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Licence Disclaimer |
| This archived statute consolidation is current to November 10, 1992 and includes changes enacted and in force by that date. |
1. In this Act
"all terrain vehicle" means a vehicle propelled by motorized power and capable of travel on or off a highway as defined in the Highway Act, and that is designated as an all terrain vehicle by regulation;
"dealer" means a person engaged in the business of selling, offering for sale, dealing in or renting out all terrain vehicles;
"director" means the Director of the Fish and Wildlife Branch of the Ministry of Environment, or any person authorized in writing by him;
"enforcement officer" means a conservation officer, peace officer, park officer, forest officer or other person designated by regulation;
"minister" means the Minister of Lands, Parks and Housing;
"operator" means a person who uses or operates or is in actual physical control of an all terrain vehicle, and "operate" has a similar meaning;
"owner" means a person, other than a lien holder, having property in or title to an all terrain vehicle;
"registration" means registration of an all terrain vehicle under this Act, and the issue, by the superintendent, of a certificate of registration and identification provided in the regulations, and "register" has a similar meaning;
"regulations" means the regulations made under this Act;
"superintendent" means the Superintendent of Motor Vehicles.
Historical Note(s): 1971-3-1; 1977-75-1; 1978-23-167; B.C. Reg. 92/79; [amended 1981-22-1, to be proclaimed, amendment not included].
2. (1) Except as otherwise provided in this Act, no person shall operate or authorize or permit another person to operate, an all terrain vehicle unless he holds a certificate of registration for that all terrain vehicle in the form prescribed by the regulations and unless there is displayed on the machine the identification prescribed by the regulations.
(2) No person under the age of 16 years shall be entitled to register an all terrain vehicle and no person under the age of 18 years shall be entitled to register an all terrain vehicle unless he deposits with the superintendent the written consent of his parent or guardian to the registration of the all terrain vehicle.
(4) Within 14 days following a transfer of ownership or destruction or abandonment of an all terrain vehicle, the owner shall deliver to the superintendent written notice of the transfer of ownership, destruction or abandonment in a form prescribed by him, together with the certificate of registration.
(5) This section does not apply to the operation of an all terrain vehicle by a person
(a) where the all terrain vehicle of that person is registered in and displays the identification of another province or state and is not in the Province more than 30 days;
(b) where the director issues a special permit to the owner of an all terrain vehicle, whose province of residence does not require registration, to operate in the Province for a period of time not exceeding 30 days; or
(c) who is a dealer, who holds a dealer's registration certificate prescribed by the regulations and who displays on the all terrain vehicle the identification prescribed by the regulations.
Historical Note(s): 1971-3-2 [subsection (3) to be proclaimed]; [amended 1981-22-2,3, to be proclaimed, amendment not included].
3. (1) No dealer shall engage in the business of renting out all terrain vehicles for use by others unless he holds a rental dealer's certificate in the form prescribed by the regulations and unless there is displayed on each all terrain vehicle the identification prescribed by the regulations.
(2) The superintendent shall require, as a condition of registration, that each all terrain vehicle to be rented out to the public by a dealer be insured by a public liability policy in the amount, in the form and containing the terms prescribed by the regulations.
Historical Note(s): 1971-3-3; [repealed 1981-22-4, to be proclaimed].
4. (1) No person shall operate an all terrain vehicle
(a) in a careless, reckless or negligent manner so as to endanger or cause injury or damage to a person or property of another;
(b) in a tree nursery or planting, in a manner that may damage or destroy growing stock;
(c) on the tracks of an operating railroad;
(d) on private property without the consent of the owner, lessee or occupant of it;
(e) in such a manner as to drive, harass, chase, run over, injure or kill wildlife or a domestic animal; or
(f) in areas, seasons or periods of time prohibited by the regulations.
(2) Every operator shall, on request of the owner or occupant of property on which he is found, stop and identify himself and produce for inspection his certificate of registration, and shall promptly, on request, leave that property.
(3) No person, unless he holds a valid and subsisting driver's licence issued under the Motor Vehicle Act, shall operate an all terrain vehicle on or across a highway as defined in the Highway Act or on any portion of the right of way of a highway
(a) except as authorized by a permit prescribed by the regulations; or
(b) except as authorized by bylaw of a municipality,
and unless he complies in all respects with those provisions of the Motor Vehicle Act that are made applicable by regulation, and the instructions and directions of an enforcement officer.
(4) The council of a municipality may pass bylaws, not inconsistent with this Act or the regulations, regulating, governing or prohibiting the operation of all terrain vehicles in the municipality or on highways that are solely under the jurisdiction of the municipality.
(5) This section is subject to restrictions and prohibitions prescribed by the Park Act, the Forest Act or the Land Act or in any regulations made under those Acts.
Historical Note(s): 1971-3-4; 1977-75-13; 1978-23-166.
5. (1) No person shall operate an all terrain vehicle unless the all terrain vehicle is equipped as prescribed by the regulations.
(2) Subsection (1) does not apply to organized races or similar competitive events held on private property with the permission of the owner, lessee or custodian of the property or on Crown property with the permission of the director.
Historical Note(s): 1971-3-5; [amended 1981-22-5, to be proclaimed, amendment not included].
6. (1) The operator of an all terrain vehicle involved in an accident resulting in injuries to or death of a person, or damage to property apparently exceeding $200, shall, within 48 hours after the accident, report the matter in writing in the form prescribed by the regulations to a peace officer at or near the place of the accident or at the nearest police station, who shall mail or deliver the original report to the superintendent within 7 days.
(2) Where the operator is, as a result of the accident, physically incapable of making the report required by subsection (1), then another participant in the accident shall make the report, and, if there is no other participant and the operator is not the owner, the owner shall, within the period of time prescribed in subsection (1), after learning the facts of the accident, make the report.
(3) Where an accident occurs arising out of the operation of an all terrain vehicle involving loss of life, personal injury or damage to property, the operator shall stop and give his name and address, the name and address of the owner of the all terrain vehicle and the registration number assigned to the all terrain vehicle to the injured person or to the person sustaining the damage or to an enforcement officer.
(4) The owner of an all terrain vehicle is responsible and liable for a violation of this Act or the regulations.
(5) The owner of an all terrain vehicle is liable for death or injury to a person or damage to property resulting from negligence of any person who, with his permission, express or implied, operates the all terrain vehicle, but he is not, by reason of this subsection, liable for the death or injury to or damage to the property of the operator of that all terrain vehicle caused by the operator's negligence.
(6) Where an operator is living with and as a member of the family of the owner, or is employed by the owner, the owner shall be conclusively deemed to have permitted the operator to operate the all terrain vehicle.
(7) Where loss or damage is sustained by a person by reason of the use or operation of an all terrain vehicle, the onus of proof that the loss or damage did not arise entirely or solely through the negligence or improper conduct of the operator is on the owner or operator.
(8) Subsection (7) does not apply in the case of a collision between all terrain vehicles or between an all terrain vehicle and a motor vehicle as defined in the Motor Vehicle Act.
Historical Note(s): 1971-3-6.
7. The Lieutenant Governor in Council may make regulations including regulations
(a) designating any type of vehicle propelled by motorized power as an all terrain vehicle and prescribing a name for that vehicle;
(b) respecting the operation or prohibition of the operation of all terrain vehicles;
(c) prescribing the method and manner of identification of registered all terrain vehicles;
(d) prescribing rules for driving an all terrain vehicle on a highway, across a highway or a place other than a highway;
(e) requiring the use or incorporation of any equipment or device in or on an all terrain vehicle and prescribing the specifications for it;
(f) respecting the registration of all terrain vehicles, including the form and issue of certificates, the renewal, replacement or transfer of them, the payment of fees for them and prescribing the amount of the fees;
(g) establishing a public information and safety education and training program, including the form and issue of juvenile safety certificates under section 4 for operation of all terrain vehicles;
(h) respecting the operation of and the issue of permits for certain all terrain vehicles in prohibited areas, seasons or periods of time, and for the conduct of special sporting or competitive events, and operation on a highway;
(i) prescribing the form, amount and terms of insurance coverage for designated classes of all terrain vehicles rented out by dealers;
(j) designating certain persons as enforcement officers;
(k) respecting the form and manner of reporting accidents under section 6;
(l) respecting the form and location of all terrain vehicle control signs;
(m) respecting other matters necessary or required to carry out the purpose of this Act;
(n) exempting certain all terrain vehicles used in specified areas or for specified purposes from specified provisions of this Act, other than sections 4, 5 and 6; and
(o) defining, for the purpose of the regulations, a word or expression used in this Act and not defined in it;
(p) [Not in force.]
(q) requiring the use of safety equipment by operators and passengers, defining types of safety equipment, and prescribing the standards required for safety equipment sold, offered or exposed for sale or delivered to a purchaser.
Historical Note(s): 1971-3-7; 1981-22-6(f)(part), effective July 13, 1992 (B.C. Reg. 244/92); [amended 1981-22-6(a) to (e), (f) (remainder) and (g), not in force, amendments not included]; [amended 1982-38-19, not in force, amendment not included].
8. (1) Every person who contravenes this Act or the regulations commits an offence and every day the contravention continues constitutes a separate offence.
(2) A person who commits an offence against this Act or the regulations is liable on conviction to a fine of not more than $500.
(3) Where a person is convicted of an offence against this Act or the regulations, the justice may, in addition to imposing a fine under subsection (2), order
(a) that the person pay to the Crown in right of the Province or to any other person who suffers damage to property by reason of the commission of the offence, a sum that, in his opinion, is reasonably required to compensate the Crown or other person for that damage; and
(b) that the person promptly cease and desist from the acts or omissions constituting the offence, or be subject to imprisonment until he complies with the order.
(4) Where a corporation commits an offence against this Act or the regulations, a director or officer of the corporation who knew or ought to have known of the commission of the offence by the corporation likewise commits the offence and is liable to the penalties provided in this section, but the liability of the corporation is not affected thereby.
(5) Where a person is convicted for an offence against this Act or the regulations, the justice may make an order prohibiting that person from operating an all terrain vehicle or a class of all terrain vehicle for the length of time he considers advisable.
(6) Where a justice has prohibited a person from operating all terrain vehicles, that person commits an offence if he subsequently operates an all terrain vehicle in contravention of a term of the order.
(7) The justice shall forward a copy of a conviction or of an order made under subsection (5) to the superintendent within 15 days of the date of the conviction or order.
Historical Note(s): 1971-3-8.
9. (1) On conviction of
(a) a registered owner of an all terrain vehicle; or
(b) an operator who was, with the knowledge and consent of the registered owner, operating the all terrain vehicle with which the offence for which he was convicted was committed
for an offence under this Act or for any other reasonable cause, the superintendent may, subject to the right of appeal of a registered owner in accordance with the provisions of the Motor Vehicle Act respecting appeals from suspension by the superintendent, suspend the certificate of registration and the identification number for that all terrain vehicle for a period not exceeding 3 months.
(2) Section 87 of the Motor Vehicle Act applies with the necessary changes and so far as is applicable to proceedings under this section.
(3) On conviction of a registered owner or operator of an all terrain vehicle under section 203, 204, 233, 234, 235, 236, 237 (3) or 239 of the Criminal Code (Canada) committed by the registered owner or operator while operating an all terrain vehicle, the certificate of registration and identification number are suspended for a period of 6 months.
Historical Note(s): 1971-3-9; [amended 1981-22-10, to be proclaimed, amendment not included]; 1982-36-40, proclaimed effective September 1, 1982.
10. (1) The superintendent, under the direction of the minister, shall be responsible for the establishment of a system of registration and identification of all terrain vehicles, including the collection and accounting of fees and the issue of permits for the purposes designated by the regulations.
(2) The director, under the direction of the minister, shall institute a program of public information and safety education, including a training program of juvenile operators.
(3) All fines and fees collected under this Act shall be paid to the Minister of Finance and shall form part of the consolidated revenue fund.
(4) Where an all terrain vehicle is being operated contrary to this Act or the regulations, an enforcement officer may order the all terrain vehicle to stop and a person who continues to operate the all terrain vehicle after being ordered to stop by an enforcement officer commits an offence.
Historical Note(s): 1971-3-10; [amended 1981-22-12, to be proclaimed, amendment not included].
11. Section 2 (3) comes into force by regulation of the Lieutenant Governor in Council.
Historical Note(s): 1971-3-11; [repealed 1981-22-13, to be proclaimed]; 1983-10-25, effective October 26, 1983 (B.C. Reg. 393/83).
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada