Application

35.01   (1) This Division does not apply to

(a) a commercial vehicle engaged in highway construction, other than a paving project operating within the limits of a highway construction project, as established or as posted by the Ministry of Transportation and Infrastructure, or

(b) an implement of husbandry as defined in the Act.

(2) Nothing in this Division prohibits the dropping from a vehicle of

(a) sand to secure traction, or

(b) water or another substance to clean or maintain a roadway.

[en. B.C. Reg. 113/2005, Sch. 1.]

Standard adopted

35.02   (1) In this Division, "Standard" means National Safety Code Standard 10, "Cargo Securement", recommended by the Canadian Council of Motor Transport Administrators on September 8, 2004 and approved by the Council of Ministers on September 23, 2004, as amended from time to time.

(2) For the purpose of promoting and securing road safety, but subject to the Act and this regulation, the Standard is

(a) adopted under section 212 (4) (a) of the Act, and

(b) deemed to be a regulation made under section 212 (3) of the Act.

(3) Despite section 2 (1) of the Standard, the Standard only applies to a vehicle

(a) transporting cargo on a highway, and

(b) exceeding a licensed gross vehicle weight of 5 000 kg.

[en. B.C. Reg. 113/2005, Sch. 1; am. B.C. Reg. 160/2011.]

Prohibitions respecting equipment and cargo

35.03   (1) In this section:

"business vehicle" has the same meaning as in section 237 of the Act;

"carrier" has the same meaning, in relation to both business vehicles and commercial vehicles, as in section 37.01 of this regulation.

(2) A carrier must not permit a person to drive or operate on a highway a commercial vehicle or business vehicle carrying cargo if the manner in which the vehicle is equipped or its cargo secured contravenes any of sections 35.04 to 35.07.

(3) A person must not drive or operate on a highway a commercial vehicle or business vehicle carrying cargo if the manner in which the vehicle is equipped or its cargo secured contravenes any of sections 35.04 to 35.07.

(4) A person must not drive or operate on a highway a vehicle, other than a commercial vehicle or business vehicle, carrying cargo if the manner in which the vehicle is equipped or its cargo secured contravenes any of sections 35.04 to 35.07.

[en. B.C. Reg. 113/2005, Sch. 1; am. B.C. Reg. 166/2019, s. 1.]

Cargo securement

35.04   Vehicles must be equipped and cargo must be contained, immobilized or secured in accordance with the applicable requirements of this Division and the Standard and so that it cannot

(a) leak, spill, blow off, fall from, fall through or otherwise be dislodged from the vehicle, or

(b) shift on or within the vehicle in a manner that affects the stability or manoeuvrability of the vehicle.

[en. B.C. Reg. 113/2005, Sch. 1.]

Transporting logs or poles

35.05   (1) In this section:

"bunk lash" means the amount of free play caused by the vertical gap between the slipper supports and the bunk rub shoes, measured when the log bunk is perpendicular to the longitudinal axis of the pole trailer and the trailer is fully loaded;

"spring lash" means the amount of free play in leaf type suspensions caused by the vertical gap between the main spring leaf and the rebound constraints or slippers.

(2) A person must not drive or operate on a highway a logging truck, a truck or a truck tractor and trailer combination with a flat load deck while the vehicle is transporting a load of logs or poles or both that are longer than 2.6 m placed in the longitudinal axis with the vehicle or vehicle combination unless the vehicle is

(a) equipped with the same bunk and stake assembly, unmodified, that it was equipped with at the time it was sold as a new vehicle and bears the National Safety Mark under the Motor Vehicle Safety Act (Canada) and the regulations made under it, or

(b) not equipped and marked as described in paragraph (a) but is equipped with bunks and stake assemblies that meet the requirements of subsection (3) and are of adequate design and construction to contain the load.

(3) For the purpose of subsection (2) (b),

(a) stake extensions must be securely attached to the stakes,

(b) stakes, together with their stake extensions, must form an angle of 90° or less with the bunk cross member,

(c) stakes must be secured to the bunk cross member or to the trailer's side flanges or rub rails

(i) by a method approved by a professional engineer,

(ii) by a pin and closed loop stake lines consisting of wire rope at least 22 mm in diameter, or

(iii) with properly welded gussets of adequate strength,

(d) bunk lash must not exceed 5 mm when the pole trailer is fully loaded, and

(e) log bunks carrying logs or poles must be securely attached to the structurally adequate integral part of the frame of the truck or trailer by nuts and bolts, retaining pins, chains or by welding.

(4) If the logging truck includes a tridem pole trailer,

(a) the trailer bunk centreline must be located at a point forward of the longitudinal centre of the tridem axle group, and

(b) the trailer, if equipped with spring suspension, must not have any spring lash in excess of 5 mm when in a loaded state.

(5) Pole trailers manufactured after January 1, 1993 and equipped with adjustable reaches must have welds, bolts, stops or some other positive means other than a friction clamp to prevent separation between any reach sections.

[en. B.C. Reg. 113/2005, Sch. 1; am. B.C. Reg. 103/2006, s. 6.]

Covering of aggregate loads

35.06   A person must not drive or operate a vehicle on a highway while the vehicle is carrying aggregate material if any of the material is likely, if not covered, to bounce, blow or drop from the vehicle in transit, unless

(a) the material is covered in a way that prevents any of it from blowing, bouncing or dropping from the vehicle, and

(b) the cover is securely and tightly fastened so that it is not, and cannot become, a hazard.

[en. B.C. Reg. 113/2005, Sch. 1.]

Front end structures

35.07   In addition to the requirements of Division 5 of Part 1 of the Standard, a person must not drive or operate on a highway a vehicle transporting cargo that is in contact with the front end structure of the vehicle unless the front end structure has been affixed in accordance with the manufacturer's recommendations and is

(a) permanently marked with the name and address of its manufacturer, the model number or serial number of the front end structure and its rated capacity in terms of the cargo weight that may be transported in compliance with the Standard, or

(b) identified by carrying in the vehicle a copy of a letter that has been signed by the manufacturer or a professional engineer certifying the model number or serial number of the front end structure and its rated capacity in terms of the cargo weight that may be transported in compliance with the Standard.

[en. B.C. Reg. 113/2005, Sch. 1.]

Operating vehicles with insecure cargo prohibited

35.08   (1) If a peace officer has reasonable and probable grounds to believe that a vehicle carrying cargo is unsafe for use on a highway because of the method of cargo securement, the peace officer may order the driver of the vehicle to stop the vehicle and secure the cargo before proceeding.

(2) A person must comply with an order given under subsection (1).

[en. B.C. Reg. 113/2005, Sch. 1.]

Carrying luggage in bus passenger compartments

35.09   (1) A person must not drive or operate on a highway a bus or school bus that is transporting passengers and carrying luggage or other equipment in the passenger compartment unless the luggage and other equipment

(a) do not block or intrude on any aisle or exit,

(b) are carried in overhead racks which

(i) are designed and adequately constructed for the purpose of carrying luggage and equipment,

(ii) are equipped with

(A) elastic rope or cord,

(B) doors which secure in the closed position by a positive latching mechanism, or

(C) a rigid vertical edge or side of a height equal to 1/2 of the remaining opening,

(iii) extend from the side of the bus to no further than the centreline of the aisle row of forward facing seats, and

(iv) are free of any projections,

(c) are stowed under a seat against a barrier that is constructed and placed so that it prevents the luggage and other equipment from sliding forward in the event of an emergency stop,

(d) are carried on a passenger's lap, or

(e) are carried in a luggage compartment enclosed on all sides.

(2) For the purpose of subsection (1) (b) (iii), the centreline of the aisle row of seats on a school bus is 20 cm outboard from the inboard edge of each bench seat.

(3) A person must not load a vehicle so as to

(a) obscure the driver's view ahead or to the right or left side,

(b) interfere with the free movement of the driver's arms or legs,

(c) obstruct access to emergency equipment, or

(d) interfere with the safe operation of the vehicle in any other manner.

[en. B.C. Reg. 113/2005, Sch. 1.]

Definitions

36.01   In this Division, the following definitions apply:

"booster seat" has the same meaning as "booster cushion" in the RSSR;

"child" means a person under age 9;

"designated seating position" means a seating position for which a seat belt assembly is provided or is required to be provided under the Act;

"MVSR" means the Motor Vehicle Safety Regulations, C.R.C., c. 1038, as amended from time to time;

"RSSR" means the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations, SOR/98-159, as amended from time to time.

[en. B.C. Reg. 218/2007; am. B.C. Reg. 11/2018, s. 4.]

Exemption from the Act

36.02   Section 220 (6) and (7) of the Act does not apply to the driver of a vehicle in respect of a passenger who is a child within the meaning of this Division.

[en. B.C. Reg. 218/2007.]

Obligation on driver

36.03   (1) A person must not drive or operate on a highway a motor vehicle in which there is a child unless the driver or operator does the following:

(a) causes the child, other than a child referred to in paragraph (b), to be securely fastened in a designated seating position in the vehicle, in compliance with this Division, using

(i) an infant restraint system that complies with all the requirements set out in the RSSR, Schedule 4, CMVSS 213.1,

(ii) a child restraint system that complies with all the requirements set out in

(A) the RSSR, Schedule 3, CMVSS 213, if the child restraint system is not built into the vehicle, or

(B) the MVSR, Schedule IV, Part III, Standard 213.4, if the child restraint system is built into the vehicle,

(iii) a booster seat that complies with all the requirements set out in

(A) the RSSR, Schedule 5, CMVSS 213.2, if the booster seat is not built into the vehicle, or

(B) the MVSR, Schedule IV, Part III, Standard 213.4, if the booster seat is built into the vehicle, or

(iv) a seat belt assembly;

(b) causes the child, if the child has special needs or mobility impairments, to be securely fastened in the vehicle, in compliance with this Division, using

(i) an infant restraint system for infants with special needs that complies with all the requirements set out in the RSSR, Schedule 7, CMVSS 213.5, or

(ii) a restraint system for disabled persons that complies with all the requirements set out in the RSSR, Schedule 6, CMVSS 213.3;

(c) ensures that the child

(i) remains securely fastened, and

(ii) if the child is in a designated seating position, is the only occupant of that designated seating position.

(2) A child referred to in subsection (1) must be securely fastened as follows:

(a) in a restraint system or booster seat referred to in subsection (1) (a) (i), (ii) (A) or (iii) (A) or (b) in accordance with the device manufacturer's instructions for that restraint system or booster seat;

(b) in a restraint system referred to in subsection (1) (a) (ii) (B) or (iii) (B) in accordance with the vehicle manufacturer's instructions;

(c) in a seat belt assembly, in accordance with the vehicle manufacturer's instructions,

(i) with the pelvic restraint placed firmly across the hips of the child, and

(ii) with the upper torso restraint, if there is one, placed over the shoulder and across the chest of the child and closely against the child's body.

(3) A restraint system referred to in subsection (1) (a) (i) or (ii) (A) or (b) must be secured in the motor vehicle in accordance with the device manufacturer's instructions for that restraint system.

[en. B.C. Reg. 218/2007.]

Infant restraint systems

36.04   (1) A child must be fastened in an infant restraint system used in a rearward facing position and specified by the manufacturer to be appropriate for the child's height and weight, until the child attains age one and weighs 9 kg or more.

(2) A child who has attained age one and weighs 9 kg or more may continue to be fastened in a restraint system referred to in subsection (1) until, according to the manufacturer's specifications, the restraint system is no longer appropriate for the child's height and weight.

(3) The restraint system referred to in subsection (1) or (2) must not be used in a designated seating position that has an active frontal airbag for that seat.

[en. B.C. Reg. 218/2007.]

Child restraint systems

36.05   (1) A child who

(a) has attained age one,

(b) weighs 9 kg or more, and

(c) is not required, or permitted, to be fastened in an infant restraint system in accordance with section 36.04

must be fastened in a child restraint system used in a forward facing position and specified by the manufacturer to be appropriate for the child's height and weight, until the child weighs 18 kg or more.

(2) A child who has attained age one and weighs 18 kg or more may continue to be fastened in a restraint system referred to in subsection (1) until, according to the manufacturer's specifications, the restraint system is no longer appropriate for the child's height and weight.

[en. B.C. Reg. 218/2007.]

Booster seats and seat belt assemblies

36.06   (1) A child who is no longer required, or permitted, to be fastened in a child restraint system in accordance with section 36.05 must be fastened on a booster seat, specified by the manufacturer to be appropriate for the child's height and weight, using the vehicle's seat belt assembly until the child reaches a height of 145 cm or more.

(2) If the vehicle has an available seat belt assembly with an upper torso restraint and a pelvic restraint, other than the driver's seat belt assembly, a child referred to in subsection (1) must be fastened on the booster seat using that seat belt assembly.

(3) Despite subsection (1), if none of the available seat belt assemblies in the vehicle have an upper torso restraint, other than the driver's seat belt assembly, then a child referred to in subsection (1) must be fastened without a booster seat using a seat belt assembly with a pelvic restraint.

(4) A child who has attained a height of 145 cm or more may continue to be fastened on a booster seat referred to in subsection (1) until, according to the manufacturer's specifications, the booster seat is no longer appropriate for the child's height and weight.

[en. B.C. Reg. 218/2007.]

Seat belt assemblies

36.07   A child who is no longer required, or permitted, to be fastened in a booster seat in accordance with section 36.06 must be fastened

(a) in a seat belt assembly with an upper torso restraint and a pelvic restraint, if, other than the driver's seat belt assembly, there is one available in the vehicle, or

(b) in a seat belt assembly with a pelvic restraint, if, other than the driver's seat belt assembly, there is in the vehicle no available seat belt assembly with an upper torso restraint and a pelvic restraint.

[en. B.C. Reg. 218/2007.]

Restraint systems for infants with special needs and children with mobility impairments

36.08   (1) Despite section 36.04, a child under age one who weighs less than 9 kg and who has special needs may be fastened in a vehicle using an infant restraint system for infants with special needs that is specified by the manufacturer to be appropriate for the child's height and weight.

(2) Despite sections 36.05 to 36.07, a child age one or older who weighs 9 kg or more and who has mobility impairments may be fastened in a vehicle using a restraint system for disabled persons that is specified by the manufacturer to be appropriate for the child's height and weight.

[en. B.C. Reg. 218/2007.]

Exemptions

36.09   This Division does not apply to the driver or operator

(a) of a motor vehicle licensed in a jurisdiction outside Canada if the driver or operator is using an infant or child restraint system, booster seat or seat belt assembly in compliance with the laws of that jurisdiction,

(b) of a motor vehicle which is being operated as a taxi, as defined in section 32.01, unless the taxi is operated as a passenger directed vehicle under a transportation network services authorization only,

(c) who is a peace officer operating the vehicle in the lawful performance of the peace officer's duties,

(d) who is in possession of and produces on request to a peace officer a valid and subsisting certificate issued by a medical practitioner certifying that the child is unable for medical or physical reasons to wear or be fitted into an infant or child restraint system, booster seat or seat belt assembly, including a child who does not fit within the specifications of any manufactured infant or child restraint system or booster seat that is available for purchase,

(e) of a motor vehicle that was not required to have a seat belt assembly under the Motor Vehicle Safety Act (Canada) at the time the vehicle was manufactured or imported into Canada unless the vehicle was modified so that there is a seat belt assembly for an available seating position for a child,

(f) of an emergency vehicle, and

(g) of a bus, other than a bus with

(i) a registered model year 1994 or later, and

(ii) a manufacturer's gross vehicle weight rating of less than 4 536 kg.

[en. B.C. Reg. 218/2007; am. B.C. Regs. 166/2019, s. 6; 64/2021, s. 3.]