British Columbia Bill 15 (Government) — 4th Parliament, 40th Session — Previous Version 1

4-40 Gov Bill 15-1

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2015 Legislative Session: 4th Session, 40th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE SUZANNE ANTON

MINISTER OF JUSTICE

BILL 15 – 2015

MOTOR VEHICLE AMENDMENT ACT, 2015

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

SECTION 1: [Motor Vehicle Act,

section 25.1]

amends subsection (2) to parallel the language used in

section 25.2 (1) of the Act, as added by this Bill;

repeals subsections (4), (6) and (7), the content of which is now included in

section 25.3 of the Act, as added by this Bill;

adds a new subsection (6) which clarifies that the superintendent may still exercise the authority to require a person to take

part in a discretionary driver course or program under

section 25.1 of the Act when the person is also subject to a mandatory driver program under

section 25.2.

Section 25.1 (2), (4), (6) and (7) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed and the following substituted:

(2) Subject to subsection (5), the superintendent may require a statement in, endorsement on or attachment to the person's driver's licence, adding as a condition of the driver's licence that the person, in order to continue to hold the licence, must attend or participate in and complete, to the satisfaction of the superintendent, a course or program referred to in subsection (1).

(6) The fact that a person is required to attend or participate in and complete a program under

section 25.2 does not affect the superintendent's power in respect of another course or program under subsection (2) or (5) of this

section in respect of that person.

SECTION 2: [Motor Vehicle Act,

section 25.1] establishes that persons required to attend

or participate in driver programs must pay, in addition to the prescribed government

fees, the charges imposed by the providers of the programs.

Section 25.1 (6) is repealed and the following substituted:

(6) A person who is required to attend or participate in a program referred to in subsection (1) must pay

(

a) to the government the prescribed fees, and

(

b) to the provider of the program any charges provided for in the contract between the government and the provider.

SECTION 3: [Motor Vehicle Act, sections 25.2 and 25.3]

establishes mandatory driver programs;

provides for matters that are common to the driver programs under sections 25.1 and 233 of the Act and

section 25.2 of the Act, as added by this Bill.

3 The following sections are added:

Mandatory programs for drivers

25.2

(1) Subject to subsection (2), if the circumstances or conditions described in the regulations apply to a person, the superintendent must require a statement in, endorsement on or attachment to the person's driver's licence, adding as a condition of the driver's licence that the person, in order to continue to hold the licence, must attend or participate in and complete, in accordance with the regulations, one or more of the following as specified in the regulations:

(

a) a remedial program or component of it specified by the superintendent;

(

b) an ignition interlock program specified by the superintendent.

(2) If the circumstances or conditions described in the regulations apply to a person and it is, in the superintendent's opinion, contrary to the public interest to allow the person to hold a driver's licence while attending or participating in a program referred to in subsection (1) (a), the superintendent must require that the person attend and complete, in accordance with the regulations, that program before being eligible to apply for a driver's licence under

section 25.

(3) The obligations of the superintendent under subsections (1) and (2) do not apply in respect of a person who has completed, after those circumstances or conditions described in the regulations applied to the person, a program outside of British Columbia that

(

a) corresponds to the program that the person would otherwise be required to attend or participate in and complete, in accordance with the regulations,

(

b) was sanctioned by the government of the jurisdiction in which the program was completed, and

(

c) is acceptable to the superintendent.

Matters related to courses and programs for drivers

25.3 (1)

Section 25 (13) applies to a condition imposed in respect of a person's driver's licence under

section 25.1, 25.2 or 233.

(2) A person who is required to attend or participate in a program referred to in

section 25.1, 25.2 or 233 must pay

(

a) to the government the prescribed fees, and

(

b) to the provider of the program any charges provided for in the contract between the government and the provider.

(3) Nothing in

section 25.1, 25.2 or 233 limits the application of sections 25 (12), 29, 92 and 93.

SECTION 4: [Motor Vehicle Act, sections 48 to 50] repeals provisions establishing the AirCare

program.

4 Sections 48 to 50 are repealed.

SECTION 5: [Motor Vehicle Act,

section 65] repeals a provision dealing with matters covered

by the Financial Administration Act and the Insurance Corporation Act .

Section 65 is repealed.

SECTION 6: [Motor Vehicle Act,

section 92] adds a condition imposed under

section 25.2 (1) of the Act, as added by this Bill, to the grounds on which the

superintendent may prohibit a person from driving or have the person's

driver's licence cancelled.

Section 92 (b.1) is repealed and the following substituted:

(b.1) a person fails to comply with a condition imposed on the person's driver's licence under

section 25.1 (2) or 25.2 (1), or .

SECTION 7: [Motor Vehicle Act,

section 94.4] requires the superintendent to revoke a driving

prohibition that results from notice under

section 94.1 of the Act and take

related actions if a sworn or solemnly affirmed report under

section 94.3 (

d) of

the Act is not forwarded by a certain time.

Section 94.4 is amended by adding the following subsection:

(7) Despite sections 94.5 and 94.6, if

(

a) a person applies for a review of a driving prohibition under subsection (1) of this

section in accordance with subsection (2), and

(

b) by the end of the period of time specified in subsection (1), the superintendent has not received the sworn or solemnly affirmed report required to be forwarded under

section 94.3 (d),

the superintendent must

(

c) revoke the driving prohibition,

(

d) direct the Insurance Corporation of British Columbia to return any licence or permit to operate a motor vehicle taken into possession by the peace officer or sent to the corporation,

(

e) direct that the application and hearing fees paid be refunded to the applicant, and

(

f) give the person notice of the matters referred to in paragraphs (

b) to (e).

SECTION 8: [Motor Vehicle Act,

section 94.5]

corrects cross-references;

makes an amendment that is consequential to the addition by this Bill of

section 94.4 (7) to the Act;

provides that the superintendent may come to a decision in a driving prohibition review under

section 94.4 of the Act before receiving documents referred to in

section 94.3 of the Act.

Section 94.5 is amended

(

a) in subsection (1) (

d) by striking out " paragraphs (

a) to (c), " and substituting " paragraphs (

a) to (c.1), ",

(

b) in subsection (2.1) by striking out " Despite subsection (1), " and substituting " Despite subsection (1) but subject to

section 94.4 (7), ",

(

c) in subsection (2.1) by adding " and render a decision " after " proceed with a hearing " and by striking out " at the time of the hearing ", and

(

d) in subsection (2.2) by striking out " (c.1) ".

SECTION 9: [Motor Vehicle Act,

section 98] removes the requirement that a person applying

to a court to review a driving prohibition of more than 3 years give prior

notice to the Insurance Corporation of British Columbia.

Section 98 (5) is amended by striking out " and after notifying the Insurance Corporation of British Columbia ".

SECTION 10: [Motor Vehicle Act,

section 118.1] is consequential to the repeal of the provisions

establishing the AirCare program.

Section 118.1 is amended by repealing the definition of "person affected by a proposed action of the corporation" and substituting the following :

"person affected by a proposed action of the corporation" means a person whose licence is the subject of an action, described in

section 118.4 (

a) or (b), that is proposed by the Insurance Corporation of British Columbia; .

SECTION 11: [Motor Vehicle Act,

section 118.4] is consequential to the repeal of the provisions

establishing the AirCare program.

Section 118.4 is amended

(

a) by striking out " any of the following paragraphs (a), (b), and (e), " and substituting " paragraph (

a) or (b), ", and

(

b) by repealing paragraph (e).

SECTION 12: [Motor Vehicle Act,

section 118.7] repeals the provision that authorizes an

appeal of a decision relating to the AirCare program.

Section 118.7 (

f) is repealed.

SECTION 13: [Motor Vehicle Act,

section 119] adds "official vehicle" to the

definitions

applying to

Part 3 of the Act.

Section 119 (1) is amended by adding the following definition:

"official vehicle" has the meaning prescribed by regulation; .

SECTION 14: [Motor Vehicle Act,

section 150] provides that the requirement for a vehicle

traveling at less than normal speed to keep to the right does not apply to a

vehicle preparing for a left hand turn into an exit or passing an official vehicle

stopped on the side of or on the roadway.

Section 150 (2) is repealed and the following substituted:

(2) The driver of a vehicle proceeding at less than normal speed of traffic at the time and place and under existing conditions must drive the vehicle in the right hand lane available for traffic, or as closely as practicable to the right hand curb or edge of the roadway, except when

(

a) overtaking and passing another vehicle,

(

b) preparing for a left hand turn at an intersection or into an exit, a private road or a driveway, or

(

c) passing an official vehicle stopped on the side of or on the roadway.

SECTION 15: [Motor Vehicle Act,

section 151.1] provides that a vehicle must exit the leftmost

lane of a laned roadway when it is safe to do so on the approach of

another vehicle where the speed limit is at least 80 km/h and the actual speed

of traffic is at least 50 km/h, except when passing, allowing traffic to merge,

preparing for a left hand turn or passing an official vehicle stopped on the side

of or on the roadway.

15 The following

section is added:

When drivers must not use leftmost lane

151.1

(1) In this section, "leftmost lane" , in relation to a laned roadway to which this

section applies, means the lane that is furthest to the left of the marked lanes available for traffic proceeding in the same direction, other than

(

a) a bus lane,

(

b) a high occupancy vehicle lane, or

(

c) a designated use lane.

(2) This

section applies to a laned roadway if

(

a) there are 2 or more marked lanes available for traffic proceeding in the same direction, other than a bus lane, a high occupancy vehicle lane or a designated use lane,

(

b) the speed limit is at least 80 km/h, and

(

c) the actual speed of traffic is at least 50 km/h.

(3) A driver of a vehicle in the leftmost lane must exit the lane on the approach of another vehicle in that lane, if it is safe to do so, except when

(

a) overtaking and passing a third vehicle,

(

b) allowing traffic to merge,

(

c) preparing for a left hand turn at an intersection or into an exit, a private road or a driveway, or

(

d) passing an official vehicle stopped on the side of or on the roadway.

SECTION 16: [Motor Vehicle Act,

section 171] corrects a cross-reference.

Section 171 (2) is amended by striking out " paragraph (1) (

a) or (b) " and substituting " subsection (1) (

b) or (c) ".

SECTION 17: [Motor Vehicle Act,

section 189] authorizes municipalities to post signs

allowing certain cycles or motorcycles to park within 6 m of a flashing beacon,

stop sign or traffic control signal.

Section 189 (3) is repealed and the following substituted:

(3) Despite subsection (1) (

f) and (g), a municipality may provide by bylaw that, if authorized by a sign posted by the municipality, a person may park a cycle or motorcycle within 6 m of the approach side of a crosswalk or within 6 m on the approach to a flashing beacon, stop sign or traffic control signal if the cycle or motorcycle is

(

a) of a size that, and

(

b) parked so that

the cycle or motorcycle does not obstruct a motorist's view of the crosswalk, flashing beacon, stop sign, traffic control signal or an intersection.

SECTION 18: [Motor Vehicle Act,

section 208]

amends the definition of "winter tire";

authorizes the minister responsible for the Transportation Act to prohibit driving or operating a vehicle or a class of vehicles without chains, winter tires or traction devices, or a combination of these, on a rural or arterial highway;

provides that it is an offence to drive or operate a vehicle without required chains, winter tires or traction devices.

Section 208 is repealed and the following substituted:

Winter tires and traction devices

(1) For the purpose of this section, "winter tire" means a tire that meets the standards and specifications prescribed for winter tires.

(2) The minister responsible for the administration of the Transportation Act may, by public notice or by placing signs, prohibit any vehicle or a class of vehicles from being driven or operated on a highway, unless the vehicle is equipped with chains, winter tires or traction devices, or a combination of these, that the minister responsible for the administration of the Transportation Act considers adequate in view of prevailing road conditions.

(3) A public notice or sign under subsection (2) may provide differently in relation to specified dates, prevailing weather conditions or any other criteria the minister responsible for the administration of the Transportation Act considers necessary or advisable.

(4) A person who drives or operates a vehicle in contravention of a prohibition made under subsection (2) commits an offence.

SECTION 19: [Motor Vehicle Act,

section 209] authorizes the Lieutenant Governor in Council

to prescribe standards and specifications for winter tires and to regulate

types of chains or other traction devices.

Section 209 is amended

(

a) in subsection (1) by striking out " chains, cleats, ribs, clamps, flanges or other devices " in paragraph (

b) and substituting " chains, studs, cleats, ribs, clamps, flanges or other traction devices " and by adding the following paragraphs:

(b.1) prescribing standards and specifications for winter tires;

(b.2) regulating types of chains or other traction devices; , and

(

b) by adding the following subsection:

(1.1) Without limiting

section 210 (7), a regulation under subsection (1) (b.1) of this

section may incorporate by reference, with or without modification, in whole or in part, a standard or specification or an approval, certification or designation associated with a standard or specification of or published by a national or international industry association, as amended from time to time before or after the regulation is made.

SECTION 20: [Motor Vehicle Act,

section 210]

adds regulation-making powers related to the new mandatory driver programs under

section 25.2 of the Act, as added by this Bill, and to fees for remedial programs and ignition interlock programs;

repeals broad regulation-making powers dealing with remedial programs and ignition interlock programs that, aside from the power to prescribe fees, were never exercised.

Section 210 is amended

(

a) in subsection (2) by adding the following paragraphs:

(k.1) respecting the conditions or circumstances for the purposes of

section 25.2;

(k.2) identifying medical conditions that the superintendent must take into account when specifying a program referred to in

section 25.2 or that exempt a person from having to participate in the ignition interlock program under

section 25.2, and respecting the evidence to be provided to establish the medical conditions;

(k.3) respecting whether a person must attend or participate in one or more of the programs referred to in

section 25.2;

(k.4) respecting the date by which or a period of time during which a person must complete a program referred to in

section 25.2 and the circumstances in or reasons for which the superintendent is required to extend, change or cancel the date or period of time;

(k.5) prescribing fees or categories of fees that must be paid to the government by an individual who is required to attend or participate in a remedial program or ignition interlock program; , and

(

b) by repealing subsections (2.1) and (2.2).

SECTION 21: [Motor Vehicle Act,

section 215.3] makes amendments that parallel amendments

made by this Bill to

section 215.5 of the Act.

Section 215.3 is repealed and the following substituted:

Decision of the superintendent

215.3

(1) The burden of proof in a review of a driving prohibition under

section 215.1 is on the person on whom the notice of driving prohibition was served.

(2) If, after considering an application for review under

section 215.1, the superintendent is satisfied by the person that

(

a) the person had the right to request and requested that the peace officer administer a test to indicate his or her blood alcohol level but the peace officer failed to provide the person with the opportunity to undergo the test, or

(

b) the person was not a driver within the meaning of

section 215 (1),

the superintendent must revoke the driving prohibition.

SECTION 22: [Motor Vehicle Act,

section 215.4] is consequential to the addition by this Bill

section 251.1 to the Act.

Section 215.4 (1) is amended by striking out " If a peace officer " and substituting " Subject to

section 251.1, if a peace officer ".

SECTION 23: [Motor Vehicle Act,

section 215.41] is consequential to the addition by this

Bill of

section 215.49 (5) and (6) to the Act.

Section 215.41 (2) is amended by adding " , 215.49 " after " 215.47 ".

SECTION 24: [Motor Vehicle Act,

section 215.43] clarifies how the period of a driving prohibition

under

section 215.43 of the Act is to be calculated.

Section 215.43 (3) is repealed and the following substituted:

(3) A driving prohibition under this

section

(

a) takes effect immediately on service of the notice of driving prohibition under

section 215.41, and

(

b) unless revoked under this Act, continues in effect until the end of the last day of the driving prohibition as calculated in accordance with subsection (3.1).

(3.1) Despite subsection (3) (a), the last day of a driving prohibition must be calculated so that the period of days specified by this

section for the driving prohibition is in addition to the day on which the notice of driving prohibition under

section 215.41 is served.

SECTION 25: [Motor Vehicle Act,

section 214.45] repeals a provision that is being replaced

by the new mandatory driver programs under

section 25.2 of the Act, as added

by this Bill.

Section 215.45 is repealed.

SECTION 26: [Motor Vehicle Act,

section 215.46] is consequential to the addition by this

Bill of

section 251.1 to the Act.

Section 215.46 (1) and (2) is amended by striking out " If a peace officer " and substituting " Subject to

section 251.1, if a peace officer ".

SECTION 27: [Motor Vehicle Act,

section 215.48] adds that statements and evidence submitted

by an applicant must meet the requirements of the regulations.

Section 215.48 (3) is repealed and the following substituted:

(3) An applicant may attach to the application for review any written statement or evidence that the applicant wishes the superintendent to consider and that meets the requirements of the regulations.

SECTION 28: [Motor Vehicle Act,

section 215.48] requires the superintendent to revoke a

driving prohibition that results from notice under

section 215.41 of the Act and

take related actions if a sworn or solemnly affirmed report under

section 215.47 (

d) of the Act is not forwarded by a certain time.

Section 215.48 is amended by adding the following subsection:

(7) Despite sections 215.49 and 215.5, if

(

a) a person applies for a review of a driving prohibition under subsection (1) of this

section in accordance with subsection (2), and

(

b) by the end of the period of time specified in subsection (1), the superintendent has not received the sworn or solemnly affirmed report required to be forwarded under

section 215.47 (d),

the superintendent must

(

c) revoke the driving prohibition,

(

d) cancel the monetary penalty for which the person would otherwise be liable under

section 215.44 and, in respect of any impoundment,

section 253 (8) applies,

(

e) if the person held a valid licence or permit issued under this Act to operate a motor vehicle at the time the notice of driving prohibition was served under

section 215.41, direct the Insurance Corporation of British Columbia to return any licence or permit to operate a motor vehicle taken into possession by the peace officer or sent to the corporation, and

(

f) give the person notice of the matters referred to in paragraphs (

b) to (e).

SECTION 29: [Motor Vehicle Act,

section 215.49] establishes that the superintendent must

consider written statements and evidence that meet the requirements of the

regulations.

Section 215.49 (1) (

a) is repealed and the following substituted:

(

a) any relevant written statement or evidence, submitted by the applicant, that meets the requirements of the regulations, .

SECTION 30: [Motor Vehicle Act,

section 215.49]

makes an amendment that is consequential to the addition by this Bill of

section 215.48 (7) to the Act;

provides that the superintendent may come to a decision in a driving prohibition review under

section 215.48 of the Act before receiving documents referred to in

section 215.47 of the Act.

Section 215.49 (3) is amended

(

a) by striking out " Despite subsection (1), " and substituting " Despite subsection (1) but subject to

section 215.48 (7), ", and

(

b) by adding " and render a decision " after " proceed with a hearing " and by striking out " , at the time of the hearing, ".

SECTION 31: [Motor Vehicle Act,

section 215.49] authorizes the superintendent to consider

technical, medical and scientific evidence or information in a driving prohibition

review under

section 215.48 of the Act.

Section 215.49 is amended

(

a) in subsection (4) by striking out " subsection (1), " and substituting " subsection (1) or (5), ", and

(

b) by adding the following subsections:

(5) In a review of a driving prohibition under

section 215.48, the superintendent may, on the superintendent's own initiative, consider technical materials that, in the opinion of the superintendent, might assist the superintendent to determine issues raised by the applicant.

(6) In subsection (5), "technical materials" means technical, medical or scientific evidence or information and includes

(

a) manuals and training materials relating to, and documents provided by the manufacturer of, an approved screening device,

(

b) summaries of technical, medical or scientific evidence or information that are prepared by the superintendent, and

(

c) documents that are prescribed or in a prescribed class of documents.

SECTION 32: [Motor Vehicle Act,

section 215.5] provides that the burden of proof in a driving

prohibition review under

section 215.48 of the Act is on the applicant.

Section 215.5 is amended

(

a) by repealing subsections (1) and (2) and substituting the following:

(1) The burden of proof in a review of a driving prohibition under

section 215.48 is on the person on whom the notice of driving prohibition was served.

(2) Subject to subsection (4), if, after considering an application for review under

section 215.48, the superintendent is satisfied by the person that,

(

a) in the case of a 7-day driving prohibition, the prohibition was a first prohibition, or

(

b) in the case of a 30-day driving prohibition, the prohibition was either

(

i) a first prohibition, or

(ii) a second prohibition,

the superintendent must

(

c) substitute

(

i) a 3-day driving prohibition, in the circumstances described in paragraph (

a) or (b) (i), or

(ii) a 7-day driving prohibition, in the circumstances described in paragraph (b) (ii), and

(

d) vary accordingly the monetary penalty for which the person is liable under

section 215.44 and, in respect of any impoundment,

section 253 (8) applies. , and

(

b) in subsection (4) by striking out " is satisfied that the person was not a driver within the meaning of

section 215.41 (1) or that, " and substituting " is satisfied by the person that the person was not a driver within the meaning of

section 215.41 (1) or is satisfied by the person that, ".

SECTION 33: [Motor Vehicle Act,

section 215.51] adds regulation-making powers

to establish requirements for written statements and evidence and their submission, and

to require the superintendent to waive a requirement respecting the timing of submissions in certain circumstances or for certain reasons.

Section 215.51 is amended by adding the following paragraph:

(

e) for the purposes of sections 215.48 (3) and 215.49 (1) (a),

(

i) establishing requirements for written statements and evidence and their submission, and

(ii) respecting the circumstances in or reasons for which the superintendent is required to waive a requirement; .

SECTION 34: [Motor Vehicle Act,

section 215.51] is consequential to the addition by this

Bill of

section 215.49 (5) and (6) to the Act.

Section 215.51 is amended by adding the following paragraph:

(

f) prescribing documents or classes of documents for the purposes of the definition of "technical materials" in

section 215.49 (6).

SECTION 35: [Motor Vehicle Act,

section 233]

repeals a definition that becomes unnecessary because of the amendments made by this Bill to

section 233 of the Act;

adds cross-references to the mandatory driver programs under

section 25.2 of the Act, as added by this Bill;

clarifies that the superintendent may still exercise the authority to require a person to take

part in an ignition interlock program under

section 233 (3) of the Act when the person is also subject to a mandatory driver program under

section 25.2 of the Act, as added by this Bill;

repeals subsection (5), the content of which is now included in

section 25.3 of the Act, as added by this Bill.

Section 233 is amended

(

a) by repealing subsection (1),

(

b) by repealing subsection (2) (a) (ii) and substituting the following:

(ii) the person has

(

A) attended or participated in and completed a program under

section 25.1 to the satisfaction of the superintendent or under

section 25.2 in accordance with the regulations, and

(

B) paid the prescribed fees, or ,

(

c) by repealing subsection (2) (b) (ii) and substituting the following:

(ii) the person has

(

A) attended or participated in and completed a program under

section 25.1 to the satisfaction of the superintendent or under

section 25.2 in accordance with the regulations, and

(

B) paid the prescribed fees. ,

(

d) by repealing subsection (3.1) and substituting the following:

(3.1) The fact that a person is required to attend and complete a remedial program under

section 25.2 does not affect the superintendent's power under subsection (3) in respect of that person. ,

(

e) by repealing subsection (5), and

(

f) by repealing subsection (7) (

a) and substituting the following:

(

a) if, on the expiry of a suspension under

section 232 (2) and (3) (

a) or (b), the person has not

(

i) attended or participated in and completed a program under

section 25.1 to the satisfaction of the superintendent or under

section 25.2 in accordance with the regulations, or

(ii) paid the prescribed fees, and .

SECTION 36: [Motor Vehicle Act,

section 233] establishes that persons required to participate

in an ignition interlock program must pay, in addition to the prescribed

government fees, the charges imposed by the providers of the program.

Section 233 is amended

(

a) in subsection (3) by striking out "and the person pays the prescribed fees for the ignition interlock program ", and

(

b) by adding the following subsection:

(3.1) A person who is required to participate in an ignition interlock program referred to in subsection (3) must pay

(

a) to the government the prescribed fees, and

(

b) to the provider of the program any charges provided for in the contract between the government and the provider.

SECTION 37: [Motor Vehicle Act,

section 251] is consequential to the addition by this Bill

section 251.1 to the Act.

Section 251 (1) is amended by striking out " If a peace officer " and substituting " Subject to

section 251.1, if a peace officer ".

SECTION 38: [Motor Vehicle Act,

section 251.1] exempts emergency vehicles and ambulances

from impoundment under certain provisions of the Act.

38 The following

section is added:

Exempt emergency vehicles

251.1 Despite any other provision of this Act, the following motor vehicles must not be impounded under

section 215.4 (1), 215.46 (1) or (2) or 251 (1):

(

a) an emergency vehicle;

(

b) an ambulance as defined in the Emergency Health Services Act .

SECTION 39: [Motor Vehicle Act,

section 253] exempts prescribed classes of motor vehicles

from the impoundment escalation rules in

section 253 of the Act.

Section 253 is amended

(

a) in subsection (3) by adding " subsection (3.1) and " after " subject to ", and

(

b) by adding the following subsection:

(3.1) Subsection (3) does not apply in relation to a motor vehicle if

(

a) the motor vehicle is in a prescribed class of motor vehicles, and

(

b) the person in respect of whose driving or operating the motor vehicle was impounded under

section 251 (1) was not the owner of the motor vehicle at the time of the driving or operating.

SECTION 40: [Motor Vehicle Act,

section 257] allows the superintendent, in a review of a

motor vehicle impoundment, to consider the report of a peace officer.

Section 257 (

b) is amended by striking out " or " at the end of subparagraph (

i) and by adding the following subparagraph:

(i.1) in the case of an impoundment under

section 215.46 (2), the report of the peace officer forwarded under

section 215.47 (d), or .

SECTION 41: [Motor Vehicle Act,

section 260] allows the superintendent, in a review of a

driving prohibition, to consider the report of a peace officer.

Section 260 is amended by striking out " and " at the end of paragraph (

a) and by adding the following paragraph:

(a.1) the report of the peace officer forwarded under

section 254 (1) (c) (i), and .

SECTION 42: [Motor Vehicle Act,

section 263.1] provides for the establishment, by regulation,

of early release schemes for prescribed classes of motor vehicles.

42 The following

section is added:

Early release of prescribed motor vehicles

263.1

(1) In this section, "eligible motor vehicle" means a motor vehicle that meets the requirements under subsection (2).

(2) A motor vehicle is eligible for early release under this

section if

(

a) the motor vehicle is in a prescribed class of motor vehicles,

(

b) the motor vehicle is impounded under a prescribed provision of this Act for a prescribed number of days, and

(

c) the person in respect of whose driving or operating the motor vehicle was impounded was not the owner of the motor vehicle at the time of the driving or operating.

(3) A person who

(

a) is the owner of an eligible motor vehicle or, if not the owner of the eligible motor vehicle, a person authorized by the owner, and

(

b) has a valid driver's licence and is not prohibited from driving,

may apply to the superintendent under subsection (4) for the release of the motor vehicle.

(4) An applicant must

(

a) apply in a form acceptable to the superintendent,

(

b) provide the superintendent with any information the superintendent may reasonably require,

(

c) pay to the superintendent the prescribed hearing fee, if any, and

(

d) establish, to the satisfaction of the superintendent, that the owner is eligible for early release of the eligible motor vehicle on the applicable prescribed grounds, if any.

(5) If the superintendent is satisfied, with respect to an application, that the applicable prescribed grounds referred to in subsection (4) (

d) have been established or that no applicable grounds are prescribed, the superintendent may, subject to the lien described in

section 255 (2),

(

a) with the consent of the owner of the eligible motor vehicle or a person authorized by the owner, and

(

b) on receiving payment of the prescribed vehicle release fee, if any,

order the person who has custody of the eligible motor vehicle under the impoundment to release the eligible motor vehicle to the applicant.

(6) If a motor vehicle has been released under this

section during the course of an impoundment that occurred in respect of a particular period during which

(

a) the person referred to in

section 251 (1) (

a) was prohibited from driving a motor vehicle,

(

b) the person's driver's licence and his or her right to apply for or obtain a driver's licence was suspended under

section 89 (1) (

b) or (c), 232 or 233, or

(

c) the person referred to in

section 251 (1) (

c) failed to hold a subsisting driver's licence issued under this Act and was not exempt under

section 34 from holding a driver's licence issued under this Act,

no further application for the release of a motor vehicle may be made under this

section with respect to an impoundment that occurs in respect of that same period.

SECTION 43: [Motor Vehicle Act,

section 268] is consequential to the addition by this Bill

section 263.1 to the Act.

Section 268 is amended by adding the following paragraphs:

(

d) prescribing classes of motor vehicles for the purposes of

section 253 (3.1) (

a) or 263.1 (2) (a), including, without limitation, by reference to

(

i) their use, ownership, nature, type or character,

(ii) their drivers, operators or passengers, or

(iii) the circumstances under which they are driven, operated or impounded;

(

e) for different classes of motor vehicles prescribed under paragraph (

d) for the purposes of

section 263.1 (2) (a), prescribing different

(

i) provisions of this Act and numbers of days for the purposes of

section 263.1 (2) (b),

(ii) hearing fees for the purposes of

section 263.1 (4) (c), which may be different for different types of hearings,

(iii) grounds of review for the purposes of

section 263.1 (4) (d), including, without limitation, grounds referred to in

section 262 (3) or 263 (2), and

(iv) vehicle release fees for the purposes of

section 263.1 (5) (b).

Transitional Provisions

SECTION 44: [Transition – mandatory programs for drivers] provides that mandatory

driver programs apply to persons if the last circumstance or condition for

entering the program occurs after the mandatory driver programs come into

force.

Transition – mandatory programs for drivers

Section 25.2 of the Motor Vehicle Act , as enacted by this Act, applies to a person if the last circumstance or condition described in the regulations in respect of the person occurs after that

section comes into force.

SECTION 45: [Transition – calculation of period of driving prohibition under

section 215.43] provides that the rules enacted by this Bill for calculating the

period of a driving prohibition under

section 215.43 of the Motor Vehicle Act

apply to a driving prohibition under that

section that is in effect on the date

those rules come into force.

Transition – calculation of period of

driving prohibition under

section 215.43

Section 215.43 (3) and (3.1) of the Motor Vehicle Act , as enacted by this Act, applies to a driving prohibition under

section 215.43 of the Motor Vehicle Act that is in effect on the date

section 215.43 (3) and (3.1) of that Act, as enacted by this Act, comes into force.

SECTION 46: [Transition – decision after review of driving prohibition under

section 215.3] provides that amendments made by this Bill to

section 215.3 of

the Motor Vehicle Act do not apply to a review of a driving prohibition of

which notice is served under

section 215 of that Act before the date this

section

comes into force.

Transition – decision after review of

driving prohibition under

section 215.3

Section 215.3 of the Motor Vehicle Act , as that

section read immediately before the date this

section comes into force, applies in relation to a review under

section 215.1 of that Act of a driving prohibition of which notice under

section 215 of that Act is served before the date this

section comes into force.

SECTION 47: [Transition – considerations on review of driving prohibition under

section 215.48] provides that

section 215.49 (5) of the Motor Vehicle Act , as

enacted by this Bill, does not apply to a review of a driving prohibition of

which notice is served under

section 215.41 of that Act before the date

section

215.49 (5) comes into force.

Transition – considerations on review of

driving prohibition under

section 215.48

Section 215.49 (5) of the Motor Vehicle Act , as enacted by this Act, does not apply in relation to a review under

section 215.48 of the Motor Vehicle Act of a driving prohibition of which notice under

section 215.41 of that Act is served before the date

section 215.49 (5) comes into force.

SECTION 48: [Transition – decision after review of driving prohibition under

section 215.48] provides that amendments made by this Bill to

section 215.5

of the Motor Vehicle Act do not apply to a review of a driving prohibition of

which notice is served under

section 215.41 of that Act before the date this

section comes into force.

Transition – decision after review of

driving prohibition under

section 215.48

Section 215.5 of the Motor Vehicle Act , as that

section read immediately before the date this

section comes into force, applies in relation to a review under

section 215.48 of that Act of a driving prohibition of which notice under

section 215.41 of that Act is served before the date this

section comes into force.

SECTION 49: [Transition – application of

section 257 (b) (i.1)] provides that

section 257 (b) (i.1) of the Motor Vehicle Act , as enacted by this Bill, does not

apply to a review of an impoundment based on a driving prohibition of which

notice is served before that

section comes into force.

Transition – application of

section 257 (b) (i.1)

Section 257 (b) (i.1) of the Motor Vehicle Act , as enacted by this Act, does not apply in relation to a review of an impoundment under

section 256 of the Motor Vehicle Act if the notice of driving prohibition on which the impoundment is based is served before the date

section 257 (b) (i.1) comes into force.

SECTION 50: [Transition – application of

section 260 (a.1)] provides that

section 260 (a.1)

of the Motor Vehicle Act , as enacted by this Bill, does not apply to a review of

a driving prohibition of which notice is served before that

section comes into

force.

Transition – application of

section 260 (a.1)

Section 260 (a.1) of the Motor Vehicle Act , as enacted by this Act, does not apply in relation to a review of a driving prohibition under

section 259 of the Motor Vehicle Act of which notice is served before the date

section 260 (a.1) comes into force.

SECTION 51: [Transition – Insurance (Vehicle) Act – monetary penalties] provides that

amendments made by this Bill to the definition of "vehicle indebtedness" in

section 93.1 of the Insurance (Vehicle) Act apply to monetary penalties that

were imposed under

section 215.44 of the Motor Vehicle Act before, on or

after the date those amendments come into force.

Transition – Insurance (Vehicle) Act – monetary penalties

51 Paragraph (d.1) of the definition of "vehicle indebtedness" in

section 93.1 (1) of the Insurance (Vehicle) Act , as enacted by this Act, applies to monetary penalties that were imposed under

section 215.44 of the Motor Vehicle Act before, on or after the date that paragraph comes into force.

Validation Provisions

SECTION 52: [Validation of calculation of period of driving prohibition under

section 215.43] validates actions, taken on the basis of a calculation of the

period of a driving prohibition under

section 215.43 of the Motor Vehicle Act , that would have been valid had the rules enacted by this Bill for calculating the

period of a driving prohibition under that

section come into force on September

20, 2010.

Validation of calculation of period of

driving prohibition under

section 215.43

(1) In this section, "specified calculation" means a calculation of the period of a driving prohibition imposed under

section 215.43 of the Motor Vehicle Act as

(

a) enacted by the Motor Vehicle Amendment Act, 2010 , S.B.C. 2010, c. 14, or

(

b) amended by the Motor Vehicle Amendment Act, 2012 , S.B.C. 2012, c. 26.

(2) All things done on the basis of a specified calculation are conclusively deemed to have been validly done to the extent that they would have been validly done had

section 215.43 (3) and (3.1) of the Motor Vehicle Act , as enacted by this Act, come into force on September 20, 2010.

(3) This

section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

SECTION 53: [Validation of charges and fees for driver programs] validates certain

amounts charged by companies that provided remedial programs and ignition

interlock programs and certain fees charges by the government for a specified

ignition interlock program.

Validation of charges and fees for driver programs

(1) This

section applies to the following:

(

a) amounts that were

(

i) charged by a person who provided a remedial program or ignition interlock program under

section 25.1 or 233 of the Motor Vehicle Act from June 15, 2005 to the date this

section comes into force, and

(ii) provided for in contracts between the person and the government;

(

b) fees that the government charged for an ignition interlock program under

section 233 of the Motor Vehicle Act from June 15, 2005 to the date this

section comes into force.

(2) The amounts and fees referred to in subsection (1) of this

section are conclusively deemed to have been validly charged.

(3) This

SECTION 54: [Validation of B.C. Reg. 267/2014] validates the amendment to the Emission

Inspection Exemption Regulation which exempts all of British Columbia from

the AirCare program.

Validation of B.C. Reg. 267/2014

(1) B.C. Reg. 267/2014 is confirmed and validated and is deemed to have come into force on January 1, 2015.

(2) This

Consequential and Related Amendments

Insurance Corporation Act

SECTION 55: [Insurance Corporation Act,

section 7] adds a reference to monetary penalties

imposed under

section 215.44 of the Motor Vehicle Act to enable the Insurance

Corporation of British Columbia to receive, hold, manage and collect those

penalties on behalf of the government.

Section 7 (h) (ii) of the Insurance Corporation Act, R.S.B.C. 1996, c. 228, is repealed and the following substituted:

(ii) revenue from a monetary penalty imposed under

section 215.44 of the Motor Vehicle Act and revenue from licence, permit and other fees under the Motor Vehicle Act , the Commercial Transport Act , the Off-Road Vehicle Act or another enactment respecting motor vehicles or vehicles, .

Insurance (Vehicle) Act

SECTION 56: [Insurance (Vehicle) Act,

section 93.1] adds to the definition of "vehicle

indebtedness" monetary penalties imposed under

section 215.44 of the Motor

Vehicle Act to enable the Insurance Corporation of British Columbia to

enforce those penalties on behalf of the government.

Section 93.1 (1) of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, is amended in the definition of "vehicle indebtedness" by adding the following paragraph:

(d.1) a monetary penalty imposed under

section 215.44 of the Motor Vehicle Act that has not been paid, .

Motor Vehicle Amendment Act, 2010

SECTION 57: [Motor Vehicle Amendment Act, 2010,

section 18] is consequential to the

amendment made by this Bill to

section 215.3 of the Motor Vehicle Act .

Section 18 of the Motor Vehicle Amendment Act, 2010, S.B.C. 2010, c. 14, is amended by striking out "Section 215.3 (a)" and substituting "Section 215.3 (2) (a)".

SECTION 58: [Motor Vehicle Amendment Act, 2010,

section 23] ensures consistency with

amendments made by this Bill to

section 233 of the Motor Vehicle Act .

Section 23, as it amends

section 233 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended

(

a) in paragraph (

b) by striking out " and the person pays the prescribed fees for the ignition interlock program, ", and

(

b) by repealing paragraph (e).

South Coast British Columbia Transportation Authority Act

SECTION 59: [South Coast British Columbia Transportation Authority Act,

section 4]

repeals the provision that authorizes the South Coast British Columbia Transportation

Authority to develop and implement the AirCare program in the

Greater Vancouver Regional District.

Section 4 (1) (

c) of the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30, is repealed.

Commencement

60 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent