

2 The following

section is added:

Application of federal construction standards

10.051

(1) In this section, "date of manufacture"

means the latest of the dates on which a vehicle was

(

a) first constructed by the original manufacturer, or

(

b) altered by a manufacturer authorized under the Motor

Vehicle Safety Act (Canada).

(2) Subject to subsections (3) and (4), a person must

not operate, or cause to be operated, a bus, passenger car or multipurpose passenger

vehicle, as those terms are defined in the Motor Vehicle Safety Regulations

(Canada), C.R.C. 1038, that was manufactured after January 1, 1971,

unless the vehicle

(

a) conforms to the safety standards under that Act that

applied to that class of vehicle on the date of manufacture, and

(

b) bears a national safety mark, as that term is defined

in the Motor Vehicle Safety Act (Canada), indicating compliance with

the Canadian Motor Vehicle Safety Standards.

(3) Subsection (2) does not apply to a person who operates,

or causes to be operated, an antique motor vehicle or a special sightseeing

bus if the vehicle

(

a) is operated as a commercial passenger vehicle, and

(

b) has not been altered from the original manufacturer's

specifications, other than to bring it into compliance with the requirements

of this regulation respecting mechanical standards.

(4) The director may grant an exemption from subsection (2) in respect of a vehicle

(

a) that was operated as a commercial passenger vehicle before the date this

section comes into force,

(

b) that does not, on that date, conform to safety standards or bear a national safety mark, as described in subsection (2) (

a) and (b),

(

c) to which subsection (3) does not apply,

(

d) that was manufactured before January 1, 2005, and

(

e) that is otherwise in compliance with this regulation.

Section 10.06 (1) is repealed.

4 Sections 10.07 to 10.11 are amended

(

a) by renumbering subsection (1) as subsection (1.1), and

(

b) by adding the following subsection:

(1) This

section does not apply in respect of a commercial

passenger vehicle that conforms to safety standards and bears a national safety

mark as described in

section 10.051 (2) (

a) and (b).

Section 10.07 is amended

(

a) in subsection (4) by striking out "prior to February 28,

1988, and so constructed that it conforms" and substituting "to

conform",

(

b) in subsection (5) (

b) by striking out "Canada Motor Safety

Standards" and substituting "Canada Motor Vehicle Safety Standards", and

(

c) by repealing subsections (8) and (10) and substituting the following:

(8) Despite subsections (1.1), (3) and (5), a commercial

passenger vehicle may be equipped to transport persons using mobility aids if

the manner in which the mobility aids are secured complies with Division 44

of this regulation and the Canadian Standards Association's Standard D 409,

as amended from time to time.

Section 10.10 (4) is amended by striking out "Subsections (1)

(

a) and (

b) do not apply" and substituting "Subsection (1.1) (

a) and (

b) does not apply".

Section 10.11 (2) is amended by striking out "subsection (1)"

and substituting "subsection (1.1)".

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