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Volume 61, No. 20

205/2018

The British Columbia Gazette,

Part II

October 9, 2018

B.C. Reg. 205/2018 , deposited October 5, 2018, under the MOTOR VEHICLE ACT [section 210], the MOTOR VEHICLE AMENDMENT ACT, 2018 [section 29] and the MOTOR VEHICLE AMENDMENT ACT, 2010 [section 29]. Order in Council 540/2018, approved and ordered October 5, 2018.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective October 17, 2018,

(

a) the following provisions of the Motor Vehicle Amendment Act, 2018 , S.B.C. 2018, c. 18, are brought into force:

(

i) sections 2, 3 and 4;

(ii)

section 16 (a), as it enacts

section 210 (2) (k.01) of the Motor Vehicle Act ;

(iii) sections 18 and 24,

(

b) sections 16, 17 and 18 of the Motor Vehicle Amendment Act, 2010 , S.B.C. 2010, c. 14, are brought into force,

(

c) the Motor Vehicle Act Regulations, B.C. Reg. 26/58, are amended as set out in the attached Appendix 1, and

(

d) the Physical Coordination Test Regulation set out in the attached Appendix 2 is made.

— M. FARNWORTH, Minister of Public Safety and Solicitor General ; G. HEYMAN, Presiding Member of the Executive Council .

Appendix 1

Section 30.11 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58, is amended

(

a) by repealing subsection (1) and substituting the following:

(1) A person to whom a Class 7L, 8L, 7 or 8 licence is issued must not operate a motor vehicle while having any of the following in the person’s body:

(

a) alcohol;

(

b) cocaine;

(

c) tetrahydrocannabinol (THC). ,

(

b) in subsection (2) by striking out “ prescribed ” and substituting “ approved screening devices ”, and

(

c) by adding the following subsections:

(3) For the purposes of

section 90.3 of the Act, the following equipment, when used together, is approved drug screening equipment:

(

a) the Dräger Drugtest® 5000 STK-CA;

(

b) the Dräger Drugtest® 5000.

(4) For the purposes of sections 25 (10.101) and 90.3 (2.1) (

b) of the Act, the following drugs are prescribed:

(

a) cocaine;

(

b) tetrahydrocannabinol (THC).

Appendix 2

PHYSICAL COORDINATION TEST REGULATION

Definition

1 In this regulation, “Act” means the Motor Vehicle Act .

Prescribed physical coordination test

2 For the purposes of

section 215 (8) (

a) and (8.1) (

a) of the Act, a prescribed physical coordination test consists of the following standard field sobriety tests, if administered together:

(

a) the horizontal gaze nystagmus test;

(

b) the walk-and-turn test;

(

c) the one-leg stand test.

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