Interpretation

44.1   In this Division:

"accessible taxi" means a taxi having a gross vehicle weight rating of not more than 4 500 kg, which is designed and manufactured or converted for the purpose of transporting persons who use mobility aids;

"CSA standard Z605" means the Canadian Standards Association standard Z605, Mobility Aid Securement and Occupant Restraint (MASOR) Systems for Motor Vehicles, as amended from time to time by the Canadian Standards Association;

"entry ramp" means a ramp in a service entrance doorway of a vehicle;

"mobility aid" means a device, including a manual wheelchair, electric wheelchair and scooter, that is used to facilitate the transport, in a normally seated orientation, of a person with a physical disability.

[en. B.C. Reg. 236/2000, s. 3; am. B.C. Reg. 166/2019, s. 10.]

Application

44.2   (1) A person must not, after June 30, 2000, drive or operate on a highway an accessible taxi that does not meet the requirements of this Division.

(2) Repealed. [B.C. Reg. 26/58, s. 44.2 (3).]

(3) Repealed. [B.C. Reg. 166/2019, s. 11 (b).]

[en. B.C. Reg. 236/2000, s. 3; am. B.C. Reg. 166/2019, s. 11.]

Interpretation

44.21   In this Part, "CSA standard D409-92" means the Canadian Standards Association standard D409-92, Motor Vehicles for the Transportation of Persons with Physical Disabilities, as adopted and modified by section 44.3.

[en. B.C. Reg. 166/2019, s. 13.]

Application

44.22   This Part applies to accessible taxis that are manufactured or converted before September 16, 2019.

[en. B.C. Reg. 166/2019, s. 13.]

CSA standard D409-92

44.3   (1) The Canadian Standards Association standard D409-92, Motor Vehicles for the Transportation of Persons with Physical Disabilities, except clauses 6.8.1.5 (b), 6.8.1.9 (b), 6.11, 6.12.1 and 7.1.1, is adopted as amended from time to time by the Canadian Standards Association.

(2) If there is a conflict between CSA standard D409-92 and this Part, this Part prevails.

(3) A person must not drive or operate on a highway an accessible taxi unless the vehicle and its equipment comply with CSA standard D409-92.

[en. B.C. Reg. 236/2000, s. 3; am. B.C. Reg. 166/2019, s. 14.]

Door and emergency exit requirements

44.4   (1) Every accessible taxi must

(a) have an entrance door opening that is not less than 0.77 metres wide by 1.32 metres high, and

(b) provide a means of egress through an opening that is not less than 0.70 metres wide by 1.0 metres high, located either at the end of the vehicle or on the side opposite the entrance door.

(2) A manual device is required for unlatching each door from the inside of an accessible taxi and the manual device must be engineered to offer protection against accidental release.

[en. B.C. Reg. 236/2000, s. 3.]

Passenger seat quick-release

44.5   If an accessible taxi is equipped with a passenger seat that interferes with the emergency exit, the seat must be equipped with quick-release seat anchorages to facilitate rapid seat removal and unimpeded emergency exit from the vehicle without the need to use any tools.

[en. B.C. Reg. 236/2000, s. 3.]

Inside height

44.6   (1) Every accessible taxi must have a minimum interior vertical clearance, measured from the floor to the interior surface of the roof, of

(a) 1.44 metres if the mobility aid is secured in the front passenger area, and

(b) 1.46 metres for all other mobility aid positions.

(2) For the purposes of subsection (1), the measurements must be taken at the point where the shoulder of a mobility aid occupant is positioned when the mobility aid is securely fastened.

[en. B.C. Reg. 236/2000, s. 3.]

Clearance requirements

44.7   (1) Every accessible taxi must, when operated on a highway, provide a floor space inside the vehicle for each mobility aid of not less than

(a) 0.68 metres by 1.30 metres in side entry vehicles, and

(b) 0.68 metres by 1.14 metres in rear entry vehicles,

and the longer dimension must be parallel to the vehicle's longitudinal centre line.

(2) An accessible taxi must not have any fixed vehicle structure at a secured mobility aid position, within the zones referred to in clause 7.1.2 of CSA standard D409-92, except components described in CSA standard Z605.

(3) Subsection (2) does not apply to the upper front quadrant area, as described in Figure 2 of CSA standard D409-92, for mobility aid positions located beside the driver in the front of the accessible taxi.

[en. B.C. Reg. 236/2000, s. 3; am. B.C. Reg. 166/2019, s. 15.]

Mobility aid securement and occupant restraint

44.8   (1) Every accessible taxi must be equipped with mobility aid securement devices that conform with CSA standard Z605 at the time of manufacture or conversion and before the vehicle is first put into commercial service.

(2) An operator of an accessible taxi must, before the vehicle is put in motion, secure every occupant of a mobility aid in a forward or rearward facing orientation by a securement system and procedure that meets the requirements of CSA standard Z605.

[en. B.C. Reg. 236/2000, s. 3; am. B.C. Reg. 166/2019, s. 15.]

Entry ramp requirement and standards

44.9   (1) Every accessible taxi must be equipped with all of the following:

(a) an entry ramp with the least slope practicable which must not exceed

(i) 1:4, if the height difference, between the vehicle floor from which the ramp is deployed and the ground where the bottom of the ramp is rested, is 0.23 metres or less,

(ii) 1:6, if the height difference, between the vehicle floor from which the ramp is deployed and the ground where the bottom of the ramp is rested, is greater than 0.23 metres but less than or equal to 0.30 metres,

(iii) 1:8, if the height difference, between the vehicle floor from which the ramp is deployed and the ground where the bottom of the ramp is rested, is greater than 0.30 metres but less than or equal to 0.38 metres, or

(iv) 1:10, if the height difference, between the vehicle floor from which the ramp is deployed and the ground where the bottom of the ramp is rested, is greater than 0.38 metres;

(b) an entry ramp threshold or transition from roadway, sidewalk, flat ground or vehicle floor to the top surface of the ramp, that consists of a beveled ramp edge with a slope no less than 1:2, if the height difference is more than 6 mm from the ramp surface to the ground;

(c) an entry ramp surface that is in a single plane, slip resistant, does not have protrusions from the surface greater than 6 mm in height and that is capable of accommodating both four-wheel and three-wheel mobility aids.

(2) Subsection (1) does not apply to an accessible taxi that is equipped with a powered mobility aid lift which meets the requirements of CSA standard D409-92.

[en. B.C. Reg. 236/2000, s. 3.]

Interpretation

44.91   In this Part, "CSA standard D409" means the Canadian Standards Association standard D409, Motor Vehicles for the Transportation of Persons with Physical Disabilities, as amended from time to time.

[en. B.C. Reg. 166/2019, s. 16.]

Application

44.92   This Part applies to accessible taxis that are manufactured or converted on or after September 16, 2019.

[en. B.C. Reg. 166/2019, s. 16.]

CSA standard D409

44.93   A person must not drive or operate on a highway an accessible taxi unless the vehicle and its equipment comply with the CSA standard D409 in effect at the time of manufacture or conversion.

[en. B.C. Reg. 166/2019, s. 16.]

Mobility aid securement and occupant restraint

44.94   (1) Every accessible taxi must be equipped with mobility aid securement devices that conform with the CSA standard Z605 in effect at the time of manufacture or conversion.

(2) An operator of an accessible taxi must, before the vehicle is put in motion, secure every occupant of a mobility aid in a forward or rearward facing orientation by a securement system and procedure that meets the requirements of CSA standard Z605.

[en. B.C. Reg. 166/2019, s. 16.]

Certificate of service

45.01   The following Certificate of Service is prescribed for the purposes of section 234 (4) (c) of the Act:

[en. B.C. Reg. 178/2000, s. 2.]

Definitions

46.01   In this Division:

"conviction" means an event that is a conviction of an offence under the Criminal Code;

"driving prohibition" means a driving prohibition under the Act that is referred to in an event;

"event" means an event described in column 1 of the table to section 46.04;

"ignition interlock program points" means the ignition interlock program points specified in column 3 of the table to section 46.04, subject to sections 46.05, 46.06 and 46.07;

"remedial program points" means the remedial program points specified in column 2 of the table to section 46.04, subject to sections 46.05, 46.06 and 46.07.

[en. B.C. Reg. 12/2016, Sch.]

Mandatory remedial programs

46.02   (1) This section sets out the conditions for the purposes of section 25.2 (1) and (2) of the Act in respect of remedial programs and components of remedial programs.

(2) Subject to subsections (3), (4) and (6), a person must complete a remedial program or component of it specified by the superintendent each time the remedial program points that the person acquires for an event, together with the remedial program points for events that occurred during the 5 years preceding that event, total 6 to 16 points.

(3) The remedial program points for events that occurred during the 5 years referred to in subsection (2) do not include remedial program points for a driving prohibition referred to in item 6 of the table to section 46.04 notice of which was served before June 15, 2012.

(4) If a person acquires remedial program points as the result of an event and the person at the time of the event is already required to participate in, but has not completed, a remedial program or component of a remedial program under section 25.1 or 25.2 of the Act, the person, subject to subsection (5), is not required to complete an additional remedial program or component under section 25.2 of the Act because of that event.

(5) The remedial program points a person acquires as the result of an event referred to in subsection (4) are included in the total remedial program points of the person if the person acquires additional remedial program points as a result of a new event that occurs within the 5 years after the event referred to in subsection (4).

(6) No person is required in any 5 year period to complete more than 2 remedial programs or components of remedial programs under section 25.2 of the Act.

[en. B.C. Reg. 12/2016, Sch.]

Mandatory ignition interlock programs

46.03   (1) This section sets out the conditions for the purposes of section 25.2 (1) and (2) of the Act in respect of ignition interlock programs.

(2) Subject to subsections (3) and (5), a person must participate in an ignition interlock program specified by the superintendent for the following periods:

(a) a period of 6 months if the ignition interlock program points that the person acquires for an event and for events that occurred during the 5 years preceding that event total 9 to 10 points;

(b) a period of 12 months if the ignition interlock program points that the person acquires for an event and for events that occurred during the 5 years preceding that event total 11 to 12 points;

(c) a period of 18 months if the ignition interlock program points that the person acquires for an event and for events that occurred during the 5 years preceding that event total 13 to 14 points;

(d) a period of 24 months if the ignition interlock program points that the person acquires for an event and for events that occurred during the 5 years preceding that event total 15 to 16 points.

(3) The ignition interlock program points for events that occurred during the 5 years referred to in subsection (2) (a) to (d) do not include ignition interlock program points for a driving prohibition referred to in item 6 of the table to section 46.04 notice of which was served before June 15, 2012.

(4) If, during the period that a person is required to participate in an ignition interlock program under section 25.1, 25.2 or 233 (3) of the Act, the person, because of a new event, acquires additional ignition interlock program points and is required to participate in an ignition interlock program for a period under subsection (2), the period under subsection (2) is in addition to the period for which the person is already required to participate.

(5) No person is required in any 5 year period to participate in an ignition interlock program under section 25.2 of the Act for more than 36 months.

[en. B.C. Reg. 12/2016, Sch.]

Points for events

46.04   The following table sets out, for the purposes of sections 46.02 and 46.03, the number of remedial program points and ignition interlock program points a person acquires as a result of specified events:

[en. B.C. Reg. 12/2016, Sch.; am. B.C. Regs. 206/2018, s. 4; 255/2018, App., s. 4; 25/2019; 125/2019, App., s. 3.]

Multiple events from one or related actions

46.05   (1) If a person is subject to a driving prohibition and to one or more convictions due to one action or related actions,

(a) the remedial program points for only one of those events are assigned to the person and, if the remedial program points for one event are higher than the other events, the higher number of points is assigned to the person, and

(b) the ignition interlock program points for only one of those events are assigned to the person and, if the ignition interlock program points for one event are higher than the other events, the higher number of points is assigned to the person.

(2) Without restricting the meaning of "related actions" in subsection (1), the following actions described in paragraphs (a) and (b) are related actions:

(a) operating or having the care and control of a motor vehicle;

(b) failing or refusing to comply with a demand to provide a breath sample made as a result of the action described in paragraph (a).

[en. B.C. Reg. 12/2016, Sch.]

Driving prohibition or conviction removed from driving record

46.06   (1) In this section, "driving record" means the driving record that is kept by the Insurance Corporation of British Columbia under section 82 (10) of the Act.

(2) If a driving prohibition or conviction is removed from a person's driving record, the remedial program points and ignition interlock program points assigned for the driving prohibition or conviction must be subtracted from the person's point total for the purposes of calculating totals under sections 46.02 and 46.03.

[en. B.C. Reg. 12/2016, Sch.]

Suspension of points

46.07   (1) If the superintendent receives a copy of an order of a court staying a driving prohibition in respect of a person, the total remedial program points and total ignition interlock program points for the person do not include the points for the driving prohibition until the superintendent is satisfied that the driving prohibition has been confirmed.

(2) If the superintendent stays a driving prohibition under section 94.6 (5) (a) or 215.5 (8) (a) of the Act in respect of a person, the total remedial program points and total ignition interlock program points for the person do not include the points for the driving prohibition until the superintendent confirms or substitutes the driving prohibition.

(3) If the superintendent receives in respect of a person who is subject to a conviction a copy of a direction of a judge made under section 261 (1) of the Criminal Code staying a prohibition order made as a result of the conviction, the total remedial program points and total ignition interlock program points for the person do not include the points for that conviction until the superintendent is satisfied that

(a) the stay is no longer in effect, or

(b) the conviction has been confirmed.

[en. B.C. Reg. 12/2016, Sch.]

Medical condition

46.08   (1) A person with a chronic medical condition that affects the person's respiratory functions so that the person cannot produce the volume of breath needed to operate an ignition interlock device specified by the superintendent under section 25.2 of the Act is exempt from having to participate in an ignition interlock program under that section.

(2) The evidence required to establish the medical condition referred to in subsection (1) is a signed statement from a medical practitioner in a form satisfactory to the superintendent setting out that

(a) the person has a chronic medical condition that affects the person's respiratory functions, and

(b) due to that medical condition, the person cannot produce the volume of breath needed to operate an ignition interlock device specified by the superintendent under section 25.2 of the Act.

[en. B.C. Reg. 12/2016, Sch.]

Completion of remedial programs

46.09   (1) A person who is required to participate in a remedial program under section 25.2 of the Act must complete the program within one year after the condition requiring completion of the program is added to the person's driver's licence.

(2) The superintendent must extend the time for a person to complete a remedial program under section 25.2 of the Act if the superintendent is satisfied that the person is unable to complete the remedial program for reasons beyond the person's control, such as illness, jury duty or incarceration.

[en. B.C. Reg. 12/2016, Sch.]

Fees

46.10   (1) The prescribed fee for a remedial program under section 25.1 or 25.2 of the Act is $405.

(2) The prescribed fee for an ignition interlock program under section 25.1, 25.2 or 233 (3) of the Act is $150.

[en. B.C. Reg. 12/2016, Sch.; am. B.C. Reg. 117/2016.]

Definition

47.01   (1) In this Division, "official vehicle" means a vehicle that

(a) is authorized under section 4.28 to display flashes of red, blue, white or amber light, and

(b) is displaying flashes of red, blue, white or amber light

(i) in accordance with any limits or conditions set out in section 4.28 or specified by the director under section 4.28 (1) (b),

(ii) while the vehicle is stopped on or on the side of a highway, and

(iii) while the vehicle's components are being operated, or a member of the vehicle's crew is working, on or on the side of the highway.

(2) Despite subsection (1), a school bus is not an official vehicle for the purposes of this Division.

[en. B.C. Reg. 227/2014, s. 1.]

When an official vehicle is stopped

47.02   (1) Subject to subsection (2), a person driving a motor vehicle on a highway in either direction must drive the motor vehicle at no more than the following rate of speed when approaching or passing an official vehicle:

(a) 70 km/h, if signs on the highway limit the rate of speed to 80 km/h or more;

(b) 40 km/h, if signs on the highway limit the rate of speed to less than 80 km/h;

(c) the rate of speed indicated on the signs, if signs on the highway limit the rate of speed to less than 40 km/h.

(2) Subsection (1) does not apply to a driver who approaches or passes an official vehicle from the opposite direction on a highway that contains a laned roadway or is divided by a median.

(3) In addition to the requirements of subsection (1), a driver travelling in a lane adjacent to the stopped official vehicle or in the same lane in which the official vehicle is stopped must, if it is safe to do so, and unless otherwise directed by a peace officer, move the driver's motor vehicle into another lane of the laned roadway, if any.

[en. B.C. Reg. 148/2009, s. 2; am. B.C. Regs. 227/2014, s. 2; 64/2021, s. 3.]