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| This archived statute consolidation is current to November 10, 1992 and includes changes enacted and in force by that date. |
1. In this Act
"axle" means an axle as defined in the regulations;
"axle unit" means an axle unit as defined in the regulations;
"combination of vehicles" means every combination of truck, truck tractor, semi-trailer and trailer;
"commercial vehicle" includes
(a) a motor vehicle having permanently attached to it a truck or delivery body;
(b) an ambulance, casket wagon, fire apparatus, hearse, motor bus, tow car, road building machine, taxi and a tractor;
(c) [Repealed 1985-76-62, effective December 31, 1985 (B.C. Reg. 413/85).]
(d) a combination of vehicles; and
(e) other vehicles as specified by regulation of the Lieutenant Governor in Council;
"gross vehicle weight" means the number of kilograms derived by adding the weights on all the axles of a commercial vehicle;
"group of axles" means a group of axles as defined in the regulations;
"inspector" means a person designated under the Motor Vehicle Act as a commercial transport inspector;
"licensed gross vehicle weight" means the gross vehicle weight for which a commercial vehicle is licensed;
"minister" includes any person designated in writing by the minister;
"motor vehicle" means a vehicle designed to be self propelled, except a vehicle operating wholly on fixed rails or tracks and except an electric trolley bus;
"motor vehicle liability policy" means a certificate of insurance issued by the Insurance Corporation of British Columbia in the form, and providing insurance against perils and for such amounts, as is prescribed by the Insurance (Motor Vehicle) Act and the regulations under that Act;
"overload" means
(a) the number of kilograms derived by subtracting from the gross vehicle weight of a commercial vehicle the licensed gross vehicle weight; or
(b) the number of kilograms derived by subtracting from the weight on any one axle or combination of axles of a commercial vehicle the weight authorized by regulation to be carried on the axle or combination of axles,
whichever is the greater;
"oversize" means the amount derived by subtracting from the outside width, height or over all length of a commercial vehicle with its load, if any, the permissible outside width, height or over all length prescribed under this Act and the regulations made under it;
"road building machine" means a vehicle
(a) that is designed and used primarily for grading of highways, paving of highways, earth moving and other construction work on highways;
(b) that is not designed or used primarily for the transportation otherwise of persons or property; and
(c) that is only incidentally operated or moved over a highway, and includes a vehicle designated as a road building machine by order of the Lieutenant Governor in Council, but does not include
(i) a vehicle originally designed for the transportation of persons or property to which machinery has been attached; or
(ii) dump trucks originally designed to comply with the size and weight provisions of the regulations under this Act;
"semi-trailer" includes a vehicle without motive power designed to be drawn by a motor vehicle or truck tractor and so constructed that an appreciable part of its weight and that of its load rests on and is carried by the motor vehicle or truck tractor, and includes a pole trailer but does not include a vehicle having a gross vehicle weight of less than 700 kg which is licensed pursuant to the Motor Vehicle Act;
"superintendent" means the Superintendent of Motor Vehicles;
"tow car" means a motor vehicle used exclusively for towing or rendering assistance to other motor vehicles, or to vehicles suffering from a defect or disability in their means of locomotion;
"trailer" includes a vehicle without motive power designed to be drawn by or used in conjunction with a motor vehicle and constructed so that no appreciable part of its weight rests on or is carried by the motor vehicle, but does not include a house trailer or a trailer having a gross vehicle weight of less than 700 kg which is licensed under the Motor Vehicle Act;
"truck tractor" means a motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle drawn and of the load of the other vehicle.
Historical Note(s): RS1960-101-2,14(1); 1966-12-2; 1967-17-2; 1968-15-2; 1973-107-2; 1973-6-71; 1977-33-1; 1985-76-62, effective December 31, 1985 (B.C. Reg. 413/85); 1988-62-1; 1992-65-8.
2. (1) The minister is responsible for
(a) registering and licensing commercial vehicles; and
(b) accounting for the revenue from registering and licensing commercial vehicles.
(2) The minister is to supervise the superintendent in registering and licensing commercial vehicles and in accounting for the revenue from registering and licensing commercial vehicles.
Historical Note(s): RS1960-101-8.
3. Except as otherwise provided in this Act, the following sections of the Motor Vehicle Act are deemed to be incorporated in this Act as though they were set out here and made applicable to the provisions here: sections 2, 7 to 19, 20 (2.1), 24.2, 46, 47, 55 (1) and (1.1), 56 (2), 58, 60, 63 to 65, 67, 68, 71, 73 to 76, 79 to 81, 83, 86, 211.1, 211.2, 212, 215, 215.1, 215.2 and 216 to 220; and for this purpose the words "commercial vehicle" shall be substituted for the words "motor vehicle" or "motor vehicle or trailer" or "motor vehicle and trailer" or "vehicle" wherever they occur.
Historical Note(s): RS1960-101-9; 1967-17-3; 1980-36-11, proclaimed effective February 1, 1981; 1982-36-36, proclaimed effective September 1, 1982; 1983-21-12; 1985-52-99, effective March 20, 1986 (B.C. Reg. 46/86); 1987-59-1.
4. The regulations under the Motor Vehicle Act that are applicable to commercial vehicles apply with the necessary changes.
Historical Note(s): RS1960-101-10.
5. (1) Except as otherwise provided in this Act, an owner of a commercial vehicle, trailer or semi-trailer before it is used or operated on any highway shall register the commercial vehicle, trailer or semi-trailer with the superintendent, obtain a licence for its operation under the provisions of this section and insure the commercial vehicle, trailer or semi-trailer under a motor vehicle liability policy, or give the superintendent proof of financial responsibility, as required under the Motor Vehicle Act and its regulations.
(2) The owner shall make application for
(a) registration and licence in the form required by the superintendent; and
(b) a motor vehicle liability policy in accordance with the Insurance (Motor Vehicle) Act and its regulations,
and the form shall be signed by the owner and delivered to the superintendent, or any government agent, or any person authorized in writing by the superintendent for the purposes of this section, and when delivered shall be accompanied by the payment of the prescribed fees, and the insurance premium prescribed under the Insurance (Motor Vehicle) Act, and the amount of tax owing in respect of the commercial vehicle, trailer or semi-trailer under the Social Service Tax Act.
(3) Subject to subsection (3.1), on receipt of the application in the form required by the superintendent, and on being satisfied of the truth of the facts stated in the application, and that the prescribed fees and insurance premiums and taxes have been paid, the superintendent shall register the name and address of the owner and the description of his commercial vehicle, trailer or semi-trailer in a file or index kept for that purpose, and shall issue to the owner
(a) a numbered licence in the form established by the superintendent, showing registration of the commercial vehicle, trailer or semi-trailer, and authorizing its use and operation in accordance with the provisions of this Act;
(b) as many distinctive number plates as may be necessary; and
(c) a certificate of insurance and motor vehicle liability insurance card.
(3.1) Where the owner of a commercial vehicle, trailer or semi-trailer is not an individual, no registration or licence shall be made or issued in respect of the commercial vehicle, trailer or semi-trailer unless the owner is
(a) a corporation incorporated under the laws of the Province,
(b) a corporation registered in the Province as an extraprovincial company under the Company Act, or
(c) an entity prescribed by or comprised in a class prescribed by the Lieutenant Governor in Council.
(4) Where a commercial vehicle, registered and licensed outside the Province, is required to operate within the Province, the superintendent or any person authorized by him may, on
(a) receipt of an application in the form required by the superintendent;
(b) payment of a fee equal to 1/12 of the annual licence fee prescribed under this Act for a commercial vehicle of similar gross vehicle weight; and
(c) giving to the superintendent proof of financial responsibility in the manner prescribed under section 97 of the Motor Vehicle Act, issue to the applicant a permit, valid for the period stated in the permit, which shall not exceed a period of 30 consecutive days, and a windshield sticker, in a design approved by the superintendent, and then the commercial vehicle for which the permit and sticker are issued is authorized to make one journey into or through the Province for the purpose stated in the permit, but not more than 2 permits shall be issued under this subsection for a commercial vehicle in a licence year.
(5) The Lieutenant Governor in Council may prescribe fees for registration and licences under this Act.
(6) This Act does not apply to
(a) a road building machine while operated within the boundaries of a highway construction project; or
(b) a road building machine operated by or on behalf of the Ministry of Transportation and Highways or, within its jurisdiction, by or on behalf of a municipality, while engaged in the maintenance or repair of a highway or in snow ploughing on a highway.
(7) The licensed gross vehicle weight of
(a) a tow car, grader, loader, shovel, roller, mixer, crane, a tractor other than a truck tractor or other self propelled construction machinery is the weight of the vehicle fully equipped;
(b) a passenger commercial vehicle is the combined weight of the vehicle and the weight resulting from the multiplication of the number of seats in the vehicle by 80 kg;
(c) an ambulance or hearse is the unladen weight of the vehicle plus 250 kg; and
(d) every other commercial vehicle is the unladen weight of the vehicle plus one half of that weight or gross vehicle weight declared by the applicant for the licence, whichever is greater, but not more than the maximum gross vehicle weight permitted under this Act and the regulations under this or any other Act,
and commercial vehicles shall be licensed accordingly.
(8) The superintendent may refuse to issue a licence for the operation of a commercial vehicle, trailer or semi-trailer if any fee or part of a fee for a previous licence or permit is unpaid, or if any insurance premium under the Insurance (Motor Vehicle) Act is unpaid, or if any amount for the commercial vehicle, trailer or semi-trailer under the Social Service Tax Act is not paid to him.
(9) An owner of a commercial vehicle used to tow on a highway a trailer or semi-trailer that is not licensed in this Province may, using the form required by the superintendent, apply to the superintendent or any government agent or any person authorized by the superintendent to accept the application, and, on payment of the fee prescribed, the superintendent shall issue to the applicant a numbered trailer floater licence in the form established by the superintendent, together with as many distinctive number trailer floater plates as may be necessary.
(10) Notwithstanding subsection (1), a trailer or semi-trailer may be operated on a highway if a numbered trailer floater plate issued under subsection (9) is displayed in accordance with the regulations.
Historical Note(s): RS1960-101-11; 1966-12-3; 1967-17-4; 1968-15-3; 1973-6-72 to 76; 1973-107-4; 1976-32-6; 1977-33-2; 1977-75-23; B.C. Regs. 91/79; 537/79; 1980-36-12, proclaimed effective February 1, 1981; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83); 1987-43-4.
6. No commercial vehicle subject to the provisions of the Motor Fuel Tax Act shall be registered, licensed or have a permit issued for it under this Act unless the owner is in possession of and presents evidence he holds a valid motive fuel user permit and an emblem has been issued for the commercial motor vehicle under the Motor Fuel Tax Act.
Historical Note(s): RS1960-101-12; 1985-76-63, effective December 31, 1985 (B.C. Reg. 413/85).
9. The minister, or a person appointed by him, may, in accordance with the regulations and on application accompanied by the prescribed fee, issue
(a) an overload permit for the operation along a highway of a commercial vehicle;
(b) a crossing permit for the operation across a highway only of a commercial vehicle or commercial vehicles;
(c) an oversize permit for the operation along a highway of a commercial vehicle.
Historical Note(s): RS1966-101-17; 1966-12-7; 1973-84-5.
11. Where a permit is issued to a vehicle owned or leased and operated by Her Majesty the Queen in right of Canada or any province or territory, the Government of the United States of America, the government of any state or county in the United States of America, or by a municipality, no fees shall be charged.
Historical Note(s): RS1960-101-20; 1966-12-9.
13. (1) The Lieutenant Governor in Council may make or authorize to be made agreements between the Province and any other government to apportion Provincial registration and licence fees on commercial vehicles in respect of fleets of commercial vehicles engaged in interprovincial or international movements on the basis of distance travelled by the fleets within each licensing jurisdiction party to the agreement or agreements.
(2) The Lieutenant Governor in Council may make or authorize to be made a reciprocal arrangement or agreement with any government granting exemption to owners or persons ordinarily resident within the jurisdiction of that government and entitled to the possession of or right to operate commercial vehicles which are properly registered and licensed in that jurisdiction, and on which evidence of registration and licensing is conspicuously displayed, from the payment, wholly or partially, of commercial vehicle registration and licence fees in the Province, if similar exemptions, benefits and privileges are granted by that government to the owners or persons resident in the Province and entitled to the possession or right to operate commercial vehicles which are properly registered and licensed in the Province.
(3) Prorationing or reciprocal agreements or arrangements entered into under subsections (1) and (2) may contain provisions denying the exemptions, benefits and privileges granted to any person who violates stated conditions or who violates rules and regulations for the administration of prorationing or reciprocal agreements or arrangements.
(4) No prorationing or reciprocal agreement or arrangement shall be made or entered into under the authority of this section which provides for any exemption, benefit or privilege with respect to fuel taxes or any other fees or taxes levied or assessed against the use of highways or use or ownership of vehicles, except registration and licence fees.
(5) The superintendent or any person authorized by him may, with respect to a registered owner of a commercial vehicle referred to in this section,
(a) require the production from any person of records and information required to determine that the registered owner has complied in every respect with the terms of an agreement or arrangement; and
(b) during ordinary business hours enter any premises of the registered owner and examine records of the registered owner that may pertain to the commercial vehicle.
(6) Where it appears from an examination of the records or information obtained under subsection (5) or from any other source that the terms of an agreement or arrangement have not been complied with by the registered owner the superintendent may
(a) cancel the licence held by the registered owner; or
(b) require the registered owner to pay to the Crown or any other jurisdiction the full fee found to be due and owing and may suspend or cancel the licence of the registered owner if the full fee is not paid by the time set by the superintendent.
(7) Where the superintendent cancels or suspends a licence under subsection (6) the registered owner shall immediately deliver the cancelled licences and corresponding number plates to the superintendent.
Historical Note(s): RS1960-101-23; 1976-32-6; 1977-33-5.
14. (1) Without limiting the generality of this Act, the Lieutenant Governor in Council may make regulations
(a) providing permissible gross vehicle weights and axle loading; the weight on any tire, axle or wheel; the number of axles or wheels; the method of determining wheelbase; the weight on groups of axles and the weight according to wheelbase, for commercial vehicles as recommended by the Minister of Transportation and Highways;
(b) providing for the carrying of licences on commercial vehicles;
(c) prohibiting the operation of any commercial vehicle which, in the opinion of any officer or constable of the Provincial police, or of the police force of any municipality, or the inspectors appointed under this Act, is by reason of any mechanical, structural or other defect unsafe for use on the highways;
(d) providing for the granting of permits for the temporary operation on the highways of commercial vehicles for the purpose only of their transportation from one place in the Province to another without being registered or licensed pursuant to this Act;
(e) prescribing fees for anything done or permitted to be done under the regulations;
(f) prescribing the method of determining any fact necessary to be determined for the purpose of computing the amount of any fee payable under this Act or the regulations and the person or official by whom the fact shall be determined;
(g) prescribing that some other means of identification of commercial vehicles, trailers, and semi-trailers be used in lieu of or in conjunction with number plates;
(h) providing for and compelling the weighing of commercial vehicles and the furnishing of satisfactory evidence of their weight, and providing for the removal from any vehicle of a load or any portion of a load where it is found that the weight is in excess of that prescribed in the regulations and for redistribution of the load;
(i) prescribing the records to be kept for the purposes of this Act or the regulations;
(j) with respect to the issuance and conditions of overload and oversize permits;
(k) defining any expression used in this Act and not herein defined;
(l) regarding prorationing and reciprocity of registration and licence fees;
(m) [Repealed 1992-65-10.]
(n) prescribing or providing for the prescription by the minister, with the concurrence of the Minister of Transportation and Highways, of the permissible width, length, height, projections and overhangs of and from loads and vehicles;
(o) providing for the issuance of permits for the operation of commercial vehicles on specified highways for specified terms and prescribing the conditions;
(p) providing for the issuance, amendment and cancellation of permits for the operation on a highway of a commercial vehicle, trailer or semi-trailer that does not comply with a provision of this Act or the regulations;
(q) for the prescribing of standards for signs, equipment and types of vehicles with respect to pilot cars and escort cars used in conjunction with oversize and overloaded commercial vehicles;
(r) prescribing the minimum fines and penalties that may be imposed under section 15 (2), and the method of computing penalties;
(s) prescribing the number of drive axles required on a commercial vehicle;
(t) prescribing the weight to power ratio for commercial vehicles;
(u) authorizing the minister, with the concurrence of the Minister of Transportation and Highways, when it is in the public interest, to enter into agreements exempting, in whole or in part, commercial vehicles from the provisions of this Act or the regulations, or from the fees prescribed for designated highways or under certain prescribed terms and conditions; and
(v) respecting payment of fees and prescribing fees for registration, licences, number plates, decals, permits, approvals, certificates and other documents and things required or authorized under this Act.
(2) A regulation made under subsection (1) may
(a) classify vehicles according to their use, ownership, nature, type, character, size, weight, equipment, accessories or otherwise,
(b) provide differently for different cases or classes of cases, different vehicles, persons or organizations or different classes of vehicles, persons or organizations, and
(c) exempt from its application, in whole or in part, vehicles, persons or organizations, or classes of vehicles, persons or organizations.
(3) [Repealed 1992-65-10.]
Historical Note(s): RS1960-101-24; 1967-17-5; 1968-15-5; 1971-14-2; 1977-75-6; 1977-33-6; B.C. Reg. 91/79; B.C. Reg. 537/79; 1980-36-14, proclaimed effective February 1, 1981; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83); 1985-76-63, effective December 31, 1985 (B.C. Reg. 413/85); 1988-62-3 to 5; 1992-65-10.
15. (1) No person shall, without a permit issued or authorization given under this Act, operate on a highway a commercial vehicle if
(a) the gross vehicle weight of the commercial vehicle exceeds its licensed gross vehicle weight,
(b) the weight on an axle, group of axles or axle unit exceeds the weight permitted by the regulations,
(3) the dimensions of the commercial vehicle do not conform to the regulations
(i) with load included, and
(ii) without load, or
(d) the distances between axles, group of axles or axle units do not conform with the regulations.
(2) A person who contravenes this section commits an offence, and is liable, on conviction
(a) for a contravention of subsection (1) (c) or (d), to a fine of not more than $500; and
(b) for a contravention of subsection (1) (a) or (b), to a fine of not less than the amount prescribed by the regulations but not exceeding $500 and, in addition, to a penalty of not less than the amount prescribed by the regulations but not exceeding $6 for every 45 kg of overload,
and every contravention constitutes a separate offence.
(2.1) A person who operates a commercial vehicle on a highway in contravention of the conditions of a permit issued or authorization given under this Act in respect of the vehicle commits an offence.
(3) A person contravening any other provision of this Act or the regulations is liable, on conviction, to a fine of not more than $500.
(4) No person shall be acquitted of an offence under subsection (1) (a) or (b) on the defence of due diligence in respect of the loading of a commercial vehicle unless that person establishes that on completion of the loading of the commercial vehicle it was weighed on a properly functioning scale and was not overloaded.
Historical Note(s): RS1960-101-15,21,25; 1966-12-5,11; 1968-15-4; 1971-14-1; 1977-33-4; 1988-62-6 to 9.
16. Every officer or constable of the Provincial police or police force of any municipality may arrest without warrant a person driving a commercial vehicle which does not display a number plate issued by the superintendent under this Act and who commits an act in violation of this Act, and may detain a person arrested until he can be brought before a justice to be dealt with according to law.
Historical Note(s): RS1960-101-27.
17. A tax or fine levied under this Act shall be paid to the consolidated revenue fund.
Historical Note(s): RS1960-101-26,28.
[Repealed 1980-36-15, proclaimed effective February 1, 1981.]
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