British Columbia Order in Council — Order under Motor Vehicle, ss (O.C. 69/2023)

O.C. 69/2023

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Use of Electronic Device s While Driving Regulation, B.C. Reg. 308/2009, is amended (

a) as set out in the attached

Schedule 1, and (

b) effective August 1, 2023, as set out in the attached

Schedule 2. Minister of Transportation and Infrastructure Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Motor Vehicle Act, R.S.B.C. 1996, c. 318, ss. 214.5 and 214.6 Other: OIC 712/2009 R10639677 February 13, 2023

SCHEDULE 1

Section of the Use of Electronic Devices While Driving Regulation, B.C. Reg. 308/2009, is amended by adding the following

definitions: “commercial motor vehicle” has the same meaning as in

section 37.01 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58; “driving time” has the same meaning as in

section 37.01 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58; “electronic logging device” or “ELD” means a device or technology that (

a) automatically records a driver’s driving time, (

b) facilitates the recording of the dr iver’s record of duty status, and (

c) is certified by an accredited certif ication body under

section 79.1 of the Commercial Vehicle Drivers Hours of Service Regulations (Canada); “record of duty status” means a record in which a driver records the information required under

section or of the Commercial Vehicle Drivers Hours of Service Regulations (Canada). 2

Section 3 (1) is amended by adding the following paragraph: (a.1) electronic logging devices; . 3 The following

section is added: Persons engaged in prescribed activity – commercial motor vehicle with ELD 5.1 For the purposes of

section 214.5 (

b) of the Act, a person who is driving or operating a commercial motor vehicle, if the comme rcial motor vehicle is equipped with an electronic logging device that is mounted in a fixed position during the operation of the commercial motor vehicle and is visible to the driver when the driver is in the normal driving position, is engaged in a pr escribed activity and the person is exempt from the prohibition in

section 214.2 of the Act in respect of the use of the electronic logging device.

SCHEDULE 2

Section of the Use of Electronic Devices While Driving Regulation, B.C. Reg. 308/2009, is amended (

a) by repealing the definition of “electronic logging device” or “ELD” and substituting the following: “electronic logging device” or “ELD” has the same meaning as in

section 37.01 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58. , and (

b) by repealing the

definitions of “driving time” and “record of duty status”. 2

Section 5.1 is repealed and the following substituted: Persons engaged in prescribed activity – commercial motor vehicle with ELD 5.1 For the purposes of

section 214.5 (

b) of the Act, a person who is driving or operating a commercial motor vehicle, if the comme rcial motor vehicle is equipped with an electronic logging device that is mounted in accordance with

section 37.39 (1) (

b) of the Motor Vehicle Act Regulations, B.C. Reg. 26/58, is engaged in a prescribed activity and the person is exempt from th e prohibition in

section 214.2 of the Act in respect of the use of the electronic logging device.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 69/2023
Type	order_in_council
Volume / chapter	arc oic 0069 2023
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	b33f589e1b5008698d8b98a34472d96271b5be2d

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