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Volume 59, No. 18

234/2016

The British Columbia Gazette,

Part II

October 4, 2016

B.C. Reg. 234/2016 , deposited September 29, 2016, under the MOTOR VEHICLE ACT [section 209 (2) (h)]. Order in Council 681/2016, approved and ordered September 28, 2016.

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

Appendix

Schedule 2 of Division 23 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58, is amended in the description for the “ DISABLED PARKING (Regulatory) ” sign by striking out “ disabled persons ” and substituting “ a person with disabilities ”.

2 The heading to Division 38 is repealed and the following substituted:

Division 38 – Parking Permits for Persons with Disabilities .

Section 38.01 is amended

(

a) by repealing the definition of “applicant” , and

(

b) by repealing the

definitions of “disabled person” and “permit” and substituting the following:

“permit” means a parking permit issued under this Division, in the form of a decal or placard, to a person with disabilities;

“person with disabilities” means a person whose mobility is limited as a result of a permanent or temporary disability that makes it impossible or difficult to walk.

Section 38.02 is repealed and the following substituted:

Application for permit

38.02

(1) An application for a permit may only be made by or on behalf of a person with disabilities by applying to a municipality or to an organization designated by a municipality for the purposes of this section.

(2) If a municipality or designated organization is satisfied that an application is made by or on behalf of a person with disabilities, the municipality or designated organization may, on behalf of the Province, issue

(

a) a permit or temporary permit, or

(

b) a substitute permit for a permit that is lost, stolen, mutilated, defaced or altered or that has become illegible.

(3) A permit issued under subsection (2) is valid throughout the Province.

Section 38.03 is repealed and the following substituted:

Display of permit

38.03 While a vehicle operated by a person with disabilities, or in which a person with disabilities is a passenger, is parked in a disabled zone, the person operating the vehicle must display the permit in or on the vehicle

(

a) by suspending the permit from the rearview mirror inside the vehicle so that the permit is clearly visible to a person looking through the windshield of the vehicle from the sidewalk or roadside,

(

b) by placing the permit on the dashboard in front of the driver’s position, or

(

c) in the case of a motorcycle, by attaching the permit to the windshield or displaying the permit in some other conspicuous manner.

Section 38.04 is amended by striking out “ disabled person ” and substituting “ person with disabilities ”.

Section 38.05 is repealed and the following substituted:

Cancellation of permit

38.05 The municipality or designated organization that issued a permit may cancel the permit on being satisfied that any of the following apply:

(

a) a person has contravened a provision of this Division;

(

b) a person made a false statement in the application for the permit;

(

c) the permit is lost, stolen, mutilated, defaced or altered or has become illegible.

Section 38.06 is repealed and the following substituted:

Notification of loss or theft

38.06 If a permit is lost, stolen, mutilated, defaced or altered or has become illegible, the person to whom the permit was issued must immediately notify the municipality or designated organization that issued the permit of the loss, theft, mutilation, defacement, alteration or illegibility.

Section 38.07 is repealed.

Section 38.08 is amended

(

a) in paragraph (

b) by striking out “ disabled person ” and substituting “ person with disabilities ”, and

(

b) in paragraph (

e) by striking out “ disabled ” and substituting “ a person with disabilities ”.

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