Section 1 definition of "golf cart" BEFORE repealed by BC Reg 128/2012, effective June 7, 2012.
"golf cart" means a motor vehicle originally designed and manufactured to carry golfers and their equipment;
Section 1 definition of "utility vehicle", paragraph (c) BEFORE amended by BC Reg 128/2012, effective June 7, 2012.
"utility vehicle" means a motor vehicle that at the time the vehicle was manufactured was not designed to conform to the standards prescribed in the Motor Vehicle Safety Act (Canada) for motor vehicles designed for use on a highway, including
(a) all terrain vehicles,
(b) golf carts, when used or adapted for a utility purpose unrelated to carrying golfers and their equipment,
(c) person lifts,
(d) forklifts,
(e) light tractors,
(f) mowers,
(g) sweepers, and
(h) other motor vehicles used for light industrial, maintenance or landscaping purposes,
but does not include a motor vehicle that is licensed under section 8, 9 or 10 of the Act;
Section 1 definition of "chains" BEFORE repealed by BC Reg 246/2018, effective November 28, 2018.
"chains" means 2 circular metal loops connected by strands of steel links, of any shape or pattern, that can be placed with one loop on each side of a tire to increase the friction between the tire and a road surface covered with ice or snow;
Section 1 definitions of "declaration of completion" and "mandatory entry-level training course" were added by BC Reg 100/2021, effective June 1, 2021.
Section 1.01 BEFORE repealed by BC Reg 255/2018, effective December 18, 2018.
Prescribed date for motor vehicle related offence
1.01 For the purpose of paragraph (d) of the definition of "motor vehicle related Criminal Code offence" in section 1 of the Act, an offence committed under section 249.1 of the Criminal Code on or after April 1, 2005, is a motor vehicle related Criminal Code offence.
[en. B.C. Reg. 173/2005, s. (b) (i).]
Section 2.011 BEFORE re-enacted by BC Reg 128/2012, effective June 7, 2012.
Application
2.011 Except as otherwise provided in Division 24, Divisions 4 [Lamps], 5 [Brakes], 7 [Other Equipment] and 7B [Slow Moving Vehicles and Equipment] do not apply to the following vehicles:
(a) utility vehicles;
(b) snowmobiles, snow vehicles or air cushion vehicles;
(c) neighbourhood zero emission vehicles;
(d) golf carts.
[en. B.C. Reg. 351/2008, Sch. s. 2.]
Section 3.01 was re-enacted by BC Reg 24/2022, effective May 1, 2022.
Prohibition
3.01 A person must not drive or operate a vehicle on a highway unless displayed on it are
(a) number plates in accordance with this Division, and
(b) if a validation decal is issued for attachment to a number plate, the validation decal in accordance with this Division.
[en. B.C. Reg. 279/2006.]
Section 3.012 (a) BEFORE amended by BC Reg 193/2015, effective November 1, 2015.
(a) in the case of a motor vehicle licensed under the Commercial Transport Act that has a licensed gross vehicle weight exceeding 5 500 kg, to the place provided on the front number plate, or
Section 3.012 (a.1) was added by BC Reg 193/2015, effective November 1, 2015.
Section 3.012 BEFORE amended by BC Reg 24/2022, effective May 1, 2022.
Attachment of validation decal
3.012 If a validation decal is issued under the Commercial Transport Act or Motor Vehicle Act for attachment to a number plate, it must be attached
(a) in the case of a motor vehicle licensed under the Commercial Transport Act that has a licensed gross vehicle weight exceeding 5 500 kg, to the place provided on the front number plate,
(a.1) in the case of an off-road vehicle registered under the Off-Road Vehicle Act, on the number plate or number sticker issued under that Act, or
(b) in the case of any other vehicle, to the place provided on the rear number plate.
[en. B.C. Reg. 279/2006; am. B.C. Reg. 193/2015, App. 3, s. 2.]
Section 3.06 (1) BEFORE amended by BC Reg 375/2012, effective March 18, 2013.
(1) For this section, "spouse" means a person who was married to another person at the relevant time or who was living for at least 2 years immediately before the relevant time in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.
Section 3.06 (2) (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) where the title or interest of an owner of a vehicle is transferred by operation of law under section 17 of the Act as a result of the owner's death, his executor, administrator or trustee shall remove the number plates and dispose of them only as provided in section 3.09; but where the ownership of the vehicle passes to the deceased person's spouse, the spouse may, upon application in the prescribed form to the Insurance Corporation of British Columbia and upon payment of the prescribed transfer fee, have the vehicle registered in his name and retain the number plates on the vehicle, or
Section 3.08 (1), (2) (part), (3) and (4) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(1) Where a person who has removed number plates pursuant to section 3.05 and has retained possession of them as provided in section 3.09 acquires another motor vehicle or trailer of the same class, the owner may display the number plates on the substitute vehicle for a period not exceeding 10 days from the time of acquisition of the substitute vehicle and shall within that period comply with the requirements for licensing the substitute vehicle in his name.
(2) Where a person operates a substitute vehicle during the period not exceeding 10 days referred to in subsection (1) and prior to the owner licensing the substitute vehicle in his name in accordance with that subsection, the operator shall carry, and produce to a peace officer upon request, the following:
(3) Where a substitute vehicle is not of the same class as the vehicle for which it is substituted, the owner shall comply immediately with the requirements for licensing the substitute vehicle in his name, and, if directed to do so by the Insurance Corporation of British Columbia, he shall surrender the number plates removed pursuant to section 3.05 and attach other number plates to the substitute vehicle.
(4) Where a person who is the registered owner of more than one motor vehicle or trailer removes number plates from one vehicle and wishes to display them on a substitute vehicle owned by him, he shall, before doing so, ensure that the requirements for licensing the substitute vehicle, including payment of the fee prescribed in the Motor Vehicle Fees Regulation, are complied with before the vehicle is operated.
Section 3.09 (b) BEFORE amended by BC Reg 232/2009, effective November 15, 2009.
(b) surrender them to an office of the Insurance Corporation of British Columbia together with an application for remission of fees in the prescribed form.
Section 3.09 BEFORE re-enacted by BC Reg 24/2022, effective February 14, 2022.
Disposal of number plates
3.09 A person who has removed number plates pursuant to section 3.05 and who does not attach them on a substitute vehicle pursuant to section 3.08 shall not attach or display those number plates on any other vehicle, but the person may
(a) retain, destroy or otherwise dispose of them, or
(b) surrender them to an office of the Insurance Corporation of British Columbia together with an application for remission of fees in the form established by the corporation for this purpose.
[en. B.C. Reg. 431/73, s. 1; am. B.C. Regs. 317/96, s. 1; 232/2009, s. (a); 64/2021, s. 5.]
Section 3.10 (1) (part) BEFORE amended by BC Reg 232/2009, effective November 15, 2009.
(1) On receipt of a certificate of the Insurance Corporation of British Columbia that states that a set of number plates has been surrendered under section 3.09, the Minister of Finance may remit to the person surrendering the number plates
Section 3.10 (1) (a) BEFORE amended by BC Reg 232/2009, effective November 15, 2009.
(a) 1/12 of the licence fee for each month that remains in the term of the licence,
Section 3.10 BEFORE amended by BC Reg 24/2022, effective February 14, 2022.
Remission of fees
3.10 (1) On surrender of a set of number plates and completion of the application referred to in section 3.09 (b) to the satisfaction of the Insurance Corporation of British Columbia, the Minister of Finance may remit to the person surrendering the number plates
(a) the licence fee prorated for the number of full days remaining in the term of the licence,
(b) in the case of personalized number plates issued before January 1, 1984, 1/60 of the personalized number plate fee for each month that remains on the 5 year term of the number plates, and
(c) in the case of personalized number plates issued on or after January 1, 1984, 1/12 of the personalized number plate fee for each month that remains on the one year term of the number plates.
(2) No remission shall be made under subsection (1), if the amount to be remitted is less than $5.
[en. B.C. Reg. 480/83, s. 1; am. B.C. Regs. 317/96, s. 1; 232/2009, ss. (b) and (c).]
Section 4.28 (2) (c) BEFORE amended by BC Reg 145/2013, effective April 1, 2013.
(c) an ambulance, as defined in the Health Emergency Act, if the ambulance is responding to an emergency call or transporting a patient and it is essential for the ambulance to gain the right of way;
Section 4.28 (2) (e) and (f) were added by BC Reg 145/2021, effective June 7, 2021.
Section 4.28 (8) (g) BEFORE repealed by BC Reg 145/2021, effective June 7, 2021.
(g) a person employed in the Ministry of Forests and Range who is appointed as a special constable under section 9 of the Police Act;
Section 4.28 (8) (a.1) to (a.4) and (g.1) were added by BC Reg 145/2021, effective June 7, 2021.
Section 5.02 (4) (c) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(c) where the licensed vehicle weight of the trailer exceeds 2 800 kg, be capable of being applied by the driver of the motor vehicle towing the trailer from his normal seated position.
Section 5.05 (1) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(1) Every person driving or operating a vehicle or combination of vehicles upon any highway shall, upon request of any peace officer or constable of the Provincial police force or the police force of any municipality, permit such peace officer or constable to inspect and test the brakes with which the vehicle or combination of vehicles is equipped and, on the direction of the officer or constable, shall operate the vehicle or combination of vehicles as directed by him for the purpose of the inspection and testing of the brakes.
Section 7.001 BEFORE re-enacted by BC Reg 246/2018, effective November 28, 2018.
Definitions
7.001 In this Division:
"commercial motor vehicle" has the same meaning as in Part 2.2 of the Act, but does not include a truck or other motor vehicle with a gross vehicle weight less than or equal to 5 000 kg;
"traction device" means
(a) in the case of a commercial motor vehicle, any of the following, if designed by a manufacturer to increase the friction between a tire and a road surface covered with ice or snow:
(i) subject to section 7.164, studs;
(v) 2 circular metal loops connected by strands of steel cable, if both outside tires of a power drive axle of the commercial motor vehicle are equipped with chains;
(b) in the case of any other motor vehicle, any device designed by a manufacturer to increase the friction between a tire and a road surface covered with ice or snow.
[en. B.C. Reg. 177/2015, App. s. 2.]
Section 7.01 (1) and (2) BEFORE amended by BC Reg 164/2016, effective July 4, 2016.
(1) Subject to subsections (2) and (3), no person shall drive or operate a vehicle on a highway unless the vehicle is equipped as required by this Division.
(2) An antique motor vehicle or a collector motor vehicle not originally designed and manufactured to be in compliance with sections 7.02 to 7.04, 7.05 (3), (4) and (7), 7.06, 7.09, 7.16, 7.161 (4) and 7.19 need not be equipped as required by those sections.
Section 7.01 (4) and (5) were added by BC Reg 164/2016, effective July 4, 2016.
Section 7.05 (2) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) No person shall drive or operate a vehicle on a highway while his view of the highway or of any intersecting highway is unduly obstructed by any windshield sticker, sign, poster or other thing or material placed over or affixed to the windshield or any window of the vehicle.
Section 7.07 (1) (d) (ii) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
(ii) the gross vehicle weight rating of the motor vehicle one axle of which is being carried by the towing dolly, if that motor vehicle displays a transporter number plate, demonstration number plate, manufacturer's number plate or repairman's number plate.
Section 7.161 (2.1) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2.1) Notwithstanding subsection (2), a person may, during the period a regular tire is unusable due to its having been damaged, use a limited mileage temporary spare tire specified by the vehicle manufacturer for use with the other tires on the vehicle provided he makes arrangements forthwith to repair or replace the tire for which the spare tire has been temporarily substituted.
Section 7.18 BEFORE repealed by BC Reg 308/2009, effective February 1, 2010.
Television sets
7.18 (1) Except as provided in subsection (2), no person shall drive or cause to be driven a vehicle in which the image displayed from a television set in the vehicle is visible to that person.
(2) Subsection (1) does not apply if the image displays information or data solely designed to assist the driver
(a) in the safe operation of the vehicle or the safety and security of its load or its passengers,
(b) to reach a destination in due timeliness,
(c) who is a peace officer, to carry out his duties as a peace officer, or
(d) to assess fees or charges payable by passengers or users of the vehicle.
(3) No person shall drive or cause to be driven a vehicle in which a television set is installed unless it is securely and safely mounted in the vehicle in a position which does not obstruct the view of the driver.
[en. B.C. Reg. 466/88.]
Division 7, Schedule, section 30 BEFORE amended by 64/2021, effective March 11, 2021.
30 The driver's seat of a motor vehicle shall be tightly secured to the floor of the vehicle and shall be adequate to comfortably seat the driver in such a manner that he may safely operate the vehicle.
A vehicle to which section 220 of the Act applies shall be equipped with safety belts of a type set out in section 7.13 of the regulations.
Safety belts shall be available, be in good condition, and the belt buckle shall be in good working order.
Motorcycles — The seat of a motorcycle shall be securely attached to the vehicle and the seat locking device, where so equipped, shall be functional.
Section 10.01 definition of "carrier" BEFORE amended by BC Reg 166/2019, effective September 16, 2019.
"carrier" has the same meaning as in section 237 of the Act;
Section 10.02 BEFORE re-enacted by BC Reg 9/2010, effective January 14, 2010.
Application
10.02 This Division applies only to a business vehicle or commercial passenger vehicle for which a licence under the Motor Carrier Act, or a licence or temporary operating permit under the Passenger Transportation Act, is required.
[en. B.C. Reg. 448/87, s. 2; am. B.C. Regs. 414/99, s. 3; 64/2005, s. 3.]
Section 10.03 (1) BEFORE amended by BC Reg 9/2010, effective January 14, 2010.
(1) Where a licence or permit, under the Passenger Transportation Act or the Motor Carrier Act, authorizes standees to be carried in a commercial passenger vehicle, the vehicle shall be equipped with a sufficient number of handholds, straps, rails or other equipment to provide support for the number of standees authorized.
Section 10.06 (2) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) Except as provided for by subsection (3), a licensee shall ensure that the number of seats in each commercial passenger vehicle operated by him, including the driver's seat, does not exceed the whole number determined by subtracting the net weight of the vehicle from the manufacturer's gross vehicle weight rating and dividing the difference by
Section 10.08 (3) (b) BEFORE amended by BC Reg 9/2010, effective January 14, 2010.
(b) if standees are authorized by licence or permit under the Motor Carrier Act or by a licence or temporary operating permit under the Passenger Transportation Act to be carried in the vehicle, greater than 188 cm in that portion of the interior intended for use by the standees.
Section 10.26 (2) (b) BEFORE amended by BC Reg 47/2020, effective March 5, 2020.
(b) the prescribed motor vehicle liability policy for a taxi is the certificate required, if any, under section 3 of the Act.
Section 11.01 (1) definition of "multifunction school activity bus" was added by BC Reg 11/2018, February 7, 2018.
Section 11.01 (1) definition of "yellow and black school bus" BEFORE amended by BC Reg 11/2018, February 7, 2018.
"yellow and black school bus" means a bus that on the date of its manufacture conformed to the safety standards under the Motor Vehicle Safety Act (Canada) and the standards made by the Canadian Standards Association numbered CSA D250, "School Buses" that were applicable to school buses on that date.
Section 11.02 (2) BEFORE amended by BC Reg 11/2018, February 7, 2018.
(2) No person shall drive or operate on a highway or allow or cause to be driven or operated on a highway a transit bus as a school bus.
Section 11.03 (2) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) The holder of a school bus permit who disposes of all or part of his interest in the vehicle that is the subject of the permit shall forthwith notify the director, giving the particulars of the disposition.
Section 11.09 (3) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(3) The operator shall not operate the school bus on the highway with students on board, or cause or allow it to be so operated, unless he has reasonable grounds to believe it is in safe working order.
Section 11.13 (1) (b) and (c) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(b) on a bench seat equipped with seat belt assemblies if he may make exclusive use of one of the seat belt assemblies on the seat, or
(c) on a seat designed for one person if he is the only person on it.
Section 11.13 (3) (b) BEFORE amended by 64/2021, effective March 11, 2021.
(b) move the bus or cause it to move unless he is reasonably certain that every passenger on the bus is comfortably and securely seated.
Division 14A, section 14A.01 BEFORE repealed by BC Reg 236/2009, effective March 31, 2010.
Division 14A - Alternative Temporary Operation Permits
Non-resident vehicle or trailer permit
14A.01 (1) In addition to its powers to grant a temporary operation permit under Division 14, the Insurance Corporation of British Columbia or a person authorized in writing by the corporation may grant a permit in accordance with this Division for the temporary operation on a highway of a motor vehicle or trailer that is registered or licensed outside British Columbia
(a) on application in the form established by the Insurance Corporation of British Columbia and the corporation being satisfied of the truth of the facts stated in the application, and
(b) on receipt of proof of financial responsibility that is satisfactory to the corporation.
(2) A permit under this Division
(a) may only be granted
(i) to a person who is ordinarily resident outside British Columbia, and
(ii) for the period beginning on November 1, 2009, and ending on March 31, 2010, or for a portion of that period,
(b) may not be granted in respect of a commercial vehicle, and
(c) is valid only
(i) during the period referred to in paragraph (a) (ii) or the portion of that period for which the permit is granted, and
(ii) for as long as the vehicle or trailer is licensed in the owner's ordinary place of residence.
(3) Item 7 (d) of the Schedule to the Motor Vehicle Fees Regulation, B.C. Reg. 334/91, does not apply to a permit granted under this Division.
[en. B.C. Reg. 236/2009, s. (a).]
Section 19.03 (1) (b) BEFORE amended by BC Reg 177/2015, effective September 22, 2015.
(b) a vehicle having wheels, tires or tracks constructed or equipped with projecting spikes, cleats, ribs, clamps, flanges, lugs or other attachments or projections, which extend beyond the tread or traction surface of the wheel, tread or track, but such a vehicle may be driven or operated on a highway not having a cement-concrete, asphaltic-concrete, bituminous treated or other stabilized or wooden surface.
Section 19.03 (2), (3) and (4) BEFORE amended by BC Reg 177/2015, effective September 22, 2015.
(2) Subsection (1) does not apply to the use of tire chains of reasonable proportions on a motor vehicle when required for safety.
(3) Subsection (1) (b) does not prohibit the use, at any time between October 1 in one year and April 30 in the next year, of studs that do not protrude more than 3.5 mm from the tread or traction surface of a tire, if
(a) there are not more than a total of 130 studs in the tire if it is a tire for a motor vehicle having a gross vehicle weight of not more than 4 600 kg, or 175 studs in the tire if it is a tire for a motor vehicle having a greater gross vehicle weight, and
(b) no studs are used in a tire on the front wheel of a motor vehicle unless each rear wheel has at least one studded tire, but this paragraph does not apply to a truck with a licensed gross vehicle weight of 9 100 kg or more and which is equipped with a device to allow the installation of a snowplough.
(4) The minister charged with the administration of the Transportation Act may, whenever in his opinion the use of tire studs is causing undue wear to a highway or bridge or is hazardous to the safety of those using the highways, by written order published in the Gazette, suspend the application of this subsection with respect to any highway or part thereof.
Section 19.03 (4) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(4) The minister charged with the administration of the Transportation Act may, whenever in his opinion the use of studded tires is causing undue wear to a highway or bridge or is hazardous to the safety of those using the highways, by written order published in the Gazette, suspend the application of subsection (3) with respect to any highway or part thereof.
Section 19.06 (1) (part), (4) and (5) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(1) The minister, or any person authorized by him, may, by a general authority or by the issuance of a written permit, authorize the driving or operation on a highway of a vehicle that
(4) The power of the minister, or any person authorized by him to issue permits pursuant to these regulations, shall include the power to amend, vary or rescind such permits.
(5) As a prerequisite to the issuance of a permit under this section, the minister may require the applicant therefor to deposit with him a sum of money in an amount sufficient, in the opinion of the minister, to pay the cost of repairing any damage that may be done to the highway by reason of the driving or operation of the vehicle thereon.
Section 19.11 (4) and (5) BEFORE self-repealed by BC Reg 26/58, effective January 1, 2007.
(4) Subsection (1) does not apply to a tow car with a gross vehicle weight rating of 5 500 kg or less towing a vehicle weighing not more than 50% of the tow car's gross vehicle weight rating.
(5) Subsection (4) and this subsection are repealed on January 1, 2007.
Section 19.16 (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(b) unless the bus he or she is driving is leaving a bus stop and entering the travelled portion of the highway adjacent to the bus stop.
Section 20.32 BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
20.32 If a dealer fails to surrender his demonstration licences and corresponding number plates to the Insurance Corporation of British Columbia as required by section 40 (1) of the Act or section 20.31 of the regulations, the corporation may, in writing, authorize a peace officer or other person to recover possession of the demonstration licence and corresponding number plates.
Section 22A.01 (1) (c) BEFORE amended by BC Reg 105/2017, effective June 30, 2017.
(c) is described in Item 1, 2 or 3 of the following table:
Section 22A.01 (1) table BEFORE amended by BC Reg 105/2017, effective June 30, 2017.
| Item | Vehicle | Requirements |
| 1 | 25 year old vehicle | A vehicle that is |
| (a) at least 25 years old, and | ||
| (b) maintained or restored to a condition that conforms to the original manufacturer's specifications. | ||
| 2 | 15 year old vehicle | A vehicle that is |
| (a) at least 15 years old and | ||
| (i) no longer produced, or | ||
| (ii) of limited availability, and | ||
| (b) maintained or restored to a condition that conforms to the original manufacturer's specifications. | ||
| 3 | Modified motor vehicle | A vehicle that is |
| (a) registered in British Columbia as a 1958 or earlier model, and | ||
| (b) of a manufacturer's make to which a person who is not a manufacturer of motor vehicles has done one or more of the following: | ||
| (i) altered the body of the motor vehicle so that it resembles, but is no longer identical in appearance to, the original body of the motor vehicle; | ||
| (ii) altered or replaced one or more of the following so that they differ from the manufacturer's available original equipment options for the model year of that motor vehicle: | ||
| (A) the chassis; | ||
| (B) the power train; | ||
| (C) the steering and braking mechanical components. |
Section 22A.01 (3) was added by BC Reg 105/2017, effective June 30, 2017.
Section 22A.03 (2) BEFORE amended by BC Reg 61/2017, effective March 1, 2017.
(2) An application under subsection (1) must include
(a) evidence, including photographs of the vehicle, satisfactory to the Insurance Corporation of British Columbia, to establish that the vehicle meets the requirements of this Division, and
(b) a valid passed AirCare inspection report for the vehicle, unless the vehicle is exempt under section 2 (a), (b), (e), (f) or (h) or 3 of B.C. Reg. 320/92, the Emission Inspection Exemption Regulation.
Section 23.01 definitions of "protected left turn signal control system", "protected/permissive left turn signal control system" and "regulatory" BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
"protected left turn signal control system" means a traffic control signal system that, by means of a steady green arrow indication, instructs a driver to turn left and then, by means of a circular yellow indication followed by a circular red indication, instructs him to stop until the next green arrow indication is displayed;
"protected/permissive left turn signal control system" means a traffic control signal system that, by means of a flashing green arrow indication in conjunction with a circular red or a circular green indication, instructs a driver to turn left and then, by means of a steady yellow arrow indication followed by a circular green indication, instructs him that he is permitted to turn left when it is safe to do so;
"regulatory" means a type of traffic sign which advises a motorist or pedestrian that certain action is required of him; disregard of such a sign constitutes an offence;
Section 23.02 BEFORE amended by BC Reg 39/2010, effective February 4, 2010.
Schedule 1 signs authorized
23.02 All traffic signs corresponding to those depicted in Schedule 1 of this Division shall conform with respect to shape, colour, minimum dimensions, symbols, wording and reflectorization to the standard traffic signs shown and described in Schedule 1.
[en. B.C. Reg. 598/77, s. 1; am. B.C. Reg. 301/86, s. 1.]
Section 23.02 BEFORE amended by BC Reg 39/2010, effective April 1, 2010.
Schedule 1 signs authorized
23.02 All traffic signs corresponding to those depicted in Schedules 1 and 5 of this Division shall conform with respect to shape, colour, minimum dimensions, symbols, wording and reflectorization to the standard traffic signs shown and described in those schedules.
[en. B.C. Reg. 598/77, s. 1; am. B.C. Regs. 301/86, s. 1; 39/2010, App. A, s. 1.]
Section 23.05 BEFORE amended by BC Reg 39/2010, effective February 4, 2010.
Traffic sign meanings
23.05 All traffic signs depicted in Schedules 1 and 2 shall have the titles and meanings accompanying each sign illustration or group of illustrations. The words "regulatory" and "warning" following the title of a sign or group of signs in a schedule designates the sign type.
[en. B.C. Reg. 598/77, s. 1; am. B.C. Reg. 531/2004, s. 2.]
Section 23.05 BEFORE amended by BC Reg 39/2010, effective April 1, 2010.
Traffic sign meanings
23.05 All traffic signs depicted in Schedules 1, 2 and 5 shall have the titles and meanings accompanying each sign illustration or group of illustrations. The words "regulatory" and "warning" following the title of a sign or group of signs in a schedule designates the sign type.
[en. B.C. Reg. 598/77, s. 1; am. B.C. Regs. 531/2004, s. 2; 39/2010, App. A, s. 2.]
Section 23.06 BEFORE amended by BC Reg 39/2010, effective April 1, 2010.
Non-schedule signs
23.06 All regulatory or warning signs, other than those depicted in Schedules 1, 2 and 5 shall conform in design and colour with regulatory or warning signs of similar functional type shown in those schedules.
[en. B.C. Reg. 598/77, s. 1; am. B.C. Regs. 531/2004, s. 3; 39/2010, App. A, s.3.]
Section 23.07 BEFORE amended by BC Reg 39/2010, effective February 4, 2010.
Sign dimensions
23.07 Sign dimensions, as shown in Schedules 1 and 2, are the minimum dimensions that may be used. If a larger sign is used, it shall have the same proportionate shape as its minimum. For diamond shaped and triangular shaped signs, the dimensions are for the sign sides, not the diameters. Dimensions specified for any other sign shape are for the horizontal diameter followed by the vertical diameter.
[en. B.C. Reg. 598/77, s. 1; am. B.C. Reg. 531/2004, s. 2.]
Section 23.07 BEFORE amended by BC Reg 39/2010, effective April 1, 2010.
Sign dimensions
23.07 Sign dimensions, as shown in Schedules 1, 2 and 5, are the minimum dimensions that may be used. If a larger sign is used, it shall have the same proportionate shape as its minimum. For diamond shaped and triangular shaped signs, the dimensions are for the sign sides, not the diameters. Dimensions specified for any other sign shape are for the horizontal diameter followed by the vertical diameter.
[en. B.C. Reg. 598/77, s. 1; am. B.C. Regs. 531/2004, s. 2; 39/2010, App. A, s.4.]
Section 23.12 BEFORE amended by BC Reg 39/2010, effective February 4, 2010.
Traffic sign changes
23.12 Where a warning or regulatory sign other than a 30 KILOMETRES PER HOUR TAB is erected by an authority, the authority may substitute another weight, speed, distance or time for the weight, speed, distance or time set out in Schedule 1 or 2 in respect of that sign and the sign erected with this change is valid for the purpose of Schedule 1 or 2 as the case may be.
[en. B.C. Reg. 72/90, s. 1; am. B.C. Regs. 36/92; 531/2004, s. 4.]
Section 23.12 BEFORE amended by BC Reg 39/2010, effective April 1, 2010.
Traffic sign changes
23.12 Where a warning or regulatory sign other than a 30 KILOMETRES PER HOUR TAB is erected by an authority, the authority may substitute another weight, speed, distance or time for the weight, speed, distance or time set out in Schedule 1, 2 or 5 in respect of that sign and the sign erected with this change is valid for the purpose of that schedule.
[en. B.C. Reg. 72/90, s. 1; am. B.C. Regs. 36/92; 531/2004, s. 4; 39/2010, App. A, s. 5.]
Section 23.12 BEFORE re-enacted by BC Reg 113/2017, effective June 5, 2017.
Traffic sign changes
23.12 Where a warning or regulatory sign other than a 30 KILOMETRES PER HOUR TAB is erected by an authority, the authority may substitute another weight, speed, distance or time for the weight, speed, distance or time set out in Schedule 1 or 2 in respect of that sign and the sign erected with this change is valid for the purpose of that schedule.
[en. B.C. Reg. 72/90, s. 1; am. B.C. Regs. 36/92; 531/2004, s. 4; 39/2010, App. A, s. 5 and App. B, s. 5.]
Division 23, schedule 1 item BEFORE repealed by BC Reg 64/2016, effective March 2, 2016.
 90 x 30 cm | MOTORCYCLES OK (Regulatory) This sign confirms that motorcyclists are permitted in high occupancy vehicle lanes. Colour: Black on white reflectorized background. | |
Division 23, schedule 1 item "Maximum Speed (Regulatory)" was added by BC Reg 125/2016, effective June 2, 2016.
Division 23, schedule 1 item "MAXIMUM SPEED WHEN APPROACHING OR PASSING NEIGHBOURHOOD GOLF CARTS (Regulatory)" was added by BC Reg 113/2017, effective June 5, 2017.
Division 23, schedule 2 item "DISABLED PARKING (Regulatory)" BEFORE amended by BC Reg 234/2016, effective September 29, 2016.
 30 x 60 cm | DISABLED PARKING (Regulatory) Only vehicles transporting or driven by disabled persons may park in parking spaces which display this sign. Colour: White background throughout, red top circle and centre slash, black centre "P", green bottom circle, black centre symbol, black arrows and black border. White, red and green reflectorized. |
Division 23, Schedule 5 BEFORE repealed by BC Reg 39/2010, effective April 1, 2010.
[en. B.C. Reg. 39/2010, App. A, s. 6.]
Signs and Tabs for Designated Use Lanes
(Olympic and Paralympic Winter Games)
| OLYMPIC LANE SIGNS (Regulatory) The following are 3 examples of signs which, when any of them are erected over or adjacent to a traffic lane and accompanied with a tab indicating "authorized vehicles only" or "trucks & authorized vehicles only", mean the lane so signed and indicated is a designated use lane under section 3 (1), 4 (1), 5 (1), 6 (1) or 7 (1) of the Designated Use Lanes (Olympic and Paralympic Winter Games) Regulation or under a bylaw or resolution of the council of a municipality under section 124.2 of the Act and that the lane is reserved for the exclusive use of vehicles authorized under that section of the regulation or under the applicable provision of the bylaw or resolution, as the case may be. Colour: Black and blue on white reflectorized background. White reflectorized diamond on black background. May have blue border including name of local government. | ||
 |  |  |
| 90 x 120 cm | 90 x 120 cm | 90 x 120 cm |
 | AUTHORIZED VEHICLES ONLY TAB (Regulatory) When this tab accompanies an Olympic Lane sign the designated use lane so signed is reserved for the exclusive use of vehicles authorized to use that designated use lane under the Designated Use Lanes (Olympic and Paralympic Winter Games) Regulation or under a bylaw or resolution of the council of a municipality under section 124.2 of the Act. Colour: Black and blue on white reflectorized background. | |
| 60 x 60 cm | ||
 | TRUCKS & AUTHORIZED VEHICLES ONLY TAB (Regulatory) When this tab accompanies an Olympic Lane sign the designated use lane so signed is reserved for the exclusive use of trucks and vehicles authorized to use that designated use lane under the Designated Use Lanes (Olympic and Paralympic Winter Games) Regulation or under a bylaw or resolution of the council of a municipality under section 124.2 of the Act. Colour: Black and blue on white reflectorized background. | |
| 90x 120 cm | ||
| DESIGNATING TABS (Regulatory) Tabs measuring 90 cm x 60 cm bearing the supplemental messages "BEGINS" or "ENDS" may be added above or below any of the foregoing Olympic Lane signs and when so added indicate the beginning or the end, as the case may be, of the designated use lane corresponding to the description in section 3 (1), 4 (1), 5 (1), 6 (1) or 7 (1) of the Designated Use Lanes (Olympic and Paralympic Winter Games) Regulation or under a bylaw or resolution of the council of a municipality under section 124.2 of the Act. Colour: Black on white reflectorized background. | |
 |  |
| 90 x 60 cm | 90 x 60 cm |
 | WARNING TAB (advisory) This tab, measuring 90 cm x 60 cm, when erected in conjunction with an Olympic Lane sign over or adjacent to and pointing to a traffic lane, warns that the lane is a designated use lane under section 3 (1), 4 (1), 5 (1), 6 (1) or 7 (1) of the Designated Use Lanes (Olympic and Paralympic Winter Games) Regulation or under a bylaw or resolution of the council of a municipality under section 124.2 of the Act and that, at a point ahead, the lane is reserved for the exclusive use of vehicles authorized under that section of the regulation or under the applicable provision of the bylaw or resolution, as the case may be. Colour: Black on white reflectorized background. |
| 90 x 60 cm | |
Section 24.01 BEFORE amended by BC Reg 128/2012, effective June 7, 2012.
Definitions
24.01 In this Division:
"designated area" means private property, a parking lot, a campground, an airport, a ferry terminal, a golf course or a marina;
"forklift" means a motor vehicle with one or more prongs or any similar mechanism for hoisting a load;
"gold rush snowmobile trail highway traverse" means that portion of a highway that is traversed by the Gold Rush Snowmobile Trail;
"limited access island" means an island that is not accessible by scheduled vehicle ferry service or by bridge;
"miniature motor vehicle" means
(a) a motorized go-cart, skateboard or similar wheeled toy vehicle, or
(b) a motorcycle that has
(i) a wheel rim diameter of less than 250 mm,
(ii) a wheel base of less than 1 016 mm when measured from the centre of one axle to the centre of the other axle, or
(iii) a seat height, when the vehicle is unladen, of less than 650 mm;
"operation permit" means a permit issued in accordance with section 24.09;
"person lift" means a motor vehicle with a worker platform that may be elevated as a feature central to the vehicle's design;
"public works" means operation of a motor vehicle owned, leased or rented by the Province, a municipality, a regional district, a transportation authority, a health authority or a school district for maintenance, landscaping or industrial purposes;
"travelled portion of a highway" means the area of a highway that has a prepared surface for vehicle operation, including the shoulder;
"worksite" means the specific location where the tools, supplies or equipment carried on or in a motor vehicle are being used, or where a utility vehicle is being used for its utility purpose unrelated to the transportation of people or property.
[en. B.C. Reg. 351/2008, Sch. s. 13.]
Section 24.01 (2) was added by BC Reg 128/2012, effective June 7, 2012.
Section 24.01 (1) definition of "vessel" was added by BC Reg 65/2017, effective March 1, 2017.
Section 24.01 (3) was added by BC Reg 65/2017, effective March 1, 2017.
Section 24.02 (1), (2) (3) and (4) BEFORE amended by BC Reg 128/2012, effective June 7, 2012.
(1) A person must not drive or operate any of the following motor vehicles on a highway except as otherwise authorized by this Division:
(a) an air cushion vehicle;
(b) a golf cart;
(c) a neighbourhood zero emission vehicle;
(d) a snow vehicle;
(e) a snowmobile;
(f) a utility vehicle.
(2) A person must not drive or operate a miniature motor vehicle on a highway except on a route that has been designated as a parade route by a local or provincial government authority.
(4) A motor vehicle being driven or operated on a highway as authorized by this Division must conform to the requirements set out in Part 3 of this Division.
Section 24.02 (2.1) and (3.1) was added by BC Reg 128/2012, effective June 7, 2012.
Section 24.03 BEFORE amended by BC Reg 128/2012, effective June 7, 2012.
Utility vehicles
24.03 (1) A person may drive or operate a utility vehicle on a highway, subject to the conditions set out in this section, for the following purposes:
(a) farming;
(b) industrial purposes;
(c) maintenance;
(d) landscaping;
(e) law enforcement, by a person exercising powers or performing duties under an enactment;
(f) transportation on a limited access island if the utility vehicle is not of a type designed to be ridden astride.
(2) If a person drives or operates a utility vehicle on a highway for a purpose set out in subsection (1), operation of the vehicle is limited to the following:
(a) crossing the highway;
(b) operation on the untravelled portion of the highway;
(c) operation on the travelled portion of the highway if the vehicle is being driven or operated
(i) on a limited access island,
(ii) within a designated area, or
(iii) within 100 m of the worksite where the vehicle is being used for the utility purpose for which it was designed.
(3) A utility vehicle driven or operated in accordance with subsection (2) (c) (iii) may be driven continuously on the travelled portion of the highway for more than 100 m only if the vehicle is being used for constructing or maintaining the portion of the highway immediately underneath the vehicle.
(4) A person who drives or operates a utility vehicle on a highway must have an operation permit for the vehicle, unless the vehicle
(a) is a fork lift or person lift, or
(b) is driven or operated
(i) in a designated area, by or on behalf of the owner or operator of the designated area,
(ii) on a highway adjoining or bisecting a designated area, if the vehicle is being used by or on behalf of the owner or operator of the designated area and the speed limit on the highway is 50 km/hr or less,
(iii) for public works on a highway where the speed limit is 50 km/hr or less,
(iv) by or on behalf of a university or college within the university or college campus,
(v) on a highway adjoining or bisecting a university or college campus, if the vehicle is being used by or on behalf of the university or college and the speed limit on the highway is 50 km/hr or less,
(vi) for law enforcement purposes, by a person exercising powers or performing duties under an enactment, or
(vii) on a highway located on a limited access island and the speed limit on the highway is 20 km/hr or less.
[en. B.C. Reg. 351/2008, Sch. s. 13.]
Section 24.03 (part) BEFORE amended by BC Reg 153/2014, effective November 17, 2014.
(4) A person who uses or operates a utility vehicle on a highway must have an operation permit for the vehicle, unless the vehicle
Section 24.05 (2.1) was added by BC Reg 234/2011, effective January 1, 2012.
Section 24.05 (3) BEFORE amended by BC Reg 234/2011, effective January 1, 2012.
(3) Unless specifically provided for in the operation permit, a person must not drive or operate a snowmobile, snow vehicle or air cushion vehicle on a highway between ½ hour after sunset to ½ hour before sunrise.
Section 24.05 BEFORE amended by BC Reg 128/2012, effective June 7, 2012.
Snowmobiles, snow vehicles and air cushion vehicles
24.05 (1) A person may drive or operate a snowmobile, snow vehicle or air cushion vehicle on a highway, subject to the conditions set out in this section.
(2) A person who drives or operates a snowmobile, snow vehicle or air cushion vehicle on a highway must have an operation permit for the snowmobile, snow vehicle or air cushion vehicle.
(2.1) Despite subsection (2) but subject to subsection (3), an operation permit is not required if a person drives or operates a snowmobile or snow vehicle across a highway in a straight line at right angles to the travelled portion of the highway from a point where traffic crossing the highway is controlled by,
(a) if the highway has a speed limit of 100 km/hr or less,
(i) a stop sign placed or erected by authority of the minister responsible for the administration of the Transportation Act, the council of a municipality or the governing body of a treaty first nation or a person authorized by any of them to exercise that authority, or
(ii) a traffic control signal, or
(b) if the highway has a speed limit of over 100 km/hr, a traffic control signal.
(3) Unless specifically provided for in an operation permit, a person must not drive or operate a snowmobile, snow vehicle or air cushion vehicle on a highway between ½ hour after sunset and ½ hour before sunrise.
[en. B.C. Reg. 351/2008, Sch. s. 13; am. B.C. Reg. 234/2011.]
Section 24.05 BEFORE amended by BC Reg 153/2014, effective November 17, 2014.
Snowmobiles, snow vehicles and air cushion vehicles
24.05 (1) A person may use or operate a snowmobile, snow vehicle or air cushion vehicle on a highway, subject to the conditions set out in this section.
(2) A person who uses or operates a snowmobile, snow vehicle or air cushion vehicle on a highway must have an operation permit for the snowmobile, snow vehicle or air cushion vehicle.
(2.1) Despite subsection (2) but subject to subsection (3), an operation permit is not required if a person uses or operates a snowmobile or snow vehicle across a highway in a straight line at right angles to the travelled portion of the highway from a point where traffic crossing the highway is controlled by,
(a) if the highway has a speed limit of 100 km/hr or less,
(i) a stop sign placed or erected by authority of the minister responsible for the administration of the Transportation Act, the council of a municipality or the governing body of a treaty first nation or a person authorized by any of them to exercise that authority, or
(ii) a traffic control signal, or
(b) if the highway has a speed limit of over 100 km/hr, a traffic control signal.
(3) Unless specifically provided for in an operation permit, a person must not use or operate a snowmobile, snow vehicle or air cushion vehicle on a highway between 1/2 hour after sunset and 1/2 hour before sunrise.
[en. B.C. Reg. 351/2008, Sch. s. 13; am. B.C. Regs. 234/2011; 128/2012, Sch. ss. 4 and 8.]
Section 24.06 BEFORE amended by BC Reg 128/2012, effective June 7/2012.
Neighbourhood zero emission vehicles
24.06 (1) A person may drive or operate a neighbourhood zero emission vehicle in unorganized areas of British Columbia
(a) on a highway or class of highway that has a speed limit of 40 km/hr or less,
(b) if authorized by a road use permit granted by the Minister of Transportation and Infrastructure under this section, on a highway or class of highway that has a speed limit of over 40 km/hr but no more than 50 km/hr, or
(c) if the vehicle is being operated in accordance with the provisions applicable to a utility vehicle as provided for in section 24.03.
(2) A person may drive or operate a neighbourhood zero emission vehicle in a municipality
(a) on a highway or class of highway that has a speed limit of 40 km/hr or less,
(b) if authorized by bylaw of the council of the municipality, on a highway or class of highway that has a speed limit of over 40 km/h but no more than 50 km/hr, or
(c) if the vehicle is being operated in accordance with the provisions applicable to a utility vehicle as provided for in section 24.03.
(3) A person who drives or operates a neighbourhood zero emission vehicle as authorized by subsection (1) or (2) may, at an intersection, cross a highway that has a speed limit that is not greater than 80 km/hr to enable the person to continue on a highway on which the person is authorized to drive or operate a neighbourhood zero emission vehicle.
(4) The Minister of Transportation and Infrastructure may, for the purposes of subsection (1) (b), grant a permit authorizing a person to drive or operate a vehicle on a highway or class of highway that has a speed limit of over 40 km/hr but no more than 50 km/hr.
[en. B.C. Reg. 351/2008, Sch. s. 13.]
Section 24.07 (2) and (3) BEFORE amended by BC Reg 128/2012, effective June 7, 2013.
(2) A neighbourhood zero emission vehicle referred to in subsection (1) may be driven or operated on a highway in accordance with this section.
(3) Sections 4.30 and 7B.02 to 7B.04 apply to a neighbourhood zero emission vehicle described in subsection (1) that is being driven or operated on a highway.
Section 24.08 (1) and (2) BEFORE amended by BC Reg 128/2012, effective June 7, 2012.
(1) A person may drive or operate a neighbourhood zero emission vehicle, snowmobile, snow vehicle, air cushion vehicle or utility vehicle on a highway at the times prescribed in subsection (3) only if
(a) the vehicle is equipped with the head lamps and tail lamps described in section 24.12, and
(b) the person illuminates the vehicle lamps.
(2) In addition to the conditions under subsection (1), a person driving or operating a utility vehicle on a highway must, if the vehicle is equipped with non-rotating red or amber lights capable of operating in flashing mode, illuminate the lights in flashing mode at all times that it is being driven or operated on a highway.
Section 24.09 (1) and (6) BEFORE amended by BC Reg 128/2012, effective June 7, 2012.
(1) If an operation permit is required for a vehicle under this Division, a person driving or operating the vehicle must operate the vehicle in accordance with the limitations and conditions specified in the operation permit.
(6) If the use of a utility vehicle includes driving or operating the vehicle on the untravelled portion of a highway in an unorganized area of British Columbia, the District Transportation Manager responsible for the transportation district where the vehicle is operated may require that additional limitations and conditions be added to the operation permit.
Section 24.09 (8) (b) BEFORE amended by BC Reg 153/2014, effective November 17, 2014.
(b) the date that is one year after the date the permit was issued.
Section 24.09 (7) (a) and (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) in the case of a municipal police force, the chief constable of the department, or his or her delegate;
(b) in the case of the R.C.M.P., the detachment commander of the detachment, or his or her designate;
Section 24.09.02 (2) (c) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(c) give to anyone sustaining loss or injury his or her name and address and the name and address of the owner of the equipment.
Section 24.11 (1) BEFORE amended by BC Reg 128/2012, effective June 7, 2012.
(1) A neighbourhood zero emission vehicle being driven or operated on a highway must conform to the requirements under the Motor Vehicle Safety Act (Canada) that applied to the vehicle at the time it was manufactured or imported into Canada.
Section 24.12 (1) and (2) BEFORE amended by BC Reg 128/2012, effective June 7, 2012.
(1) If any of the following vehicles are being driven or operated at the times prescribed in section 24.08 (3), the vehicle must be equipped with the headlamps and the tail lamps required for motorcycles under sections 4.05 [headlamps] and 4.15 [tail lamps] respectively:
(a) snowmobiles;
(b) snow vehicles;
(c) air cushion vehicles;
(d) utility vehicles.
(2) A neighbourhood zero emission vehicle being driven or operated on a highway at the times prescribed under section 24.08 (3) must be equipped with the lamps required for the vehicle by the Motor Vehicle Safety Act (Canada) at the time it was manufactured or imported into Canada.
Section 24.17 (1) BEFORE amended by BC Reg 128/2012, effective June 7, 2012.
(1) A person must not drive or operate a vehicle if the windshield or any window of the vehicle is in such condition that the vision of the driver is impaired.
Section 24.20(2) BEFORE amended by BC Reg 128/2012, effective June 7, 2012.
(2) A utility vehicle being driven or operated on the travelled portion of a highway as authorized under section 24.03 (2) (c) (iii) or (3) must be equipped with a slow moving vehicle warning device as required under section 7B.03 [warning device].
Section 24.211 definition of "NGC highway", subparagraph (a) (iii) BEFORE amended by BC Reg 113/2017, effective June 5, 2017.
(iii) has signs posted by the designated municipality indicating that the operation of neighbourhood golf carts is allowed;
Section 24.211 definition of "NGC highway", paragraph (a.1) was added by BC Reg 113/2017, effective June 5, 2017.
Section 24.211 definition of "NGC highway", subparagraph (b) (ii) BEFORE amended by BC Reg 113/2017, effective June 5, 2017.
(ii) that is immediately adjacent to a municipal highway referred to in paragraph (a);
Section 24.213 (e) BEFORE amended by BC Reg 113/2017, effective June 5, 2017.
(e) the roadway as defined in section 119 of the Act is clear of snow, ice or slush.
Section 24.214 BEFORE (a) and (b) were amended and (c) and (d) were added by BC Reg 113/2017, effective June 5, 2017.
Intersections
24.214 A person must not use a neighbourhood golf cart that is on an NGC highway to cross another highway that is not an NGC highway unless the other highway is
(a) a municipal highway that has a maximum speed limit that is 30 km/hr or less, or
(b) a municipal highway that has a maximum speed limit that is greater than 30 km/hr and equal to or less than 50 km/hr and the following requirements are met:
(i) there are signs posted by the designated municipality indicating that neighbourhood golf carts may cross at the intersection;
(ii) the intersection is controlled by a traffic control signal as defined in section 119 (1) of the Act or by 4 way stop signs.
[en. B.C. Reg. 212/2016.]
Section 25.09 (1) (a) and (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) he or she is an authorized person for that class of vehicle, and
(b) the vehicle has been inspected by him or her at a designated inspection facility for that class of vehicle.
Section 25.09 (2) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) An authorized person must not issue an inspection certificate in respect of a vehicle which he or she owns or leases or which is owned or leased by a designated inspection facility at which he or she is employed unless it is a motor vehicle for sale by a person who is a motor dealer as defined in the Motor Dealer Act.
Section 25.10 (2) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) A person who has been delegated responsibility under section 117 of the Act to register or license a motor vehicle must not register or license a motor vehicle unless he or she has received a signed inspection report that certifies that the motor vehicle has passed inspection.
Section 25.12 (1) (f) (ii) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(ii) each authorized person at the facility conducts his or her inspection in accordance with the standards and complies with section 25.13, and
Section 25.12 (3) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(3) Upon cancellation or suspension of a designation, the operator must return to the director all unissued inspection certificates and other documents given or supplied to him or her by or on behalf of the director for the purposes of this Part.
Section 25.13 (2) and (3) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) If the authorized person is satisfied that the vehicle meets the standards, he or she must place on the vehicle an inspection certificate of approval in the manner set out in section 25.07 (1).
(3) If the authorized person is not satisfied that the vehicle meets the standards, he or she may, on being satisfied that the vehicle would not present a hazard to other road users, place on the vehicle an interim inspection certificate and must indicate on the inspection report issued under subsection (1)
Section 25.13 (5) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(5) An authorized person may indicate on an inspection report issued under subsection (1) whether, in his or her opinion, the vehicle will continue to meet the standards until it is next inspected under this Division and, if not, may indicate on the report
(a) those standards by which, in his or her assessment, the vehicle may be deficient before it is next inspected under this Division, or
(b) the necessity, in his or her opinion, for repair or replacement of a part or parts of the vehicle for it to continue to meet the standards.
Section 25.14 (3) (i), (3.1), (3.2) and (3.3) were added by BC Reg 166/2019, effective September 16, 2019.
Section 25.18 (2) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) The owner of a vehicle who sells it may, with the consent of the purchaser, deliver the records of inspection, replacement and repair to the purchaser, and in that event the purchaser must retain those records as if he or she had owned the vehicle during the period covered by the records so delivered.
Section 25.22 (1) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(1) An authorized person must not issue a certificate under section 25.21 unless he or she is satisfied, and certifies on the certificate, that the vehicle complies with the Act and its regulations and is safe for use on the highway.
Section 25.29 (2) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) A person who has been delegated responsibility under section 117 of the Act to register or license a motor vehicle must not register or license a motor vehicle unless he or she has received a signed inspection report that certifies that the motor vehicle has passed inspection.
Section 25.30 (1) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(1) If a peace officer has reasonable and probable grounds to believe that a vehicle is, by reason of mechanical, structural or other defect, unsafe for use on a highway, whether or not the vehicle meets the standards prescribed under the Act, he or she may order the owner or operator of the vehicle, either immediately or within such time as is specified in the order, to do one or both of the following:
Section 25.31 BEFORE amended by BC Reg 194/2010, effective June 25, 2010.
Offences
25.31 A person who violates section 25.04 (2), (3) or (4), 25.05 (1) or (2), 25.06 (1) or (2), 25.07 (1), 25.08 (3), 25.09, 25.10, 25.11, 25.12 (1) (c) or (3), 25.13 (1) (a), (2) or (4), 25.17, 25.18, 25.21, 25.22 (1), 25.27 (1), 25.28 (a), 25.29 or 25.30 (4) commits an offence.
[en. B.C. Reg. 304/2001.]
Division 26, sections 26.04 to 26.10 BEFORE repealed by BC Reg 118/2012, effective May 31, 20120.
Procedure by judge
26.04 The procedure to be followed by a judge in dealing with any matter referred to him under section 1231 shall, mutatis mutandis, be the procedures set forth in the Offence Act for the trial of offenders under that Act.
[en. B.C. Reg. 277/68; am. B.C. Reg. 372/78, s. 1.]
Certificate of service
26.05 In any hearing under section 26.04, a certificate of service signed by a peace officer or an acknowledgment of service signed by the alleged violator, where they appear on a traffic violation report, shall be prima facie evidence of such service.
[en. B.C. Reg. 277/68.]
Proof
26.06 In any hearing under section 26.04, proof that the violation took place shall be proof beyond a reasonable doubt.
[en. B.C. Reg. 277/68.]
Undisputed violation
26.07 Where any alleged violator fails to appear on the date fixed for the hearing before a judge in the matter under section 1231, the judge shall treat the violation as not disputed and shall notify the Insurance Corporation of British Columbia.
[en. B.C. Reg. 277/68; am. B.C. Regs. 372/78, s. 1; 317/96, s. 1.]
Notice of dispute
26.08 Where, in any written notice disputing the violations contained in a traffic violation report, the notice shall contain the number and the date of service appearing on the traffic violation report.
[en. B.C. Reg. 277/68; am. B.C. Reg. 372/78, s. 2.]
Section 27.01 definitions of "instructor trainer" and "theoretical driver training" were added by BC Reg 100/2021, effective June 1, 2021.
Section 27.01 definition of "instructor training facility" BEFORE amended by BC Reg 100/2021, effective June 1, 2021.
"instructor training facility" means a person or other body approved by the Insurance Corporation of British Columbia to provide a course of training or education to qualify for a driver training instructor's licence;
Section 27.03 (3.1) BEFORE amended by BC Reg 338/2012, effective December 23, 2012.
(3.1) If a licensee is charged with an offence referred to in subsection (3) (d), the Insurance Corporation of British Columbia may delay the issue or renewal of a driver training school licence or driver training instructor's licence pending the outcome of the proceeding for the offence in order to determine whether it should act under subsection (3) (d) at that later date.
Section 27.03 (c) and (f) BEFORE amended by BC Reg 64/2017, effective March 1, 2017.
(c) the licensee fails to maintain or provide to the corporation the records required under this Division;
(f) the licensee teaches, or permits a student to be taught, the knowledge tests administered by the Insurance Corporation of British Columbia, or possesses these tests, without the consent of the corporation.
Section 27.03 (1) BEFORE amended by BC Reg 100/2021, effective June 1, 2021.
(1) A person or institute that contravenes section 27.04 (1), (2), (7) or (8), 27.05 (1), 27.06 (1), (2), (3), (9) or (11), 27.08 (3), (4) or (5), 27.09 (1), (2), (4) or (9) or 27.10 (2) (a), (b), (d), (e) or (f) commits an offence and is liable to a fine of not more than $2 000.
Section 27.04 (2) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) No person may act, or hold himself or herself out as acting, as a driver training instructor unless the person is the holder of a valid and subsisting driver training instructor's licence issued under this Division.
Section 27.05 (7) (b) BEFORE amended by BC Reg 204/2011, effective July 1, 2012.
(b) a bond of a surety licensed under the Insurance Act;
Section 27.06 (4) BEFORE amended by BC Reg 100/2021, effective June 1, 2021.
(4) A driver training school must maintain records as required by the Insurance Corporation of British Columbia for a period of 3 years, including but not limited to
(a) records of students trained, including student's name, driver's licence number, class of driver's licence, date, time and length of each lesson, name of instructor of each lesson, subject taught, type of training, and fee charged for each lesson,
(b) records of each instructor employed, including name, driver's licence number, a copy of the driver training instructor's licence, dates of refresher training given to the instructor, and
(c) records of all vehicles used for driver training by retaining a copy of each vehicle's registration and proof of insurance coverage.
Section 27.06 (4.1), (4.2) and (4.3) were added by BC Reg 100/2021, effective June 1, 2021.
Section 27.06 (5) (a) and (b) BEFORE amended by BC Reg 100/2021, effective June 1, 2021.
(a) visit premises used for operation of the driver training school,
(b) examine all records and other material and equipment used for operation of the driver training school,
Section 27.06 (5) (b.1) was added by BC Reg 100/2021, effective June 1, 2021.
Section 27.07 (1) (a) and (c) BEFORE amended by BC Reg 338/2012, effective December 23, 2012.
(a) have a driving record acceptable to the Insurance Corporation of British Columbia that shows less than 10 demerit points within the past 2 years, and no convictions under the Criminal Code concerning driving of a motor vehicle or convictions in any other jurisdiction for offences analogous to those under the Criminal Code concerning driving of a motor vehicle for 3 years before the application,
(c) provide proof of driving experience and qualification acceptable to the corporation indicating that
(i) if the application is for a Class 1, 2 or 3 driver training instructor's licence for practical driver training, the applicant holds a British Columbia Class 1, 2 or 3 driver's licence and has held one, or the equivalent driver's licence from another jurisdiction, for at least 3 years and has held a driver's licence for at least 5 years,
(ii) if the application is for a Class 4 driver training instructor's licence for practical driver training, the applicant has a Class 4 British Columbia driver's licence and has held a Class 4 or 5 driver's licence, or an equivalent driver's licence from another jurisdiction, for at least 3 years,
(iii) if the application is for a Class 5 or 7 driver training instructor's licence for practical driver training, the applicant has a British Columbia driver's licence and has held a British Columbia Class 5 driver's licence, or an equivalent driver's licence from another jurisdiction, for at least 3 years,
(iv) if the application is for a Class 6 or 8 driver training instructor's licence for practical driver training, the applicant has a British Columbia Class 6 driver's licence and has held one, or the equivalent driver's licence from another jurisdiction, for at least 3 years,
(v) if the application is for a driver training instructor's licence not covering practical driver training, the applicant has, for at least 3 years, held a British Columbia driver's licence or an equivalent driver's licence from another jurisdiction, and
(vi) if the application is for a driver training instructor's licence to teach an approved driver education course, the applicant has a British Columbia Class 5 or 6 driver training instructor's licence,
Section 27.07 (1) (b), (c) (part) and (e) BEFORE amended by BC Reg 64/2017, effective March 1, 2017.
(b) provide a police check acceptable to the corporation, and the application may be rejected if the police check indicates a conviction for an offence involving dishonesty, violence or indecency within the past 5 years,
(c) provide proof of driving experience and qualification acceptable to the corporation indicating that
(e) file a medical report acceptable to the Insurance Corporation of British Columbia if the application is for a licence to conduct practical driver training.
Section 27.07 (1) (c) (i) BEFORE amended by BC Reg 100/2021, effective June 1, 2021.
(i) if the application is for a Class 1, 2 or 3 driver training instructor's licence for practical driver training, the applicant holds a British Columbia Class 1, 2 or 3 driver's licence and has held one, or a similar driver's licence from another jurisdiction, as determined by the Insurance Corporation of British Columbia, for at least 3 years and has held a driver's licence for at least 5 years,
Section 27.07 (1) (c) (i.1) was added by BC Reg 100/2021, effective June 1, 2021.
Section 27.07 (1) (c) (v) BEFORE amended by BC Reg 100/2021, effective June 1, 2021.
(v) if the application is for a driver training instructor's licence not covering practical driver training, the applicant has, for at least 3 years, held a British Columbia driver's licence or a similar driver's licence from another jurisdiction, as determined by the Insurance Corporation of British Columbia, and
Section 27.07 (3) BEFORE amended by BC Reg 100/2021, effective June 1, 2021.
(3) An instructor training facility must not accept an applicant for training unless the applicant meets the standards and qualifications specified in this section.
Section 27.08 (1) (b) BEFORE amended by BC Reg 338/2012, effective December 23, 2012.
(b) provide, on request, a police check acceptable to the Insurance Corporation of British Columbia, and if the police check indicates a conviction for an offence described in section 27.03 (3) (d) the driver training instructor's licence may be cancelled, and
Section 27.10 (2) (e) (v) was added by BC Reg 100/2021, effective June 1, 2021.
Section 27.10 (3) was added by BC Reg 100/2021, effective June 1, 2021.
Section 28.02 BEFORE repealed by BC Reg 107/2016, effective June 1, 2016.
Division 28, Schedule, Table 1 BEFORE amended by BC Reg 97/2012, effective June 1, 2012.
| 60 | Section 194 (3) | Permit unlawfully seated passenger | |
| 61 | Section 194 (4) | Operate motorcycle more than 2 abreast |
Division 28, Schedule, Table 2, table heading BEFORE amended by BC Reg 187/2014, effective October 20, 2014.
| Motor Vehicle Act | Description of Offences | ||
Division 28, Schedule, Table 2, item 50.1 was added by BC Reg 187/2014, effective October 20, 2014.
Division 28, Schedule, Table 2, items 2, 50.1 and 51 BEFORE repealed by BC Reg 107/2016, effective June 1, 2016.
| 2 | Section 25 (10) | Failing to obey restriction on driver's licence | |
| 50.1 | Section 214.2 (1) | Use an electronic device while driving | |
| 51 | Section 214.2 (2) | Emailing or texting while driving |
Division 28, Schedule, Table 2, item 3 BEFORE amended by BC Reg 107/2016, effective June 1, 2016.
| 3 | Section 25 (15) | Drive contrary to restriction |
Division 28, Schedule, Table 2, item 8 BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
| 8 | Section 141 | Disobey flagman |
Division 28, Schedule, Table 2.1, under heading "Motor Vehicle Act Regulations", items 1 and 2 BEFORE repealed by BC Reg 235/2021, effective October 18, 2021.
| 1 | Section 30.072 (1) (a) | Use an electronic device while driving in violation of driver's licence restriction (section 25 (15) Motor Vehicle Act) | |
| 2 | Section 30.072 (1) (b) | Email or text while driving in violation of driver's licence restriction (section 25 (15) Motor Vehicle Act) |
Division 28, Schedule, Table 3, heading "Criminal Code" and item 1 under that heading were added by BC Reg 206/2018, effective October 5, 2018.
Division 28, Schedule, Table 3, item 2 under the heading "Criminal Code" was added by BC Reg 255/2018, effective December 18, 2018.
Division 28, Schedule, Table 4, items 14 and 15 under the heading "Criminal Code" BEFORE amended by BC Reg 206/2018, effective October 5, 2018.
| 14 | Section 253 (a) | Operation of motor vehicle while ability impaired by alcohol or drugs | |
| 15 | Section 253 (b) | Operation of motor vehicle with more than 80 milligrams alcohol in blood |
Division 28, Schedule, Table 4, items 15.1 and 15.2 under the heading "Criminal Code" were added by BC Reg 206/2018, effective October 5, 2018.
Division 28, Schedule, Table 4, items 20 to 36 under the heading "Criminal Code" were added by BC Reg 255/2018, effective December 18, 2018.
Division 29, sections 29.01 to 29.35 BEFORE repealed by BC Reg 59/2016, effective March 2, 2016.
Division 29 — Air Pollution Controls on Motor Vehicles
Interpretation
29.01 In this Division:
"Act" means the Motor Vehicle Act;
"crankcase" means the enclosure within a motor vehicle engine that is connected to the oil pump by internal passages through which gases and vapours may flow;
"crankcase emissions" means air contaminant emitted to the atmosphere through any opening in the crankcase;
"engine displacement" means the product expressed in litres, resulting from the multiplication of the total cross sectional area of the cylinders of the motor vehicle engine expressed in cm2, and the piston stroke expressed in cm;
"evaporative emissions" means any hydrocarbon component motor gasoline emitted to the atmosphere from the fuel tank or carburettor of a motor vehicle;
"exhaust emissions" means air contaminant emitted to the atmosphere from any opening downstream from the exhaust port of a motor vehicle engine;
"exhaust emission system" means the exhaust port, exhaust manifold, exhaust pipe, muffler, tail pipe, and the systems or devices incorporated therein or connected therewith to prevent or lessen the emission of air contaminant to the atmosphere;
"gross vehicle weight" means the manufacturer's gross weight rating;
"heavy duty vehicle" means a bus, chassis cab, multi-purpose passenger vehicle or a truck having a gross vehicle weight of more than 2 800 kg, for which a motor vehicle licence is required under this Act or the Commercial Transport Act;
"light duty vehicle" means a passenger car or any motor vehicle having a gross vehicle weight of 2 800 kg or less, for which a motor vehicle licence is required under this Act or the Commercial Transport Act;
"model" means a class of motor vehicle designed, constructed and assembled by the manufacturer for a particular purpose and designated as a model by the manufacturer during a model year;
"model year" means the annual period of manufacturing of motor vehicles in the 12 month period designated by the manufacturer or, in the absence of such designation, the 12 month period beginning on the first day of January of the year in which the manufacturer begins;
"motor vehicle engine" means the engine of a motor vehicle and includes the exhaust emission system;
"opacity" means the fraction of a beam of light, expressed as a percentage, that fails to penetrate the exhaust emission;
"system or device" means any modification of a motor vehicle or motor vehicle engine which prevents or lessens the emission of air contaminant to the atmosphere;
"ultimate purchaser" means the person to whom a motor vehicle is first sold for purposes other than resale.
[en. B.C. Reg. 229/70; am. B.C. Reg. 343/77.]
Application
29.02 (1) Subject to subsection (2), every class or type of motor vehicle or motor vehicle engine manufactured on or after January 1, 1971, for which a British Columbia motor vehicle licence is required under the Act or the Commercial Transport Act shall have installed or incorporated in it a system or device that complies with the provisions of this Division.
(2) The following classes or types of motor vehicles and motor vehicle engines are exempt form the requirements of subsection (1):
(a) motor vehicle engines having an engine displacement of less than 0.8 litres;
(b) motor vehicles with a motor vehicle engine having a displacement of less than 0.8 litres;
(d) light duty vehicles forming part of a manufacturer's total annual sales volume in British Columbia where the total annual sales volume in British Columbia of that manufacturer does not exceed 50 light duty vehicles.
[en. B.C. Reg. 229/70; am. B.C. Reg. 343/77.]
General
29.03 (1) A system or device installed on or incorporated in a motor vehicle or motor vehicle engine as required by section 29.02 shall, during the operation of the motor vehicle or motor vehicle engine, operate or function in such manner as to comply at all times with the requirements of this Division.
(a) shall not cause emission to the atmosphere of any air contaminant that would not be emitted to the atmosphere during the operation of the motor vehicle or motor vehicle engine if it were not equipped with the system or device, and
(b) shall not cause or contribute to any unsafe condition endangering persons or property.
(3) Compliance or non-compliance with the requirements of this Division shall be determined by test methods approved by the Insurance Corporation of British Columbia.
[en. B.C. Reg. 229/70; am. B.C. Reg. 413/97, App. 1, s. 2.]
Crankcase emissions
29.04 The crankcase of a gasoline or gaseous powered motor vehicle engine shall be constructed in such manner and maintained in such condition that crankcase emissions are not discharged into the atmosphere.
[en. B.C. Reg. 229/70; am. B.C. Reg. 323/92.]
Manufacturer to test vehicles
29.05 The manufacturer of any motor vehicle or motor vehicle engine on or in which a system or device is installed or incorporated, for the purpose of complying with the requirements of section 29.04, shall test or cause to be tested as many motor vehicles and motor vehicle engines as may be required to ensure that the motor vehicles or motor vehicle engines meet the requirements of section 29.04 for a period of not less than one year after the sale and delivery of the motor vehicle or motor vehicle engine to the ultimate purchaser.
[en. B.C. Reg. 229/70.]
Exhaust emissions
29.06 The hydrocarbon and carbon monoxide content of the exhaust emissions of a gasoline powered motor vehicle engine shall not exceed
(a) in the case of hydrocarbons,
(i) 2.2 grams per 1.6 vehicle km for a light duty vehicle, or
(ii) 275 parts per million by volume for a heavy duty vehicle, and
(b) in the case of carbon monoxide,
(i) 23 grams per 1.6 vehicle km for a light duty vehicle, or
(ii) 1.5% by volume for a heavy duty vehicle.
[en. B.C. Reg. 229/70; am. B.C. Reg. 343/77.]
Requirements for light or heavy vehicles
29.07 The requirements of section 29.06 apply to composite values calculated under section 29.18 from results obtained in tests of exhaust emissions from the operation of the motor vehicles and motor vehicle engines in accordance with the test procedures of
(a) section 29.08 (c) and section 29.10 for light duty vehicles, or
(b) section 29.13 (b) and section 29.14 for heavy duty vehicles.
[en. B.C. Reg. 229/70.]
Procedures for selecting, testing and inspecting — gasoline powered light duty vehicles
29.08 Procedures for selecting, testing and inspecting exhaust emission control systems or devices installed on or incorporated in a gasoline powered light duty vehicle shall be as follows:
(a) four motor vehicles of each engine displacement shall be run for emission data, except that
(i) where projected sales volume of a manufacturer of motor vehicles of such engine displacement represents less than 1/2 of 1% of the last preceding model year's total sales in British Columbia of all motor vehicles of that manufacturer, a total of 2 motor vehicles of such displacement may be tested, and
(ii) in all cases the manufacturer shall accumulate test data on a minimum of 4 motor vehicles;
(b) the motor vehicles selected under paragraph (a) and used for testing of motor vehicle engines shall be
(i) those motor vehicles in which the manufacturer usually installs such engines, and
(ii) equipped as nearly as possible with kinds and combinations of transmissions and carburettors in proportion to the number of comparable motor vehicles so equipped in the last preceding model year of the manufacturer;
(c) the motor vehicles selected under paragraph (a) for amounts of hydrocarbons and carbon monoxide in exhaust emissions shall be
(i) driven a distance of at least 6 000 km with all emission control systems or devices installed and operating, and
(ii) tested for the amounts of hydrocarbons and carbon monoxide in the exhaust emissions by running on an engine dynamometer from a cold start through 7 identical testing cycles without stalling of the motor vehicle engine and with each cycle lasting 137 seconds and including a series of periods of acceleration, deceleration, steady speed and idling;
(d) in addition to the selection of motor vehicles for testing of exhaust emissions under sections 29.09 and 29.10, the manufacturer shall, subject to section 29.11, select not fewer than 4 and not more than 12 motor vehicles for tests of durability of the systems or devices or of the exhaust emission system.
[en. B.C. Reg. 229/70; am. B.C. Reg. 343/77.]
Number of tests required
29.09 Where, pursuant to section 29.08 (b), a manufacturer makes tests of motor vehicles and installs a combination of engine and transmission systems in more than one model of motor vehicle, the manufacturer may make only one series of tests of exhaust emissions and where the combination of such engine and transmission system in any motor vehicle may increase the amount of hydrocarbons and carbon monoxide in the exhaust emissions, tests shall be carried out in respect of every motor vehicle.
[en. B.C. Reg. 229/70.]
Hydrocarbon and carbon monoxide content — light vehicle
29.10 The hydrocarbon and carbon monoxide content of the exhaust emissions referred to in section 29.08 (c) shall be
(a) measured for each period of the first 4 cycles and the last 2 cycles of the 7 testing cycles, and
(b) recorded in respect of each motor vehicle engine so that a value, expressed as grams per motor vehicle mile and representative of the hydrocarbon and carbon monoxide content in the exhaust emissions during the periods of the 6 recorded testing cycles, is obtained for that engine for the purposes of section 29.08.
[en. B.C. Reg. 229/70.]
Selection of vehicles for durability testing
29.11 (1) In the selection of motor vehicles for the testing of durability, for the purposes of section 29.08 (d), the manufacturer shall have regard to the combinations of engine displacements and transmissions, including automatic and manual transmission installations, so that the selections represent at least 70% of the number of light duty vehicles sold in British Columbia by that manufacturer during his last preceding model year.
(2) Notwithstanding subsection (1), where the number of motor vehicles sold by a manufacturer in British Columbia in the last preceding model year is less than 10% of the total sales of motor vehicles in British Columbia in the same period, the manufacturer shall have regard to the combination chosen so that the number of motor vehicles tested for durability of the systems of devices or of the exhaust emissions systems shall be not fewer than 4 and not more than 8.
(3) Every motor vehicle selected for tests under the provisions of this section shall represent at least 50% of the number of light duty vehicles sold by the manufacturer during the model year, except that in no case shall fewer than 2 motor vehicles containing each exhaust emission control system or device be tested nor shall the total number of light duty vehicles so tested be fewer than 4.
[en. B.C. Reg. 229/70.]
Requirements for durability testing
29.12 (1) Every motor vehicle selected for testing pursuant to sections 29.08 (d) and 29.11 shall be driven a distance of at least 80 000 km and tested in the manner set out in section 29.08 (c), the tests to be carried out on each motor vehicle at intervals of not more than 6 000 km, and the results from such tests shall be recorded.
(2) From the results recorded under subsection (1) values shall be calculated for the hydrocarbon and carbon monoxide content of the exhaust emissions over the whole 4 cycle test for each 6 000 km interval for each motor vehicle in the manner set out in section 29.10 and the representative values so obtained shall be used in the calculation of the factor mentioned in section 29.18.
[en. B.C. Reg. 229/70; am. B.C. Reg. 343/77.]
Procedures for selecting, testing and inspecting — gasoline powered heavy duty vehicles
29.13 Procedures for selecting, testing and inspecting exhaust emission control systems or devices installed on or incorporated in a gasoline powered heavy duty vehicle shall be as follows:
(a) two motor vehicle engines of each engine displacement emission control system combination shall be run for emission data, except that
(i) where projected sales volume of a manufacturer of motor vehicles of such engine displacement represents less than 1/2 of 1% of the last preceding model year's total sales in British Columbia of all motor vehicle engines of that manufacturer, only one motor vehicle engine is required to be tested for that displacement emission control system combination, and
(ii) in all cases the manufacturer shall accumulate test data on a minimum of 2 motor vehicle engines;
(b) the motor vehicle engines selected for testing under paragraph (a) for amounts of hydrocarbons and carbon monoxide in exhaust emissions shall be
(i) operated a minimum of 125 hours on an engine dynamometer with all exhaust emission control systems or devices installed and operating, after which time the engine shall be switched off for at least one hour, and
(ii) tested for the amounts of hydrocarbons and carbon monoxide in the exhaust emissions, after idling for an initial 5 minute period, running through 4 identical testing cycles, with each cycle lasting 300 seconds, and including a series of periods of acceleration, deceleration, steady speed and idling;
(c) in addition to the selection of combinations of motor vehicle engines and exhaust emission control systems or devices for the testing of exhaust emissions under paragraph (b), the manufacturer shall, subject to section 29.15, select not fewer than 2 and not more than 6 combinations of motor vehicle engines and exhaust emission control systems or devices for tests of durability of the systems or devices or of the exhaust emission system.
[en. B.C. Reg. 229/70.]
Hydrocarbon and carbon monoxide content — heavy vehicles
29.14 The hydrocarbon and carbon monoxide content of the exhaust emissions referred to in section 29.13 (b) shall be
(a) measured for each period for the 4 testing cycles, and
(b) recorded in respect of each motor vehicle engine, so that a value, expressed as grams per motor vehicle kilometre, representative of the hydrocarbon and carbon monoxide content in the exhaust emissions during the periods of the 4 testing cycles, is obtained for that engine for the purposes of section 29.13.
[en. B.C. Reg. 229/70; am. B.C. Reg. 343/77.]
Selection of vehicles for testing
29.15 (1) In the selection of combinations of motor vehicle engines and exhaust emission control systems or devices for the testing of exhaust emissions for the purposes of section 29.13 (c), the manufacturer shall make selections representing at least 70% of the number of gasoline powered heavy duty vehicle engines sold in British Columbia by that manufacturer during his last preceding model year.
(2) Notwithstanding subsection (1), where the number of gasoline powered heavy duty motor vehicle engines sold by a manufacturer in British Columbia in the last preceding model year is less than 10% of the total sales of gasoline powered heavy duty motor vehicle engines in British Columbia in the same period, the manufacturer shall have regard to the combinations so chosen so that the number of engines tested for durability of the systems or devices or of the exhaust emission systems shall represent at least 50% of the number of gasoline powered heavy duty motor vehicle engines sold by the manufacturer during such model year, except that in no case shall the total number of such motor vehicle engines so tested be fewer than 2.
[en. B.C. Reg. 229/70.]
Length of test
29.16 (1) Every combination of motor vehicle engines and exhaust emission control systems or devices selected for testing pursuant to section 29.13 (c) and section 29.15 shall be driven on an engine dynamometer for at least 1 500 hours and tested in the manner set out in section 29.13 (b), the tests to be carried out on each motor vehicle engine at intervals of not more than 125 hours and the results from such tests shall be recorded.
(2) From the results recorded under subsection (1) values shall be calculated for the hydrocarbon and carbon monoxide content of the exhaust emissions over the whole 4 cycle test for each 125 hours interval for each motor vehicle engine in the manner set out in section 29.14 and the representative values so obtained shall be used in the calculation of the factor mentioned in section 29.18.
[en. B.C. Reg. 229/70.]
Composite value required
29.17 (1) Where, pursuant to the provisions of this Division, recording is made of results of tests for amount of hydrocarbons and carbon monoxide in exhaust emissions in respect of any motor vehicle or motor vehicle engine, 2 composite values, one for hydrocarbons and one for carbon monoxide, shall be determined under section 29.18 for each
(a) engine displacement, in the case of a light duty vehicle, and
(b) combination of engine displacement and exhaust emission control system or device, in the case of a heavy duty vehicle.
(2) The composite values referred to in subsection (1) shall take into account factors of deterioration in efficiency of the system or device installed thereon or incorporated therein resulting from the use of such motor vehicle or motor vehicle engine, in accordance with the procedure set out in section 29.18.
[en. B.C. Reg. 229/70.]
Procedure for calculation of composite value
29.18 The procedure for the calculation of the composite value of hydrocarbons and carbon monoxide in the exhaust emissions shall be as follows:
(a) for each exhaust emission control system or device, 2 deterioration factors, one for hydrocarbons and one for carbon monoxide, shall be determined by using the results obtained pursuant to section 29.12 or section 29.16 and
(i) plotting 2 graphs, one for hydrocarbons and one for carbon monoxide, of motor vehicle mileage in the case of a light duty vehicle and hours of operation in the case of a heavy duty vehicle against exhaust emission levels for each emission control system or device so tested,
(ii) drawing a straight line by the method of least squares as near as possible to the points plotted on each graph, and
(iii) calculating the deterioration factors in respect of hydrocarbons and carbon monoxide for deterioration in efficiency for each exhaust emissions control system or device in accordance with
(A) in case of a light duty vehicle, the formula
| factor = | exhaust emissions interpolated to 80 000 km |
| exhaust emissions interpolated to 6,000 km |
and
(B) in the case of a heavy duty vehicle, the formula
| factor = | exhaust emissions interpolated to 1 500 hours |
| exhaust emissions interpolated to 125 hours |
(b) the exhaust emission test results of sections 29.08 (c) and 29.10 orsections 29.13 (b) and 29.14 shall be multiplied by the appropriate factor determined in paragraph (a) for hydrocarbons or carbon monoxide for the particular exhaust emission control system or device installed;
(c) for each engine displacement, the results obtained under paragraph (b) shall be weighted in proportion to the projected sales of the motor vehicle represented by each test motor vehicle or test motor vehicle engine;
(d) for each engine displacement, the weighted results obtained under paragraph (c) shall be averaged;
(e) for each engine displacement, the exhaust emissions to be compared with the standard of section 29.06 shall be the averaged values for hydrocarbons and carbon monoxide obtained under paragraph (d).
[en. B.C. Reg. 229/70; am. B.C. Reg. 343/77.]
Opacity
29.19 The opacity of the exhaust emissions of a diesel powered heavy duty vehicle shall not exceed
(a) 40% during the acceleration mode, and
(b) 20% during the lugging mode.
[en. B.C. Reg. 229/70.]
Application to composite value
29.20 The requirements of section 29.19 apply to composite values calculated under section 29.26 from results obtained in tests of exhaust emissions from the operation of the motor vehicle engines in accordance with the test procedures of sections 29.21 (b) and 29.22.
[en. B.C. Reg. 229/70.]
Procedures for selecting, testing and inspecting — diesel powered heavy duty vehicles
29.21 Procedures for selecting, testing and inspecting exhaust emission control systems or devices installed on or incorporated in a diesel powered heavy duty vehicle shall be as follows:
(a) the manufacturer shall divide his production of such motor vehicles into engine groups, each group consisting of
(i) a specific combination of combustion cycle,
(ii) cylinder configuration and dimensions, and
(iii) method of air aspiration and fuel feed,
and shall select from each group for testing of opacity of exhaust emissions 2 motor vehicle engines that feature the highest fuel feed per stroke, primarily at the speed of maximum torque and secondarily at rated speed;
(b) the diesel motor vehicle engine selected for testing under paragraph (a) for opacity of exhaust emissions shall be
(i) operated on an engine dynamometer for at least 125 hours with the dynamometer and engine adjusted so that the engine is operating at 95 to 100% of rated speed and at 95 to 100% of maximum rated horsepower,
(ii) preconditioned by being operated for 10 minutes at a maximum rated horsepower immediately after the engine has operated as required in subparagraph (i), and
(iii) tested for opacity of exhaust emissions by being operated through 3 cycles, each consisting of periods of accelerating and lugging, with a 5 minute period of idling between each cycle;
(c) in addition to the selection of diesel powered motor vehicle engines for testing of opacity of exhaust emissions under paragraph (b), the manufacturer shall, subject to section 29.26, select from each group mentioned in paragraph (a), for tests of durability and lifetime opacity of exhaust emissions, one such motor vehicle engine that features the highest fuel feed per stroke primarily at rated speed and secondarily at the speed of maximum torque.
[en. B.C. Reg. 229/70.]
Opacity
29.22 The opacity of the exhaust emissions referred to in section 29.21 (b) shall be recorded during the whole of each of the 3 cycles, and from these records, values representative of the opacity of the exhaust emissions during the 3 acceleration periods and 3 lugging periods shall be obtained for the purposes of section 29.26.
[en. B.C. Reg. 229/70.]
Number of tests required
29.23 (1) In the selection of engine groups for the testing of opacity of exhaust emissions, for the purposes of section 29.21 (c), where the number of diesel powered heavy duty motor vehicle engines sold by a manufacturer in British Columbia in the last preceding model year is less than 5% of the total sales of diesel powered heavy duty motor vehicle engines in British Columbia in the same period, the manufacturer shall not be required to test more than 4 motor vehicle engines.
(2) The engines selected for tests under the provisions of this section shall be selected from the groups of motor vehicle engines in order of projected sales volume and shall
(a) represent as many groups as possible,
(b) include at least one diesel motor vehicle engine using each combustion cycle, and
(c) include one diesel motor vehicle engine using each method of air aspiration included in the projected production of the manufacturer.
[en. B.C. Reg. 229/70.]
Length of test
29.24 (1) Every diesel powered motor vehicle engine selected for testing pursuant to sections 29.21 (c) and 29.23 shall be driven on an engine dynamometer for at least 1 000 hours with the dynamometer and the motor vehicle engine so adjusted that the motor vehicle engine is operating at 95 to 100% of rated speed and at 95 to 100% of maximum rated horsepower and tested in the manner set out in section 29.21 (b), the tests to be carried out on each motor vehicle engine at intervals of not more than 125 hours, and the results from such tests shall be recorded.
(2) From the results recorded under subsection (1) values shall be calculated for the opacity of exhaust emissions over the whole 3 cycle test for each 125 hour interval for each motor vehicle engine in the manner set out in section 29.22 and the representative values so obtained shall be used in the calculation of the factor mentioned in section 29.26.
[en. B.C. Reg. 229/70.]
Composite value required
29.25 Where, pursuant to the provisions of this Division, recording is made of results of tests for the opacity of exhaust emissions in respect of any diesel powered heavy duty motor vehicle engine, composite values for acceleration and lugging modes shall be determined, under section 29.26 for each group of such motor vehicle engines, taking into account factors of deterioration in efficiency of the system or device installed thereon or incorporated therein resulting from the use of such motor vehicle engines, in accordance with the procedure set out in section 29.26.
[en. B. C. Reg. 229/70.]
Procedure for calculation of composite value
29.26 The procedure for the calculation of the composite value of opacity during the acceleration mode and the lugging mode shall be as follows:
(a) for each motor vehicle engine tested, 2 emission deterioration factors, one for the acceleration mode and one for the lugging mode, shall be determined by using the results obtained pursuant to section 29.29, and
(i) plotting 2 graphs, one for the acceleration mode and one for the lugging mode, of hours of operation against the percentage of opacity during the relevant mode for each engine so tested,
(ii) drawing a straight line by the method of least squares as near as possible to the points plotted on each graph, and
(iii) calculating the deterioration factors in respect of the acceleration mode and the lugging mode for deterioration in efficiency of the system or device for each motor vehicle engine in accordance with the formula
| percentage opacity interpolated to 1 000 hours | ||
| factor | = | minus |
| percentage opacity interpolated to 125 hours | ||
(b) for each group of such motor vehicle engines, the exhaust emission test results from each of the 2 motor vehicle engines tested under sections 29.21 (b) and 29.22 shall be added to the appropriate factor determined under paragraph (a) for the acceleration mode or the lugging mode of the appropriate motor vehicle engine representing that group, or, if that group is not represented, shall be added to the appropriate factor of the motor vehicle engine tested under sections 29.21 (b) and 29.22, having the same combustion cycle and the same method of air aspiration and, as near as possible, the same fuel feed per stroke;
(c) for each group of motor vehicle engines, the opacity values to be compared with the standard of section 29.19 shall be the averaged opacity values of the 2 motor vehicle engines of that group obtained under paragraph (b).
[en. B.C. Reg. 229/70.]
Evaporative emissions
29.27 The evaporative emissions from a light duty vehicle shall not exceed 6 grams of hydrocarbons per test.
[en. B.C. Reg. 229/70.]
Application to composite value
29.28 The requirements of section 29.27 apply to a composite value calculated under section 29.35 from results obtained in tests of evaporative emissions from the operation of a motor vehicle in accordance with the test procedures set out in section 29.29 (c) and sections 29.30 and 29.31.
[en. B.C. Reg. 229/70.]
Procedures for selecting, testing and inspecting — motor vehicles
29.29 Procedures for selecting, testing and inspecting evaporative emission control systems or devices installed on or incorporated in a motor vehicle to prevent or lessen the emission into the atmosphere of evaporative emissions from the operation of the motor vehicle shall be as follows:
(a) four motor vehicles of each engine displacement shall be run for emission data, except that
(i) where projected sales volume of a manufacturer of motor vehicles of such engine displacement represents less than 1/2 of 1% of the last preceding model year's total sales in British Columbia of all motor vehicles of that manufacturer, a total of 2 motor vehicles of such displacement are required to be tested, and
(ii) in all cases, the manufacturer shall accumulate test data on a minimum of 4 motor vehicles;
(b) the combinations of motor vehicles and motor vehicle engines selected under paragraph (a) and used for the testing of evaporative emissions shall
(i) be those combinations usually produced for sale by the manufacturer, and
(ii) be equipped as nearly as possible with kinds and combinations of transmissions and carburettors in proportion to the number of comparable motor vehicles so equipped in the last preceding model year of the manufacturer;
(c) the motor vehicles selected for testing under paragraph (a) for amounts of evaporative emissions shall be
(i) driven a distance of at least 6 000 km with all evaporative emission control systems or devices installed and operating, and
(ii) tested for the amounts of evaporative emissions as prescribed in section 29.30;
(d) in addition to the selection of motor vehicles for testing of evaporative emissions under paragraphs (b) and (c) and section 29.30, the manufacturer shall, subject to section 29.35, select not fewer than 4 and not more than 12 motor vehicles for tests of durability of the evaporative emission control systems or devices and in the selection the manufacturer shall have regard to the combinations of engine displacements and transmissions, including automatic and manual transmission installations, so that the selections represent at least 70% of the number of light duty vehicles sold in British Columbia by that manufacturer during his last preceding model year.
[en. B.C. Reg. 229/70; am. B.C. Reg. 343/77.]
Test sequence
29.30 Each test pursuant to section 29.29 shall consist of 3 parts which shall be performed in sequence and without any interruption between each part, by
(a) installing previously weighted hydrocarbon vapour collection devices on all fuel system external vents, then heating, by artificial means, the fuel in the tank of the motor vehicle to a temperature between 28° and 30° C, over a period of not less than 50 minutes and not more than 70 minutes, after which time the motor vehicle shall be moved on to a dynamometer,
(b) running the motor vehicle on an engine dynamometer from a cold start through 9 identical testing cycles without stalling of the motor vehicle engine and with each cycle lasting 137 seconds and including a series of periods of acceleration, deceleration, steady speeds and idling, and
(c) permitting the motor vehicle to stand for a period of one hour at an ambient temperature between 24° and 30° C, after which time the hydrocarbon vapour collection devices shall be removed from the motor vehicle and sealed.
[en. B.C. Reg. 229/70; am. B.C. Reg. 343/77.]
Evaporative emissions
29.31 The evaporative emissions of section 29.29 (c) shall be obtained by reweighing the previously weighted hydrocarbon vapour collection devices and the increase of weight of such devices shall be recorded in respect of each motor vehicle so that a value, expressed as grams of hydrocarbons per test, is obtained for that motor vehicle and motor vehicle engine for the purposes of section 29.35.
[en. B.C. Reg. 229/70.]
Number of tests required
29.32 In the selection of motor vehicles for the testing of evaporative emissions, for the purposes of section 29.29 (d), where the number of motor vehicles sold by a manufacturer in British Columbia in the last preceding model year is less than 10% of the total sales of motor vehicles in British Columbia in the same period, the manufacturer shall have regard to the combination chosen so that the number of motor vehicles tested for durability of the evaporative emission control systems or devices shall be not fewer than 4 and not more than 8 and shall represent at least 50% of the number of light duty vehicles sold by the manufacturer during such model year.
[en. B. C. Reg. 229/70.]
Length of test
29.33 (1) Every motor vehicle selected for testing pursuant to sections 29.29 (d) and 29.32 shall be driven a distance of at least 80 000 km and tested in the manner set out in section 29.30, the tests to be carried out on each motor vehicle at intervals of not more than 6 000 km, and the results from such tests shall be recorded.
(2) From the results recorded under subsection (1), values shall be calculated for the evaporative emissions during each test for each 6 000 km interval for each motor vehicle in the manner set out in section 29.31 and the representative values so obtained shall be used in calculation of the factor mentioned in section 29.35.
[en. B.C. Reg. 229/70; am. B.C. Reg. 343/77.]
Composite value required
29.34 Where, pursuant to the provisions of this Division, recording is made of results of test for amounts of evaporative emissions in respect of any motor vehicle or motor vehicle engine, a composite value shall be determined under the provisions of section 29.35 for each engine displacement, which composite value shall take into account factors of deterioration in efficiency of the system or device installed thereon or incorporated therein resulting from the use of such motor vehicle or motor vehicle engine, in accordance with the procedure set out in section 29.35.
[en. B.C. Reg. 229/70.]
Procedure for calculation of composite value
29.35 The procedure for the calculation of the composite value of the evaporative emissions shall be as follows:
(a) for each combination of exhaust emission control systems or devices and evaporative emission control systems or devices, an evaporative emission deterioration factor shall be determined by using the results obtained pursuant to section 29.33 and
(i) plotting a graph for each combination of exhaust emission control systems or devices and evaporative emission control systems or devices of motor vehicle mileage against the evaporative emission values so obtained,
(ii) drawing a straight line by the method of least squares as near as possible to the points plotted on each graph, and
(iii) calculating the deterioration factor in respect of evaporative emissions for deterioration in efficiency for each combination of exhaust emission control systems or devices and evaporative emission control systems or devices in accordance with the formula
| evaporated emissions interpolated to 80 000 km | ||
| factor | = | minus |
| evaporated emissions interpolated to 6 000 km | ||
(b) the evaporative emission test results from each motor vehicle tested under sections 29.29 (a), 29.30 and 29.31 shall be added to the appropriate factor determined in paragraph (a) for the particular engine displacement of that motor vehicle;
(c) for each engine displacement, the results obtained under paragraph (b) for each motor vehicle in that engine displacement class shall be weighted in proportion to the projected sales of the motor vehicles represented by each test motor vehicle;
(d) for each engine displacement, the weighted results obtained paragraph (c) shall be averaged;
(e) for each engine displacement, the evaporative emissions to be compared with the standard of section 29.27 shall be the averaged value for evaporative emissions obtained in paragraph (d).
[en. B.C Reg. 229/70; am. B.C. Reg. 343/77.]
Section 30.01 (2) (c) and (d) BEFORE amended by BC Reg 308/2009, effective February 1, 2010.
(c) Class 7 licence, subject to the applicable condition under section 30.10 (4) and restriction under section 30.11 (1), permits operation of
(d) Class 7L licence is a learner's licence that, subject to the applicable conditions and restrictions under sections 30.06 (1) and (2), 30.07 (3), 30.09 (3), 30.10 (2), and 30.11 (1), permits operation of a motor vehicle or combination of vehicles for which a Class 7 licence is required;
Section 30.01 definition of "immediate family member" BEFORE amended by BC Reg 132/2010, effective June 4, 2010.
"immediate family member" means a spouse, parent, grandparent, child, sibling, step-parent, step-grandparent, step-child, step-brother, step-sister, foster parent, foster grandparent, foster child, foster brother or foster sister;
Section 30.01 (2) (g), (h), (i) and (j) BEFORE amended by BC Reg 120/2012, effective May 31, 2012.
(g) Class 5 licence permits operation of a motor vehicle or combination of vehicles for which a Class 7 licence is required;
(h) Class 5L licence is a learner's licence that, subject to the applicable conditions and restrictions under sections 30.06 (1) and 30.09 (8) and (9), permits operation of a motor vehicle or combination of vehicles for which a Class 5 licence is required;
(i) Class 4 licence permits operation of
(i) a motor vehicle or combination of vehicles for which a Class 5 licence is required,
(ii) an ambulance or taxi, or
(iii) a school bus, a special activity bus, a special vehicle or a bus with a seating capacity of not more than 25 persons including the driver;
(j) Class 4L licence is a learner's licence that, subject to the applicable condition and restriction under section 30.06 (1) and (10), permits operation of a motor vehicle or combination of vehicles for which a Class 4 licence is required;
Section 30.01 (3) was added by BC Reg 120/2012, effective May 31, 2012.
Section 30.01 (2) (c) (part) and (d) BEFORE amended by BC Reg 235/2021, effective October 18, 2021.
(c) Class 7 licence, subject to the applicable conditions and restrictions under sections 30.072, 30.10 (4) and 30.11 (1), permits operation of
(d) Class 7L licence is a learner's licence that, subject to the applicable conditions and restrictions under sections 30.06 (1) and (2), 30.07 (3), 30.072, 30.09 (3), 30.10 (2), and 30.11 (1), permits operation of a motor vehicle or combination of vehicles for which a Class 7 licence is required;
Section 30.01 (1) definition of "immediate family member" BEFORE amended by BC Reg 76/2022, effective March 30, 2022.
"immediate family member" means a spouse, parent, grandparent, child, grandchild, sibling, step-parent, step-grandparent, step-child, step-grandchild, step-brother, step-sister, foster parent, foster grandparent, foster child, foster grandchild, foster brother or foster sister;
Section 30.05 BEFORE amended by BC Reg 338/2012, effective December 23, 2012.
Minimum driving experience, skills and other qualifications
30.05 (1) An applicant for a Class 1, 2, 3 or 4 licence must
(a) hold a valid and subsisting Class 1L, 2L, 3L or 4L licence, as the case may be,
(b) have held a class 1, 2, 3 or 4 licence, as the case may be, or
(c) hold or have held an equivalent class of driver's licence from another jurisdiction and have at least 2 years of non-learner driving experience.
(2) An applicant for a Class 1L, 2L, 3L or 4L licence must
(a) have a driving record that shows
(i) fewer than 4 convictions for offences listed in the Schedule to Division 28 or convictions in another jurisdiction for analogous offences in the 2 years prior to the application, and
(ii) no convictions for the Criminal Code offences listed in the Schedule to Division 28 or convictions in another jurisdiction for analogous offences in the 3 years prior to the application, and
(b) either
(i) hold or have held a Class 1, 2, 3, 4, 5 or 6 licence, or
(ii) hold or have held a licence, equivalent to a Class 1, 2, 3, 4, 5, 6, 7 or 8 licence, issued by another jurisdiction and have at least 2 years of non-learner driving experience.
(3) An applicant for a Class 5 licence must
(a) hold or have held a Class 1, 2, 3 or 4 licence,
(b) have held a Class 5 licence,
(c) hold or have held a Class 7 licence issued before October 6, 2003 and have at least 18 months of non-learner driving experience, unless paragraph (c.1) or (c.2) applies,
(c.1) have held a Class 7 licence issued before October 6, 2003, and, if the applicant is, on that date, subject to a prohibition or suspension
(i) under section 93, 94.1, 98, 99, 100, or 232 of the Act, or
(ii) resulting from a conviction for a motor vehicle related Criminal Code offence, or from a conviction in any other jurisdiction for an offence that is analogous to a motor vehicle related Criminal Code offence,
have non-learner driving experience accumulated before the commencement of the prohibition or suspension, plus non-learner driving experience accumulated after the end of the prohibition or suspension that is uninterrupted by a prohibition or suspension referred to in subparagraph (i) or (ii), totalling at least 24 months,
(c.2) have held a Class 7 licence issued before October 6, 2003, and if the applicant is, on or after that date, prohibited or suspended
(i) under section 93, 94.1, 98, 99, 100, or 232 of the Act, or
(ii) as a result of a conviction for a motor vehicle related Criminal Code offence, or of a conviction in any other jurisdiction for an offence that is analogous to a motor vehicle related Criminal Code offence,
have at least 24 months of non-learner driving experience accumulated after the end of the prohibition or suspension that is uninterrupted by a prohibition or suspension referred to in subparagraph (i) or (ii),
(c.3) hold or have held a Class 7 licence issued on or after October 6, 2003, and have at least 24 months of non-learner driving experience that is uninterrupted by a prohibition or suspension
(i) under section 93, 94.1, 98, 99, 100, or 232 of the Act, or
(ii) as a result of a conviction for a motor vehicle related Criminal Code offence, or of a conviction in any other jurisdiction for an offence that is analogous to a motor vehicle related Criminal Code offence
unless paragraph (c.1) or (c.2) applies,
(d) hold or have held a licence, equivalent to a Class 1, 2, 3, 4, 5 or 7 licence, issued by another jurisdiction and have at least 2 years of non-learner driving experience, or
(e) hold a valid and subsisting Class 5L licence.
(f) Repealed. [B.C. Reg. 354/2003, Sch. s. 3 (e).]
(4) An applicant for a Class 5L licence must
(a) hold or have held a Class 1, 2, 3, 4, 5 or 6 licence, or
(b) hold or have held a licence, equivalent to a Class 1, 2, 3, 4, 5, 6, 7 or 8 licence, issued by another jurisdiction and have at least 2 years of non-learner driving experience.
(5) An applicant for a Class 6 licence must
(a) have held a Class 6 licence,
(b) hold or have held a Class 8 licence issued before October 6, 2003 and have at least 18 months of non-learner driving experience, unless paragraph (b.1) or (b.2) applies,
(b.1) have held a Class 8 licence issued before October 6, 2003, and, if the applicant is, on that date, subject to a prohibition or suspension
(i) under section 93, 94.1, 98, 99, 100, or 232 of the Act, or
(ii) resulting from a conviction for a motor vehicle related Criminal Code offence, or from a conviction in any other jurisdiction for an offence that is analogous to a motor vehicle related Criminal Code offence,
have non-learner driving experience accumulated before the commencement of the prohibition or suspension, plus non-learner driving experience accumulated after the end of the prohibition or suspension that is uninterrupted by a prohibition or suspension referred to in subparagraph (i) or (ii), totalling at least 24 months,
(b.2) have held a Class 8 licence issued before October 6, 2003, and if the applicant is, on or after that date prohibited or suspended
(i) under section 93, 94.1, 98, 99, 100, or 232 of the Act, or
(ii) as a result of a conviction for a motor vehicle related Criminal Code offence, or of a conviction in any other jurisdiction for an offence that is analogous to a motor vehicle related Criminal Code offence,
have at least 24 months of non-learner driving experience accumulated after the end of the prohibition or suspension that is uninterrupted by a prohibition or suspension referred to in subparagraph (i) or (ii),
(b.3) hold or have held a Class 8 licence issued on or after October 6, 2003, and have at least 24 months of non-learner driving experience that is uninterrupted by a prohibition or suspension
(i) under section 93, 94.1, 98, 99, 100, or 232 of the Act, or
(ii) as a result of a conviction for a motor vehicle related Criminal Code offence, or of a conviction in any other jurisdiction for an offence that is analogous to a motor vehicle related Criminal Code offence
unless paragraph (b.1) or (b.2) applies,
(c) hold or have held a licence, equivalent to a Class 6 or 8 licence, issued by another jurisdiction and have at least 2 years of non-learner driving experience, or
(d) hold a valid and subsisting Class 6L licence.
(e) Repealed. [B.C. Reg. 354/2003, Sch. s. 3 (j).]
(6) An applicant for a Class 6L licence must
(a) hold or have held a Class 1, 2, 3, 4, 5 or 6 licence, or
(b) hold or have held a licence, equivalent to a Class 1, 2, 3, 4, 5, 6, 7 or 8 licence, issued by another jurisdiction and have at least 2 years of non-learner driving experience.
(7) An applicant for a Class 7 licence must
(a) hold a valid and subsisting Class 7L licence,
(b) have held a Class 7 licence, or
(c) hold or have held a licence, equivalent to a Class 7 licence, issued by another jurisdiction.
(8) An applicant for a Class 8 licence must
(a) hold a valid and subsisting Class 8L licence,
(b) have held a Class 8 licence, or
(c) hold or have held a licence, equivalent to a Class 8 licence, issued by another jurisdiction.
(9) An applicant for a Class 8L licence must
(a) hold a valid and subsisting Class 7 licence, or
(b) hold a valid and subsisting Class 7L licence.
(10) Repealed. [B.C. Reg. 270/2000, s. 2.]
(11) The qualifications and requirements set out in subsections (1) to (9) are in addition to and not in place of any other requirement, restriction or condition imposed under the Act or the regulations for the application.
[en. B.C. Reg. 257/98, App. 1, s. 6; am. B.C. Regs. 158/99; 270/2000, s. 2; 354/2003, Sch, s. 3.]
Section 30.06 (1) (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(b) holds a valid and subsisting driver's licence, other than a learner's licence or a Class 7 licence, of a class that permits him or her to operate a motor vehicle of that category, and
Section 30.06 (1.1) (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(b) holds a valid and subsisting driver's licence, other than a learner's licence or a Class 7 licence, of a class that permits him or her to operate a motor vehicle of that category, and
Section 30.06 (4) (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(b) holds a valid and subsisting driver's licence, other than a learner's licence or a Class 8 licence, of a class that permits him or her to operate a motorcycle.
Section 30.06 (4.1) (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(b) holds a valid and subsisting driver's licence, other than a learner's licence or a Class 8 licence, of a class that permits him or her to operate a motorcycle.
Section 30.06 (10) (b) and (c) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(b) a person who is at least 19 years of age and holds a valid and subsisting driver's licence of a class that permits him or her to operate a motor vehicle of the appropriate category with passengers, or
(c) a person being trained to operate a motor vehicle of the appropriate category who holds a learner's licence that permits him or her to operate a motor vehicle of that category.
Section 30.071 (1) (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(b) holds a valid and subsisting driver's licence, other than a learner's licence or a Class 7 licence, of a class that permits him or her to operate a motor vehicle of that category, and
Section 30.072 BEFORE repealed by BC Reg 235/2021, effective October 18, 2021.
Restriction on use of electronic device while driving
30.072 (1) Subject to subsection (2), a person to whom a Class 7 or 7L licence is issued must not
(a) use an electronic device within the meaning of Part 3.1 of the Act while driving or operating a motor vehicle on a highway, or
(b) without limiting paragraph (a), communicate by means of an electronic device with another person or another device by electronic mail or other text-based message while driving or operating a motor vehicle on a highway.
(2) Subsection (1) does not apply to a person referred to in that subsection if the person uses the electronic device
(a) while operating a motor vehicle that is safely parked off the roadway or is lawfully parked on the roadway and not impeding traffic, or
(b) to call or send a message to a police force, fire department or ambulance service about an emergency.
[en. B.C. Reg. 308/2009, Sch. 2, s. 1 (d).]
Section 30.08 (1) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(1) Subject to the exceptions set out in subsection (3), a person to whom a Class 6L or 8L licence is issued must not operate a motorcycle at a speed exceeding 60 km/hr until he or she has successfully completed a road skills test required by the Insurance Corporation of British Columbia for that purpose.
Section 30.09 (2), (4) and (6) BEFORE amended by BC Reg 338/2012, effective December 23, 2012.
(2) The waiting period set out in subsection (1) does not apply if the person has held a Class 6 licence or a licence, equivalent to a Class 6 or 8 licence, issued by another jurisdiction.
(4) The waiting period referred to in subsection (3) does not apply if the person has held a Class 7 licence or a licence, equivalent to a Class 5 or 7 licence, issued by another jurisdiction.
(6) The waiting period set out in subsection (5) does not apply if the person has held a Class 8 licence or a licence, equivalent to a Class 6 or 8 licence, issued by another jurisdiction.
Section 30.09 (3) (a) and (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) until he or she has accumulated 6 months of learner driving experience, if the Class 7L licence is issued before October 6, 2003, or
(b) until he or she has accumulated one year of learner driving experience, if the Class 7L licence is issued on or after October 6, 2003.
Section 30.09 (5) (a) and (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) until he or she has accumulated 6 months of learner driving experience, if the Class 8L licence is issued before October 6, 2003, or
(b) until he or she has accumulated one year of learner driving experience, if the Class 8L licence is issued on or after October 6, 2003.
Section 30.11 (1) and (2) (part) BEFORE amended by BC Reg 205/2018, effective October 17, 2018.
(1) A person who holds a Class 7L, 8L, 7 or 8 licence must not operate a motor vehicle while having alcohol in his or her body.
(2) For the purposes of section 90.3 of the Act, the following devices are prescribed:
Section 30.11 (3) and (4) were added by BC Reg 205/2018, effective October 17, 2018.
Section 30.11 (3) BEFORE amended by BC Reg 180/2020, effective July 13, 2020.
(3) For the purposes of section 90.3 of the Act, the following equipment, when used together, is approved drug screening equipment:
Section 30.12 (2) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) Despite subsection (1) the person holding a licence on which a restriction under that subsection is imposed may apply to have the restriction removed from his or her licence by undertaking and successfully completing the appropriate fitness and ability tests under section 25 (3) of the Act for the other kinds of motorcycles that the person wishes to operate.
Section 30A.02 BEFORE amended by BC Reg 338/2012, effective December 23, 2012.
Driver's licence testing exemptions
30A.02 (1) A foreign representative or spouse of a foreign representative who applies for a Class 5 licence, and who holds a licence issued by another jurisdiction that the Insurance Corporation of British Columbia considers is equivalent to a Class 1, 2, 3, 4, 5 or 7 licence, is exempt from
(a) the requirement to submit to tests required under section 25 (3) (a) of the Act [application for licence], and
(b) the requirement to provide proof of driving experience under section 30.05 (3) (d) of this regulation [minimum driving experience, skills and other qualifications].
(2) A dependent of a foreign representative who applies for a Class 5 licence and who
(a) holds a licence issued by another jurisdiction that the Insurance Corporation of British Columbia considers is equivalent to a Class 1, 2, 3, 4, 5 or 7 licence, and
(b) has at least 2 years of non-learner driving experience,
is exempt from the requirement to submit to tests required under section 25 (3) (a) of the Act [application for licence].
(3) A dependent of a foreign representative who applies for a Class 7 licence and who
(a) holds a licence issued by another jurisdiction that the Insurance Corporation of British Columbia considers is equivalent to a Class 1, 2, 3, 4, 5 or 7 licence, and
(b) has fewer than 2 years of non-learner driving experience
is exempt from the requirement to submit to tests required under section 25 (3) (a) of the Act [application for licence].
[en. B.C. Reg. 381/2007, s. (b).]
Section 30B.02 (c) BEFORE amended by BC Reg 4/2013, effective February 10, 2013.
(c) the applicant holds an identification card issued under section 3 (1) of the Voluntary Identification Card Regulation that indicates the person is a Canadian citizen.
Division 30D, sections 30D.01 and 30D.02, was enacted by BC Reg 4/2013, effective February 10, 2013.
Division 30E, sections 30E.01 to 30E.03, was enacted by BC Reg 239/2013, effective January 30, 2014.
Section 30E.03 (1) (b) (iii) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(iii) has a hearing impairment such that the average of the quietest sound at 500, 1 000 and 2 000 hertz that he or she can hear in his or her best ear, with or without a hearing aid, is greater than 40 decibels.
Division 30F, sections 30F.01 to 30F.03 BEFORE self-repealed by BC Reg 26/58, effective January 11, 2021.
Division 30F — Drivers' Licences — Exemptions Due to COVID-19 Emergency
Definitions
30F.01 In this Division:
"COVID-19 emergency" means the emergency that is the subject of
(a) the notice provided on March 17, 2020 by the provincial health officer under section 52 (2) of the Public Health Act, and
(b) the declaration of a state of emergency made on March 18, 2020, and any extension of that declaration, under section 9 of the Emergency Program Act.
[en. B.C. Reg. 93/2020; am. B.C. Reg. 240/2020, App. 1, s. 1.]
Exemptions
30F.02 (1) Subject to subsection (3), the corporation may exempt the following persons from the requirements under the Act respecting the holding of a driver's licence issued to the person under the Act, the exemption to expire on a date that is not later than December 31, 2020:
(a) a person who was exempt under section 34 (1.1) (a) of the Act and whose exemption ended after March 16, 2020 and before December 31, 2020, but only if the exemption ended solely because it is more than 6 months from the date the person last entered British Columbia;
(b) a person who was exempt under section 34 (1.1) (b) of the Act but whose exemption ended after March 16, 2020 and before December 31, 2020, but only if the exemption ended solely because it was more than 90 days after the date the person became ordinarily resident in British Columbia;
(c) a person who was exempt under section 34 (1.1) (c) of the Act but whose exemption ended after March 16, 2020 and before December 31, 2020 because the person, as a result of the COVID-19 emergency, ceased to be registered as a full-time student at or attend any of the educational institutions listed in section 21 (2) (b) of the Act.
(2) If the corporation provides an exemption to a person under subsection (1), the person is also exempt as described in section 34 (2) of the Act for the same period as specified by the corporation under subsection (1) of this section.
(3) The corporation may provide an exemption to a person under subsection (1) only on the condition that the person complies with all other requirements of section 34 of the Act.
[en. B.C. Reg. 93/2020; am. B.C. Reg. 240/2020, App. 1, s. 2.]
Section 30F.01 definition of "end of the COVID-19 emergency" BEFORE repealed by BC Reg 240/2020, effective September 20, 2020.
"end of the COVID-19 emergency" means the later of the following:
(a) the date on which the provincial health officer provides notice under section 59 (b) of the Public Health Act that the COVID-19 emergency has passed;
(b) the date on which the last extension of the declaration of a state of emergency, referred to in paragraph (b) of the definition of "COVID-19 emergency", expires or is cancelled.
Section 30F.02 (1) BEFORE amended by BC Reg 240/2020, effective September 20, 2020.
(1) Subject to subsection (3), the corporation may exempt the following persons from the requirements under the Act respecting the holding of a driver's licence issued to the person under the Act, the exemption to expire on a date that is not later than 90 days after the end of the COVID-19 emergency:
(a) a person who was exempt under section 34 (1.1) (a) of the Act and whose exemption ended after March 16, 2020 and before the date that is 90 days after the end of the COVID-19 emergency, but only if the exemption ended solely because it is more than 6 months from the date the person last entered British Columbia;
(b) a person who was exempt under section 34 (1.1) (b) of the Act but whose exemption ended after March 16, 2020 and before the date that is 90 days after the end of the COVID-19 emergency, but only if the exemption ended solely because it was more than 90 days after the date the person became ordinarily resident in British Columbia;
(c) a person who was exempt under section 34 (1.1) (c) of the Act but whose exemption ended after March 16, 2020 and before the date that is 90 days after the end of the COVID-19 emergency because the person, as a result of the COVID-19 emergency, ceased to be registered as a full-time student at or attend any of the educational institutions listed in section 21 (2) (b) of the Act.
Section 32.04 (1) (part), (3) and (4) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(1) An emergency vehicle driven by or on behalf of a peace officer in the discharge of his duty is exempt from the requirement that
(3) A peace officer who, in the lawful performance of his duty, is transporting a person in his custody or care is exempt from section 220 (3), (4) and (6) of the Act.
(4) When a peace officer has reasonable and probable grounds to believe the use of a seat belt assembly would obstruct the performance of his duties, the peace officer and any passenger is exempt from section 220 (3), (4) and (6) of the Act.
Section 32.05 (1) and (3) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(1) A sheriff escort vehicle driven by a sheriff in the discharge of his or her duty is exempt from the requirement that seat belt assemblies in the rear seating position not be removed, rendered partly or wholly inoperative or modified so as to reduce their effectiveness.
(3) A sheriff who, in the lawful performance of duty, is transporting a person in his or her custody or care is exempt from section 220 (3), (4) and (6) of the Act.
Section 34.01 (1) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(1) Where a person holds a valid and subsisting licence in respect of a motor vehicle, and the Insurance Corporation of British Columbia has received from him
Section 34.05 (3) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(3) Where a licensee who has been required to surrender his personalized number plate pursuant to this regulation fails to surrender it on request of the Insurance Corporation of British Columbia, the corporation may suspend the licence and corresponding personalized number plate.
Section 34.09 BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
34.09 Where a licensee surrenders his personalized number plate to the Insurance Corporation of British Columbia, pursuant to sections 3.05 and 3.09 (b), the corporation may, on receipt of notification from the licensee, reserve that combination of characters for the remainder of the term for which the fees were paid, unless a remission has been granted pursuant to section 34.02.
Section 34.10 BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
34.10 Where the licensee surrenders his personalized number plates and does not notify the Insurance Corporation of British Columbia that he wishes his approved combination of characters reserved, the corporation may issue that combination of characters to the first licensee making appropriate application.
Section 34.12 (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
34.12 A person seeking a replacement for a personalized number plate that has been lost, stolen, damaged or destroyed shall, if he wishes to retain the same personalized numbers, submit to the Insurance Corporation of British Columbia
Section 34.12 (c) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(c) an application for assignment of interim number plates or other form of identification normally assigned to his vehicle type pending receipt and assignment of the reproduced personalized number plates together with the prescribed substitution fee.
Section 35.02 (3) BEFORE amended by BC Reg 160/2011, effective September 9, 2011.
(3) Despite section 2 (1) of the Standard, the Standard applies to all vehicles transporting cargo on a highway, regardless of the vehicles' gross vehicle weight.
Section 35.03 (1) definition of "carrier" BEFORE amended by BC Reg 166/2019, effective September 16, 2019.
"carrier" has the same meaning, in relation to both business vehicles and commercial vehicles, as in section 237 of the Act.
Section 36.01 definition of "RSSR" BEFORE amended editorially effective May 12, 2010.
"RSSR" means the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations, SOR/98-159, as amended from time to time.
Section 36.01 definition of "CMVSS" BEFORE repealed by BC Reg 11/2018, February 7, 2018.
"CMVSS" means the Canada Motor Vehicle Safety Standards, as amended from time to time;
Section 36.09 (b) BEFORE amended by BC Reg 166/2019, effective September 16, 2019.
(b) of a motor vehicle which is being operated as a taxi as defined in section 32.01,
Section 36.09 (c) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(c) who is a peace officer operating the vehicle in the lawful performance of his or her duties,
Section 37.01 definitions of "carrier" and "commercial motor vehicle" BEFORE amended by BC Reg 166/2019, effective September 16, 2019.
"carrier" means, in relation to a commercial motor vehicle,
(a) the owner of the commercial motor vehicle, including a person in possession of the commercial motor vehicle under a contract by which the person may become the owner of the commercial motor vehicle on full compliance with the contract,
(b) any other person having management of the commercial motor vehicle or determination of the uses to which it is put, and
(c) the lessee of the commercial motor vehicle if the lease for the commercial motor vehicle has a term of at least one month,
but a person is not a carrier merely because he or she is the driver of the commercial motor vehicle;
"commercial motor vehicle" means a motor vehicle, used in the course of business for the transportation of persons or freight, that is
(a) a truck or truck tractor with a licensed gross vehicle weight exceeding 5 000 kg and includes an attached trailer,
(c) a motor vehicle the operator of which is required to hold a licence under the Motor Carrier Act or a licence or temporary operating permit under the Passenger Transportation Act, or
(d) a business vehicle, as defined in section 237 of the Act, that has a gross vehicular weight in excess of 5 000 kilograms;
Section 37.01 definition of "licensed gross vehicle weight" was added by BC Reg 166/2019, effective September 16, 2019.
Section 37.01 definition of "co-driver" BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
"co-driver" means a person who is present in a commercial motor vehicle because he or she has been, or is about to be, its driver;
Section 37.03 (1) (b) BEFORE amended by BC Reg 166/2019, effective September 16, 2019.
(b) a non-refundable application fee in the amount prescribed under the Motor Vehicle Fees Regulation, B.C. Reg. 334/91, unless, within 6 months after the date on which the safety certificate is issued, the person pays the fee that is payable under the Motor Carrier Regulation No. 2, B.C. Reg. 252/94, for an application for a licence under the Motor Carrier Act, in which event no fee is payable under this paragraph,
Section 37.03 (1) (c) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(c) a transcript of the driving record of each driver employed or otherwise engaged by the person within British Columbia, issued by the responsible agency in the jurisdiction in which the driver received his or her driver's licence, and dated not later than the driver's date of employment,
Section 37.04 (1) (c) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(c) the applicant has provided satisfactory evidence that his commercial motor vehicles are in safe mechanical condition,
Section 37.11 (a) and (h) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) a 2 or 3 axle commercial motor vehicle that is being used for the transportation of primary products of a farm, forest, sea, or lake where the driver or his employer is the producer of the products,
(h) vehicles and other equipment while engaged in highway or public utility construction or maintenance work on, under or over the surface of a highway while at the site of the work, but does apply to him or her while travelling to or from that site.
Section 37.17 (1) (d) (i) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(i) to allow a driver following a regular itinerary to reach his or her home terminal or destination,
Section 37.17.02 (2) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) A driver who is driving in accordance with an exemption given by the director must drive, and the carrier must ensure that he or she drives, in accordance with the conditions or requirements of the exemption.
Section 37.17.03 (3) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(3) A driver who extends his or her driving, on-duty or elapsed time because of an emergency or adverse driving conditions must record the reason for doing so in the "Remarks" section of the daily log.
Section 37.18.02 (2) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) The carrier must require that the driver records and the driver must record in the daily log the hours in each duty status during the day covered by the daily log, in accordance with Schedule 2 of this Part, and the location of the driver each time his or her duty status changes, as that information becomes known.
Section 37.19.01 (1) (c) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(c) the driver is unable or refuses to produce his or her daily log book in accordance with section 37.20,
Section 37.22 (2) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) The driver or a person specified by the carrier shall satisfy himself or herself that the commercial motor vehicle is in a safe operating condition including, but not limited to, the operating condition of the following items:
Section 37.23 (5) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(5) No carrier shall permit a driver to drive, and no driver shall drive, a commercial motor vehicle unless the driver has the current trip inspection report in his possession.
Section 37.29 (1) (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) a transcript of the driving record of each driver employed or otherwise engaged by that carrier within the Province, issued by the responsible agency in the jurisdiction in which the driver received his driver's licence, and dated the later of
Section 37.39 (2) (c) in Article 18 BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
| Article 18: | It is the responsibility of the original contracting carrier or that carrier's agent to show the correct tare, gross and net weights on this bill of lading by use of a certified public scale, and attach the weigh scale ticket to his copy of this bill of lading. If certified public scales are not available at origin or at any point within a radius of 16 kilometres of that point, a constructive weight based on 112 kilograms per cubic metre of properly loaded van space must be used. | ||
Section 38.01 definitions of "applicant" and "disabled person" BEFORE repealed by BC Reg 234/2016, effective September 29, 2016.
"applicant" means a person who applies for a disabled parking permit under this Division;
"disabled person" means a person whose mobility is limited as a result of a permanent or temporary disability that makes it impossible or difficult to walk;
Section 38.01 definition of "permit" BEFORE amended by BC Reg 234/2016, effective September 29, 2016.
"permit" means a disabled persons' parking permit issued under this Division.
Section 38.01 definition of "person with disabilities" was added by BC Reg 234/2016, effective September 29, 2016.
Section 38.02 BEFORE re-enacted by BC Reg 234/2016, effective September 29, 2016.
Application for permit
38.02 (1) A permit issued in the form established by the Insurance Corporation of British Columbia is valid throughout the Province.
(2) A permit may be issued on behalf of the Province by a municipality or an organization a municipality designates for the purposes of this section.
(3) Application for a permit must be made by or on behalf of a disabled person to a municipality or organization referred to in subsection (2).
(4) On being satisfied that the person to which the permit would apply is a disabled person, the municipality or organization referred to in subsection (2) may
(a) issue a permit or temporary permit for the disabled person, or
(b) issue a substitute permit for a permit that is lost, stolen or mutilated or that has become illegible.
[en. B.C. Reg. 472/90; am. B.C. Reg. 317/96, s. 1.]
Section 38.03 BEFORE re-enacted by BC Reg 234/2016, effective September 29, 2016.
Display of permit
38.03 The person to whom a permit is issued shall, while a vehicle is parked in a disabled zone, display the permit in or on the vehicle the person is operating or in which the person is a passenger
(a) by suspending it from the rearview mirror inside the vehicle so that it is in plain view of any person looking through the windshield of the vehicle from the sidewalk or roadside, or
(b) by placing it on the dashboard in front of the driver's position.
[en. B.C. Reg. 472/90.]
Section 38.04 BEFORE amended by BC Reg 234/2016, effective September 29, 2016.
Out of Province permits
38.04 A motor vehicle with an out of Province licence and bearing valid identification issued by its resident jurisdiction to identify it as a vehicle driven by or transporting a disabled person is, for the purpose of this Division, deemed to be bearing a permit.
[en. B.C. Reg. 472/90.]
Section 38.05 BEFORE re-enacted by BC Reg 234/2016, effective September 29, 2016.
Cancellation of disabled parking permits
38.05 On being satisfied that
(a) a permit holder has contravened a provision of this Division,
(b) an applicant made a false statement in an application,
(c) a permit has been used in contravention of this Division,
(d) a permit is lost, stolen, mutilated, defaced, altered or has become illegible, or
(e) a vehicle is used in violation of a provision of this Division
the Insurance Corporation of British Columbia or the municipality or organization that issued the permit may cancel the permit.
[en. B.C. Reg. 472/90; am. B.C. Reg. 317/96, s. 1.]
Section 38.06 BEFORE re-enacted by BC Reg 234/2016, effective September 29, 2016.
Notification of loss or theft
38.06 Where a permit is lost, stolen, mutilated, defaced, altered or has become illegible, the person to whom the permit was issued shall immediately notify the municipality or group that issued the permit of the loss, theft, mutilation, defacement, alteration or illegibility.
[en. B.C. Reg. 472/90.]
Section 38.08 (b) and (e) BEFORE amended by BC Reg 234/2016, effective September 29, 2016.
(b) stops, leaves standing or parks in a disabled zone a vehicle displaying a permit unless the vehicle is stopped, left standing or parked for the purpose of transporting a disabled person,
(e) lends or transfers a permit to another person, whether or not that person is disabled.
Division 40, sections 40.01 to 40.16 BEFORE repealed by BC Reg 61/2017, effective March 1, 2017.
Division 40 — Motor Vehicle Emission Inspection and Maintenance
Definitions
"AirCare inspection report" means a report issued by an inspection centre that identifies the motor vehicle inspected, indicates the results of the emission inspection, and assigns a pass, conditional pass or fail to the vehicle;
"air contaminant" means hydrocarbons, carbon monoxide, oxides of nitrogen, particulate matter or other components to be tested under this Division;
"certification plate" means a plate issued by the Insurance Corporation of British Columbia to an AirCare repair centre and used to imprint a repair/diagnostic information form;
"conditional pass" means a pass granted to a motor vehicle that has emission control system repairs and adjustments made by an AirCare repair technician and, on reinspection, complies with the requirements of section 40.08 (2);
"emission control device" means a device incorporated on a motor vehicle that permits, prevents or lessens the emission of air contaminants into the atmosphere;
"emission inspection" means an inspection and test of a motor vehicle for the purpose of certification of motor vehicle compliance under section 50 of the Act, and includes a reinspection of the motor vehicle;
"emission control system repairs and adjustments" means the repair or replacement of defective or missing emission control system parts, components or devices, and includes the adjustment of adjustable parts, components or devices which relate to or have a cause and effect on evaporative tailpipe emissions of air contaminants;
"engine" means the engine of a motor vehicle and includes the exhaust emission system;
"exhaust emission standard" means the exhaust emission standards as prescribed in the Exhaust Emission Standards Regulation;
"inspection centre" means a place operated by a contractor under a contract with the government or the Insurance Corporation of British Columbia to provide the emission inspection required by this Division;
"inspector" means a person employed by an inspection centre to perform an emission inspection;
"onboard emissions diagnostic device" means a device installed by a vehicle manufacturer in a motor vehicle for the purpose of diagnosing and storing emissions-related information;
"onboard emissions diagnostic device inspection" means an emissions inspection performed with an onboard emissions diagnostic device;
"repair cost limit" means the cost of emission control system repairs and adjustments that qualify a motor vehicle for a conditional pass;
"repair data" means repair information, entered on the reverse side of a repair/diagnostic information form, that has been completed and imprinted by an AirCare repair technician;
"repair/diagnostic information form" means information issued by an inspection centre that reports repair information associated with failure codes from a motor vehicle's on-board computer and accompanies the AirCare inspection report of a failed vehicle;
"replicar" means a motor vehicle as defined in section 7.01 (5) (a);
"replikit" means a motor vehicle as defined in section 7.01 (5) (b);
"specialty vehicle" means a vehicle
(a) built using new components that may or may not have been manufactured by the assembler, and
"tamper" means
(a) to remove, destroy, disconnect or modify an emission control device or component, or
(b) to replace an emission control device or component with an emission control device or component that is not approved by the Insurance Corporation of British Columbia
but does not include
(c) the removal of a thermatic air cleaner and replacement with an air cleaner of another type if a vehicle is fuelled by
(i) gasoline and propane or gasoline and natural gas, or
(ii) propane only or natural gas only, or
(d) the removal of a gasoline cap or an evaporative system, or both, if a vehicle is fuelled by propane only or natural gas only;
"technician card" means an embossed card issued by the superintendent to an AirCare repair technician and used to imprint a repair/diagnostic information form;
"transient driving cycle emission inspection" means an emission inspection that includes sampling of the motor vehicle emissions while the motor is operating according to the test parameters for acceleration, deceleration, cruise and idle;
"ubilt" means a vehicle that does not resemble the vehicle from which its components were taken and that
(a) was built, and may have been built at home for personal use, by an individual,
(b) is used as a private passenger motor vehicle or a commercial motor vehicle, and
(c) has a gross vehicle weight of not more than 5 000 kg.
(2) Repealed. [B.C. Reg. 59/2016, App. 2, s. 3.]
(3) Repealed. [B.C. Reg. 161/2007, s. 5 (b).]
[en. B.C. Reg. 335/92; am. B.C. Regs. 317/96, ss. 1 and 11; 271/2000, s. 5; 401/2000, s. 1; 327/2006, App. B, s. 2; 161/2007, s. 5; 59/2016, App. 2, s. 3; 164/2016, s. 2.]
Application
40.02 This Division applies to every motor vehicle registered in British Columbia that is not in a class of motor vehicles or an area of British Columbia exempt by regulation of the Lieutenant Governor in Council under section 50 (2) of the Act.
[en. B.C. Reg. 335/92; am. B.C. Reg. 317/96, s. 12.]
Certification plate and technician card
40.03 (1) The Insurance Corporation of British Columbia may issue to each AirCare repair centre a certification plate suitable for imprinting the repair data portion of the repair/diagnostic information form.
(2) The certification plate issued under subsection (1) is the property of the Insurance Corporation of British Columbia and must be returned to the corporation.
(3) The Insurance Corporation of British Columbia may issue to each AirCare repair technician
(a) a certificate identifying his or her classification by motor vehicle fuel type, and
(b) a wallet sized technician card.
(4) The technician card issued under subsection (3) is the property of the Insurance Corporation of British Columbia and must be returned to the corporation.
(5) The Insurance Corporation of British Columbia may, for cause, suspend or cancel the certification of an AirCare repair centre or an AirCare repair technician.
[en. B.C. Reg. 335/92; am. B.C. Reg. 317/96, s. 13.]
Emission inspection certification
40.04 (1) Subject to section 50 (2) of the Act, before an application is made for a motor vehicle licence renewal, an inspection centre must first certify that the vehicle
(a) has passed the emission inspection, or
(b) has been granted a conditional pass of the emission inspection.
(2) A pass granted to a model year 1991 or older motor vehicle expires 363 days after the day on which the vehicle is certified as pass.
(3) A pass granted to a model year 1992 or newer motor vehicle as a result of a transient driving cycle emission inspection expires 363 days after the day on which the vehicle is certified as pass.
(4) On expiry of certification under subsection (3), the vehicle is again certified as pass, and this pass expires 363 days after the day that the pass expires under subsection (3), but the vehicle must not be certified as pass again until it undergoes another emission inspection.
(4.1) A pass granted to a model year 1998 or newer motor vehicle as a result of an onboard emissions diagnostic device inspection expires 363 days after the day on which the vehicle is certified as pass.
(4.2) On expiry of certification under subsection (4.1), the vehicle is again certified as pass, and this pass expires 363 days after the day that the pass expires under subsection (4.1), but the vehicle must not be certified as pass again until it undergoes another emission inspection.
(5) A pass granted to a model year 1992 or newer motor vehicle that could not be tested by a transient driving cycle emission inspection due to the configuration of the vehicle expires 363 days after the day on which the vehicle is certified as pass.
(6) A conditional pass granted to a motor vehicle expires 90 days after the day on which the vehicle is certified as conditional pass.
[en. B.C. Reg. 335/92; am. B.C. Regs. 130/95; 317/96, s. 14; 401/2000, s. 2; 327/2006, App. B, s. 3.]
Emission inspection procedure
40.05 (1) Every owner of a motor vehicle presented to an inspection centre for an emission inspection must
(a) produce the vehicle registration documents, which registration must accurately identify the vehicle to the satisfaction of an inspector,
(b) submit the vehicle to a visual inspection to determine if the vehicle can safely undergo an emission inspection,
(c) submit the vehicle to an inspection of emission control devices to determine if
(i) the vehicle is equipped with emission control devices of the same standard to which it was manufactured,
(ii) there is evidence of tampering with any emission control device, and
(iii) the emission control devices are operative,
(d) pay the fee for emission inspection prescribed in B.C. Reg. 334/91, the Motor Vehicle Fees Regulation, and
(e) after completion of the matters referred to in paragraphs (a) to (d), submit the vehicle
(i) to tests for exhaust emissions to determine if the vehicle is within the exhaust emission standards for a vehicle of that class, weight, model year and fuel type, or
(ii) to an onboard emissions diagnostic device inspection if the circumstances in section 40.052 are present.
(2) Subject to the approval of the South Coast British Columbia Transportation Authority, subsection (1) (c) (ii) and (iii) does not apply in respect of an emission control device
(a) that is no longer manufactured, or
(b) for which repair parts, including original equipment, after market and used parts, are no longer available.
(3) If the vehicle registration documents do not accompany a motor vehicle presented for emission inspection or do not properly describe the motor vehicle which is presented for emission inspection, the defect respecting the vehicle registration must be corrected before the vehicle can be inspected as required by this Division.
(4) If an inspector determines that
(a) a motor vehicle cannot safely undergo an emission inspection, the inspector must not perform the emission inspection,
(b) a motor vehicle is incapable of operating so that an emission inspection referred to in subsection (1) (e) may be performed, then the inspector may do one of the following:
(i) not perform the inspection and refund the fee referred to in subsection (1) (d);
(ii) discontinue the inspection and refund the fee referred to in subsection (1) (d), or
(c) a motor vehicle is incapable of operating so that one of the emission inspections referred to in subsection (1) (e) may be performed, but the motor vehicle is capable of operating so that the other emission inspection referred to in subsection (1) (e) may be performed, the inspector may perform the other emission inspection.
(5) Repealed. [B.C. Reg. 401/2000, s. 3.]
(5.1) and (6) Repealed. [B.C. Reg. 327/2006, App. B, s. 4 (c) and (d).]
(7) The owner of a motor vehicle that does not pass the inspection of emission control devices required by subsection (1) (c), the tests required by subsection (1) (e) (i) or the onboard emissions diagnostic device inspection referred to in subsection (1) (e) (ii) must be issued with
(a) an AirCare inspection report that states the vehicle has failed the emission inspection and gives the reasons for the failure, and
(b) a repair/diagnostic information form.
(8) The owner of a motor vehicle that passes or conditionally passes the emission inspection must be issued with an AirCare inspection report that states the vehicle has passed or conditionally passed the emission inspection.
(9) Repealed. [B.C. Reg. 401/2000, s. 3.]
(10) If the South Coast British Columbia Transportation Authority has determined that a motor vehicle is in a class of vehicle that is determined to be of interest for program evaluation purposes, the motor vehicle must submit to a transient driving cycle emission inspection in addition to the inspections that are otherwise required under section 40.05 (6) or 40.07.
[en. B.C. Reg. 335/92; am. B.C. Regs. 317/96, s. 271/2000, s. 1; 401/2000, ss. 3 and 4; 327/2006, App. B, s. 4; 351/2008, Sch. s. 17.]
Inspection criteria
40.051 (1) For the purposes of section 49 (1) (a.1) of the Act, the following criteria, when all are met, are deemed to indicate that a motor vehicle complies with the levels established under section 50 (2) (c) of the Act:
(a) the motor vehicle is fitted with an operative data link connector;
(b) fewer than 2 readiness monitors in the motor vehicle have a not ready status when the onboard emissions diagnostic device is interrogated;
(c) the malfunction indicator lamp is not commanded on by the onboard emissions diagnostic device.
[en. B.C. Reg. 327/2006, App. B, s. 5.]
Circumstances in which inspection criteria may be used
40.052 For the purposes of section 49 (1) (a.2) of the Act, the following are the circumstances in which the inspection criteria in section 40.051 may be applied:
(a) the motor vehicle is a model year 1998 or newer model year;
(b) the motor vehicle has a GVW of 3856 kg or less.
[en. B.C. Reg. 327/2006, App. B, s. 5.]
Emission control system repairs
40.06 The owner of a motor vehicle that fails the emission inspection may
(a) perform the emission control system repairs and adjustments or have another person perform the emission control system repairs and adjustments, or
(b) take the vehicle, accompanied by the AirCare inspection report and the repair/diagnostic information form, to any AirCare repair centre to have an AirCare repair technician perform the emission control system repairs and adjustments.
[en. B.C. Reg. 335/92.]
Reinspection of motor vehicle
40.07 (1) Every owner of a motor vehicle that has emission control system repairs and adjustments performed by a person referred to in section 40.06 may present the vehicle to an inspection centre for reinspection and, on reinspection, must pay the fee prescribed in B.C. Reg. 334/91, the Motor Vehicle Fees Regulation.
(2) The vehicle under subsection (1) is subject to the emission inspection procedure under section 40.05.
[en. B.C. Reg. 335/92.]
Conditional pass on reinspection
40.08 (1) This section does not apply to a motor vehicle that
(a) has emission control system repairs and adjustments performed by a person referred to in section 40.06 (a), or
(b) has in force an emissions warranty provided by the manufacturer or seller of the vehicle.
(2) A motor vehicle that has emission control system repairs and adjustments performed by an AirCare repair technician at an AirCare repair centre, and for which the repair data portion of the repair/diagnostic information form has been completed by the AirCare repair technician and either imprinted by the certification plate and technician card or validated electronically as required by the South Coast British Columbia Transportation Authority or the Insurance Corporation of British Columbia, must be granted a conditional pass on reinspection if
(a) emission control system repairs and adjustments are made to the vehicle in an amount not less than the repair cost limit prescribed in Column 2 of Table 1 or 2 of the Schedule to this Division,
(b) all emission control system repairs and adjustments identified by the AirCare repair technician are performed and the actual repair costs are less than the repair cost limit prescribed in Column 2 of Table 1 or 2 of the Schedule to this Division,
(c) some emission control system repairs and adjustments identified by the AirCare repair technician are performed and the actual repair costs are less than the repair cost limit prescribed in Column 2 of Table 1 or 2 of the Schedule to this Division but the cost in the aggregate of performing the remaining repairs and adjustments would exceed the repair cost limit, or
(d) a single item repair identified by the AirCare technician is in excess of the repair cost limit.
[en. B.C. Reg. 335/92; am. B.C. Regs. 400/92; 271/2000, s. 2; 351/2008, Sch. s. 18.]
Prohibitions
40.09 (1) No person shall advertise or display any visual identification that a repair centre is certified to perform emission control system repairs and adjustments for the purpose of this Division without the written consent of the Insurance Corporation of British Columbia.
(2) Subsection (1) does not apply to an AirCare repair centre.
(3) No person, other than the AirCare repair centre to whom a certification plate is issued, shall use a certification plate to imprint the repair data portion of a repair/diagnostic information form.
(4) No person, other than an AirCare repair technician to whom a technician card has been issued, shall
(a) certify the repair data portion of a repair/diagnostic information form, or
(b) use the technician card to imprint the repair data portion of a repair/diagnostic information form.
(5) No person shall produce or reproduce an AirCare inspection report, repair/diagnostic information form, certification plate or technician card except with the written authorization of the Insurance Corporation of British Columbia.
[en. B.C. Reg. 335/92; am. B.C. Reg. 317/96, s. 1.]
Application for recertification
40.10 (1) If the Insurance Corporation of British Columbia cancels the certification of an AirCare repair centre or an AirCare repair technician, the AirCare repair centre or the AirCare repair technician, as the case may be, may apply to the corporation for recertification and, on application, must pay the fee prescribed in B.C. Reg. 334/91, the Motor Vehicle Fees Regulation.
(2) The fee payable under subsection (1) must accompany each application for recertification.
[en. B.C. Reg. 335/92; am. B.C. Reg. 317/96, s. 1.]
Approved emission control devices
40.11 For the purpose of this regulation, no person shall replace a defective or missing emission control device with other than an emission control device acceptable to the South Coast British Columbia Transportation Authority and that is
(a) new and supplied by an original equipment manufacturer,
(b) new and supplied by an after market manufacturer, or
(c) used and in working condition.
[en. B.C. Reg. 335/92; am. B.C. Regs. 317/96, s. 1; 401/2000, s. 4; 351/2008, Sch. s. 19.]
Used catalytic converter
40.12 (1) For the purpose of reinspection of a motor vehicle following the failure of an emission inspection, no person shall install or have installed in the vehicle a used catalytic converter unless it can be shown, to the satisfaction of the South Coast British Columbia Transportation Authority, that the used catalytic converter is functional in the same manner as a new catalytic converter.
(2) A contravention of subsection (1) invalidates the results of an emission inspection that would otherwise grant a pass or conditional pass of the emission inspection.
[en. B.C. Reg. 335/92; am. B.C. Regs. 317/96, s. 1; 401/2000, s. 4; 351/2008, Sch. s. 20.]
Engine exchange
40.13 (1) If an engine is exchanged on or before August 31, 1993 with an engine that
(a) is from the same family of engines and the same model year as the engine with which the vehicle was originally manufactured,
(b) is from the same family of engines but a different model year as the engine with which the vehicle was originally manufactured,
(c) is from the same model year but a different family of engines from the engine with which the vehicle was originally manufactured, or
(d) is from a different model year and a different family of engines than the engine with which the vehicle was originally manufactured,
the emission control devices and exhaust emission standards for compliance are those applicable to the model year and weight of the vehicle as indicated on the vehicle registration documents.
(2) If an engine is exchanged after August 31, 1993, the engine must
(a) be the same model year as the engine with which the vehicle was originally manufactured, or
(b) be a newer model year than the engine with which the vehicle was originally manufactured.
(3) For the purposes of subsection (2), if the engine
(a) is the same model year as the engine with which the vehicle was originally manufactured, the emission control devices and exhaust emission standards for compliance are those applicable to the model year and weight of the vehicle as indicated on the vehicle registration documents, or
(b) is a newer model year than the engine with which the vehicle was originally manufactured, the emission control devices are those applicable to the model year of the exchange engine and the exhaust emission standards for compliance are those applicable to the model year and weight of the vehicle as indicated on the vehicle registration documents.
[en. B.C. Reg. 335/92.]
Replicar, replikit, specialty vehicle and ubilt
40.14 (1) Section 40.13 does not apply to a replicar, replikit, specialty vehicle or ubilt.
(2) The exhaust emission standards for a replicar, replikit, specialty vehicle or ubilt registered on or before August 31, 1994 are those applicable to a 1972 model year motor vehicle of the same weight, engine displacement and vehicle type as set out in the Exhaust Emission Standards Regulation, B.C. Reg. 274/2000.
(3) Repealed. [B.C. Reg. 332/94.]
(4) The exhaust emission standards for a replicar, replikit, specialty vehicle or ubilt registered after August 31, 1994 are those applicable to a 1988 model year motor vehicle of the same weight, engine displacement and vehicle type as set out in the Exhaust Emission Standards Regulation, B.C. Reg. 274/2000.
(5) Repealed. [B.C. Reg. 332/94.]
[en. B.C. Reg. 335/92; am. B.C. Regs. 332/94; 235/2000, s. 2; 271/2000, ss. 3 to 5.]
Automated safety inspection
40.15 (1) The Insurance Corporation of British Columbia may require any motor vehicle that receives an emission inspection in a lane equipped with automated safety inspection equipment to submit to a safety inspection.
(2) The owner of a vehicle inspected under subsection (1) is not required to pay a fee for the safety inspection.
[en. B.C. Reg. 335/92; am. B.C. Reg. 317/96, s. 1.]
Offence and penalty
(a) contravenes a provision of section 40.09,
(b) provides false information respecting repair data,
(c) alters or counterfeits an AirCare inspection report or repair/diagnostic information form, or
(d) uses an altered or counterfeit AirCare inspection report or repair/diagnostic information form to licence a motor vehicle,
commits an offence and is liable on conviction to a fine of not less than $500 and not more than $1 000.
(2) A person who falsely declares that a motor vehicle is in a class of motor vehicles exempted by regulation of the Lieutenant Governor in Council under section 50 (2) (a) of the Act commits an offence and is liable on conviction to a fine of $1 000.
[en. B.C. Reg. 335/92; am. B.C. Reg. 317/96, s. 12.]
(Section 40.08 (2))
[en. B.C. Reg. 492/95; am. B.C. Reg. 401/2000, s. 5.]
Repair Cost Limit
1 The repair cost limit for a motor vehicle of a model year in Column 1 of Table 1 is the amount shown opposite in Column 2, if there is no evidence of tampering.
Table 1: No Tampering Repair Cost Limits
| COLUMN 1 Model Year | COLUMN 2 Amount | |
| pre-1981 | $300 | |
| 1981-1987 | $400 | |
| 1988-1991 | $500 | |
| 1992-1998 | $600 | |
| post 1998 | no limit | |
2 The repair cost limit for a motor vehicle of a model year in Column 1 of Table 2 is the amount shown opposite in Column 2, if there is evidence of tampering.
Table 2: Tampering Repair Cost Limits
| COLUMN 1 Model Year | COLUMN 2 Amount | |
| pre-1981 | no limit | |
| 1981-1987 | no limit | |
| 1988-1991 | no limit | |
| 1992-1998 | no limit | |
| post 1998 | no limit | |
3 Tables 1 and 2 are not cumulative.
4 The model year is as determined from vehicle registration documents.
5 Evidence of tampering or no tampering is as determined by a visual inspection of emission control devices for a vehicle presented for inspection.
Division 40B, Schedule U BEFORE repealed by BC Reg 353/2010, effective December 6, 2010.
[en. B.C. Reg. 412/99, s. (b).]
| CREST | VIOLATION TICKET NUMBER |
Certificate of Enforcement Officer
Motor Vehicle Act: Section 129 (1)
Disobey Red Light at Intersection
I,........................................, am an enforcement officer within the meaning of the Offence Act, and a qualified intersection safety camera officer of the prescribed traffic light safety device, namely a ......................................................... (the "Device") described in this certificate. For the purpose of providing evidence of an offence under section 129 (1) of the Motor Vehicle Act and pursuant to section 83.2 (2) of the Act, I certify that:
1. a) on ....................(yyyy-mm-dd), at ..........(24 hour clock) hours, and a motor vehicle (the "Vehicle") proceeding ............................... on ......................................................., with the licence plate number ....................., issued in the jurisdiction of .................................., was driven through the intersection at ............................................................... at or near .............................. in the Province of British Columbia while a clearly visible red light alone facing the Vehicle was exhibited by a traffic control signal governing the intersection, and
b) the traffic control signal was erected in accordance with the Motor Vehicle Act Regulations, and
c) the evidence of this alleged contravention was gathered through the use of the Device;
2. a) the Device gathered the evidence by photographing or capturing two images of the Vehicle and accurately and simultaneously recording data related to that Vehicle and the traffic control signal mentioned in paragraph 1. The description of data found in Photographs One and Two is on page 2 of this certificate, and
b) Photograph One was taken just before the Vehicle entered the .................................... ............................................. (marked crosswalk on the near side of the intersection/intersection) facing the red light alone exhibited by the traffic control signal, and
c) Photograph Two was taken just after Photograph One and shows the Vehicle in Photograph One in the intersection mentioned in paragraph 1;
3. a) the Device functioned properly in accordance with the manufacturer's specifications at the time of the alleged contravention;
4. a) the licence plate number on the Vehicle was identified from the evidence gathered by the Device by ..................................................................................... (method of identification), and
b) in this certificate all times referred to are indicated in the 24 hour clock format; and
5. the databox on the top centre of Photographs One and Two was electronically and simultaneously recorded in accordance with section 83.1 (10) of the Motor Vehicle Act and shows data in sequences from left to right and top to bottom on page 2.
Date Certificate Completed: ...............................
Enforcement Officer's Signature
and ITCU ID. #: ........................................................................................
CREST
Certificate of Enforcement Officer
Page 2
PHOTOGRAPH ONE
| Reading from left to right: |
| The top line of Photograph One records the photograph time and date. |
| The middle line records: • before the Y: the lane number in which the Vehicle was travelling, namely, ............................................................. ............................................................. • after the Y: the number of seconds* the traffic control signal was yellow before the red phase, and • after the R: the number of seconds* the traffic control signal facing the Vehicle had been red before the photograph was taken. |
| The bottom line records: • the violation number, and the location site identification code. |
* The large number is seconds and the small number is rounded to a tenth of a second.
PHOTOGRAPH TWO
| Reading from left to right: |
| The top line of Photograph Two records the photograph time and date. |
| The middle line records: • the number of seconds **between Photograph One and Photograph Two, and • after the R: the number of seconds* the traffic control signal facing the Vehicle had been red before the photograph was taken. |
| The bottom line records: • the violation number, and • after the V = or V: the speed of the Vehicle in kilometres per hour. |
** Recorded to the hundredth of a second.
* The large number is seconds and the small number is rounded to a tenth of a second.
Section 40.01 (2) BEFORE repealed by BC Reg 59/2016, effective March 2, 2016.
(2) In this Division "exhaust emissions", "exhaust emission system", and "model year" have the same meaning as in section 29.01.
Section 40.01, definitions of "replicar" and "replikit" BEFORE amended by BC Reg 164/2016, effective July 4, 2016.
"replicar" means a motor vehicle manufactured to resemble a previously known make and constructed entirely of new components;
"replikit" means a motor vehicle designed to resemble a previously known make and constructed of new or refurbished components;
Section 41.01 (1.1) was added by BC Reg 133/2019, effective July 4, 2019.
Section 41.01 (2) (b) BEFORE repealed by BC Reg 133/2019, effective July 4, 2019.
Section 41.02 (i) BEFORE amended by BC Reg 353/2010, effective December 6, 2010.
(i) Schedules U and V, in relation to section 129 (1) of the Act.
Section 41.02 BEFORE re-enacted by BC Reg 133/2019, effective July 4, 2019.
Prescribed certificates
41.02 For the purposes of section 83.2 (2) of the Act, the certificates set out in the following schedules are prescribed:
(b) Schedules C and N, in relation to section 140 of the Act;
(c) Schedules D, E, K, L, O and P, in relation to section 146 (1) of the Act;
(d) Schedules F and Q, in relation to section 146 (3) of the Act;
(e) Schedule G, in relation to section 146 (5) of the Act;
(f) Schedules H and R, in relation to section 146 (7) of the Act;
(g) Schedules I and S, in relation to section 147 (1) of the Act;
(h) Schedules J and T, in relation to section 147 (2) of the Act;
(i) Schedules V and W, in relation to section 129 (1) of the Act.
[en. B.C. Reg. 125/97, s. 1; am. B.C. Regs. 412/99, s. (a); 353/2010, Sch. s. 1 (b).]
Section 41.02 (1) BEFORE amended by BC Reg 22/2020, effective February 14, 2020.
(1) The certificate set out in Schedule A.1 is prescribed for the purposes of section 83.2 (2) (a) [speeding] of the Act.
Section 41.03 (1) (a) to (d) BEFORE amended by BC Reg 33/2019, effective February 25, 2019.
(a) for a contravention of section 140 of the Act, $150;
(b) for a contravention of section 146 (1), (3), (5) or (7) of the Act, $100;
(c) for a contravention of section 147 (1) or (2) of the Act, $150;
(d) for a contravention of section 148 (1) of the Act, $300.
Division 41, Schedules A to V BEFORE repealed by BC Reg 133/2019, effective July 4, 2019.
[en. B.C. Reg. 185/96, s. 2.]
Photo Radar Program 
Certificate of Enforcement Officer
Photographic Evidence
(Receding from Speed Monitoring Device)
I,........................................, an enforcement officer, certify that I viewed the image attached as part of this certificate.
The image was gathered and recorded by a prescribed speed monitoring device, The information line at the bottom of the image is the record of the evidence gathered and recorded by the prescribed speed monitoring device of the photographed motor vehicle, indicating from left to right:
a single letter from A to P used as an image control character,
followed by the film roll number:..........,
followed by the photograph frame number:..........;
the date the photograph was taken:....................(year:month:day);
the time the photograph was taken:....................(hour:minute:second),
followed by a single letter from A to Z confirming a successful internal check of the device,
followed by a minus (−) sign indicating the photographed motor vehicle was receding from the speed monitoring device,
followed by the photographed motor vehicle's speed:.......... indicated in kilometres per hour (km/h); and
the unique deployment site code:..........,
followed by the Qualified Operator's Identification Number:...........
I have determined that the photographed motor vehicle recorded in the image receding from the prescribed speed monitoring device bears the rear licence plate number ...................., issued in the jurisdiction of ........................................ .
Date: ..............................
Enforcement Officer's Signature: ........................................................................................
Enforcement Officer's Identification Number: ..............................
Enforcement Organization: ........................................................
Photo Radar Program
Certificate of Enforcement Officer
Photographic Evidence
Vehicle Image
[en. B.C. Reg. 185/96, s. 2.]
Photo Radar Program
Certificate of Enforcement Officer
Photographic Evidence
(Approaching Speed Monitoring Device)
I,........................................, an enforcement officer, certify that I viewed the image attached as part of this certificate.
The image was gathered and recorded by a prescribed speed monitoring device. The information line at the bottom of the image is the record of the evidence gathered and recorded by the prescribed speed monitoring device of the photographed motor vehicle, indicating from left to right:
a single letter from A to P used as an image control character,
followed by the film roll number:..........,
followed by the photograph frame number:..........;
the date the photograph was taken:....................(year:month:day);
the time the photograph was taken:....................(hour:minute:second),
followed by a single letter from A to Z confirming a successful internal check of the device,
followed by a plus (+) sign indicating the photographed motor vehicle was approaching the speed monitoring device,
followed by the photographed motor vehicle's speed:.......... indicated in kilometres per hour (km/h); and
the unique deployment site code:..........,
followed by the Qualified Operator's Identification Number:...........
I have determined that the photographed motor vehicle recorded in the image approaching the prescribed speed monitoring device bears the front licence plate number ...................., issued in the jurisdiction of ........................................ .
Date: ..............................
Enforcement Officer's Signature: ........................................................................................
Enforcement Officer's Identification Number: ..............................
Enforcement Organization: ........................................................
Photo Radar Program
Certificate of Enforcement Officer
Photographic Evidence
Vehicle Image
[en. B.C. Reg. 185/96, s. 2.]
Photo Radar Program
Certificate of Enforcement Officer
Qualified Operator
Motor Vehicle Act: Section 140
I,........................................, am an enforcement officer and a qualified operator of the prescribed speed monitoring device described in this certificate. On ..........(date).........., between .......... hours and .......... hours, I was operating, according to the manufacturer's specifications, a .................................................., a prescribed speed monitoring device capable of photographing motor vehicles while accurately and simultaneously measuring and recording their speed. For the purpose of enforcing section 140 of the Motor Vehicle Act, the prescribed speed monitoring device photographed the ........(front/rear)........ licence plate of motor vehicles ..........(approaching/receding from).......... the device, while accurately and simultaneously measuring and recording their speed as they travelled approximately ..........(direction).......... on a highway, namely ........................................, approximately ..............................(location on highway).............................. .......(at/near)....... ...............(city, place, or town)............... in the Province of British Columbia, which location was assigned a unique deployment site code.......... .
The prescribed speed monitoring device was tested by me, in accordance with the manufacturer's specifications, immediately prior to .......... hours and immediately after .......... hours, on that date and at that location, and I found it to be in proper working order. This prescribed speed monitoring device photographed motor vehicles while accurately and simultaneously measuring and recording their speed at that location and during those hours of operation, using Film Roll Number .......... . Each film roll is assigned a unique number and included in that film roll are photograph frames listed in numerical sequence.
The device photographs the motor vehicle on the film while accurately and simultaneously recording the following data on the data line at the bottom of the image, indicating from left to right: a single letter from A to P used as an image control character, followed by the film roll number, followed by the photograph frame number; the date the photograph was taken (year:month:day); the time the photograph was taken (hour:minute:second), followed by a single letter from A to Z confirming a successful internal check of the device, followed by either a plus (+) sign indicating the photographed motor vehicle was approaching the speed monitoring device, or a minus (−) sign indicating the photographed motor vehicle was receding from the speed monitoring device, followed by the photographed motor vehicle's speed indicated in kilometres per hour (km/h); and the unique deployment site code where the photograph was taken, followed by the qualified operator's identification number. Throughout those hours of operation, on that date, due to work being carried out, a traffic control device was erected and in place, indicating, pursuant to section 139 of the Motor Vehicle Act, a posted speed limit of .......... kilometres per hour (km/h) for that location and direction of travel.
Date: ..............................
Enforcement Officer's Signature: ........................................................................................
Enforcement Officer's Identification Number: ..............................
Enforcement Organization: ........................................................
[en. B.C. Reg. 185/96, s. 2.]
Photo Radar Program
Certificate of Enforcement Officer
Qualified Operator
Motor Vehicle Act: Section 146 (1): In a Municipality
I,........................................, am an enforcement officer and a qualified operator of the prescribed speed monitoring device described in this certificate. On ..........(date).........., between .......... hours and .......... hours, I was operating, according to the manufacturer's specifications, a .................................................., a prescribed speed monitoring device capable of photographing motor vehicles while accurately and simultaneously measuring and recording their speed. For the purpose of enforcing section 146 (1) of the Motor Vehicle Act, the prescribed speed monitoring device photographed the ........(front/rear)........ licence plate of motor vehicles ..........(approaching/receding from).......... the device, while accurately and simultaneously measuring and recording their speed as they travelled approximately ..........(direction).......... on a highway, namely ........................................, approximately ..............................(location on highway).............................. .......(at/near)....... ...............(city, place, or town)............... in the Province of British Columbia, which location was assigned a unique deployment site code.......... .
The prescribed speed monitoring device was tested by me, in accordance with the manufacturer's specifications, immediately prior to .......... hours and immediately after .......... hours, on that date and at that location, and I found it to be in proper working order. This prescribed speed monitoring device photographed motor vehicles while accurately and simultaneously measuring and recording their speed at that location and during those hours of operation, using Film Roll Number .......... . Each film roll is assigned a unique number and included in that film roll are photograph frames listed in numerical sequence.
The device photographs the motor vehicle on the film while accurately and simultaneously recording the following data on the data line at the bottom of the image, indicating from left to right: a single letter from A to P used as an image control character, followed by the film roll number, followed by the photograph frame number; the date the photograph was taken (year:month:day); the time the photograph was taken (hour:minute:second), followed by a single letter from A to Z confirming a successful internal check of the device, followed by either a plus (+) sign indicating the photographed motor vehicle was approaching the speed monitoring device, or a minus (−) sign indicating the photographed motor vehicle was receding from the speed monitoring device, followed by the photographed motor vehicle's speed indicated in kilometres per hour (km/h); and the unique deployment site code where the photograph was taken, followed by the qualified operator's identification number. That location was in the municipality of .............................. on that date.
Date: ..............................
Enforcement Officer's Signature: ........................................................................................
Enforcement Officer's Identification Number: ..............................
Enforcement Organization: ........................................................
[en. B.C. Reg. 185/96, s. 2.]
Photo Radar Program
Certificate of Enforcement Officer
Qualified Operator
Motor Vehicle Act: Section 146 (1): Outside a Municipality
I,........................................, am an enforcement officer and a qualified operator of the prescribed speed monitoring device described in this certificate. On ..........(date).........., between .......... hours and .......... hours, I was operating, according to the manufacturer's specifications, a .................................................., a prescribed speed monitoring device capable of photographing motor vehicles while accurately and simultaneously measuring and recording their speed. For the purpose of enforcing section 146 (1) of the Motor Vehicle Act, the prescribed speed monitoring device photographed the ........(front/rear)........ licence plate of motor vehicles ..........(approaching/receding from).......... the device, while accurately and simultaneously measuring and recording their speed as they travelled approximately ..........(direction).......... on a highway, namely ........................................, approximately ..............................(location on highway).............................. .......(at/near)....... ...............(city, place, or town)............... in the Province of British Columbia, which location was assigned a unique deployment site code.......... .
The prescribed speed monitoring device was tested by me, in accordance with the manufacturer's specifications, immediately prior to .......... hours and immediately after .......... hours, on that date and at that location, and I found it to be in proper working order. This prescribed speed monitoring device photographed motor vehicles while accurately and simultaneously measuring and recording their speed at that location and during those hours of operation, using Film Roll Number .......... . Each film roll is assigned a unique number and included in that film roll are photograph frames listed in numerical sequence.
The device photographs the motor vehicle on the film while accurately and simultaneously recording the following data on the data line at the bottom of the image, indicating from left to right: a single letter from A to P used as an image control character, followed by the film roll number, followed by the photograph frame number; the date the photograph was taken (year:month:day); the time the photograph was taken (hour:minute:second), followed by a single letter from A to Z confirming a successful internal check of the device, followed by either a plus (+) sign indicating the photographed motor vehicle was approaching the speed monitoring device, or a minus (−) sign indicating the photographed motor vehicle was receding from the speed monitoring device, followed by the photographed motor vehicle's speed indicated in kilometres per hour (km/h); and the unique deployment site code where the photograph was taken, followed by the qualified operator's identification number. That location was outside a municipality on that date.
Date: ..............................
Enforcement Officer's Signature: ........................................................................................
Enforcement Officer's Identification Number: ..............................
Enforcement Organization: ........................................................
[en. B.C. Reg. 185/96, s. 2.]
Photo Radar Program
Certificate of Enforcement Officer
Qualified Operator
Motor Vehicle Act: Section 146 (3)
I,........................................, am an enforcement officer and a qualified operator of the prescribed speed monitoring device described in this certificate. On ..........(date).........., between .......... hours and .......... hours, I was operating, according to the manufacturer's specifications, a .................................................., a prescribed speed monitoring device capable of photographing motor vehicles while accurately and simultaneously measuring and recording their speed. For the purpose of enforcing section 146 (3) of the Motor Vehicle Act, the prescribed speed monitoring device photographed the ........(front/rear)........ licence plate of motor vehicles ..........(approaching/receding from).......... the device, while accurately and simultaneously measuring and recording their speed as they travelled approximately ..........(direction).......... on a highway, namely ........................................, approximately ..............................(location on highway).............................. .......(at/near)....... ...............(city, place, or town)............... in the Province of British Columbia, which location was assigned a unique deployment site code.......... .
The prescribed speed monitoring device was tested by me, in accordance with the manufacturer's specifications, immediately prior to .......... hours and immediately after .......... hours, on that date and at that location, and I found it to be in proper working order. This prescribed speed monitoring device photographed motor vehicles while accurately and simultaneously measuring and recording their speed at that location and during those hours of operation, using Film Roll Number .......... . Each film roll is assigned a unique number and included in that film roll are photograph frames listed in numerical sequence.
The device photographs the motor vehicle on the film while accurately and simultaneously recording the following data on the data line at the bottom of the image, indicating from left to right: a single letter from A to P used as an image control character, followed by the film roll number, followed by the photograph frame number; the date the photograph was taken (year:month:day); the time the photograph was taken (hour:minute:second), followed by a single letter from A to Z confirming a successful internal check of the device, followed by either a plus (+) sign indicating the photographed motor vehicle was approaching the speed monitoring device, or a minus (−) sign indicating the photographed motor vehicle was receding from the speed monitoring device, followed by the photographed motor vehicle's speed indicated in kilometres per hour (km/h); and the unique deployment site code where the photograph was taken, followed by the qualified operator's identification number. Throughout those hours of operation, on that date, there was a sign in place which the Minister of Transportation and Infrastructure caused to be erected, pursuant to section 146 (3) of the Motor Vehicle Act, indicating a posted speed limit of .......... kilometres per hour (km/h) for all motor vehicles at that location travelling in that direction.
Date: ..............................
Enforcement Officer's Signature: ........................................................................................
Enforcement Officer's Identification Number: ..............................
Enforcement Organization: ........................................................
[en. B.C. Reg. 185/96, s. 2.]
Photo Radar Program
Certificate of Enforcement Officer
Qualified Operator
Motor Vehicle Act: Section 146 (5)
I,........................................, am an enforcement officer and a qualified operator of the prescribed speed monitoring device described in this certificate. On ..........(date).........., between .......... hours and .......... hours, I was operating, according to the manufacturer's specifications, a .................................................., a prescribed speed monitoring device capable of photographing motor vehicles while accurately and simultaneously measuring and recording their speed. For the purpose of enforcing section 146 (5) of the Motor Vehicle Act, the prescribed speed monitoring device photographed the ........(front/rear)........ licence plate of motor vehicles ..........(approaching/receding from).......... the device, while accurately and simultaneously measuring and recording their speed as they travelled approximately ..........(direction).......... on a highway, namely ........................................, approximately ..............................(location on highway).............................. .......(at/near)....... ...............(city, place, or town)............... in the Province of British Columbia, which location was assigned a unique deployment site code.......... .
The prescribed speed monitoring device was tested by me, in accordance with the manufacturer's specifications, immediately prior to .......... hours and immediately after .......... hours, on that date and at that location, and I found it to be in proper working order. This prescribed speed monitoring device photographed motor vehicles while accurately and simultaneously measuring and recording their speed at that location and during those hours of operation, using Film Roll Number .......... . Each film roll is assigned a unique number and included in that film roll are photograph frames listed in numerical sequence.
The device photographs the motor vehicle on the film while accurately and simultaneously recording the following data on the data line at the bottom of the image, indicating from left to right: a single letter from A to P used as an image control character, followed by the film roll number, followed by the photograph frame number; the date the photograph was taken (year:month:day); the time the photograph was taken (hour:minute:second), followed by a single letter from A to Z confirming a successful internal check of the device, followed by either a plus (+) sign indicating the photographed motor vehicle was approaching the speed monitoring device, or a minus (−) sign indicating the photographed motor vehicle was receding from the speed monitoring device, followed by the photographed motor vehicle's speed indicated in kilometres per hour (km/h); and the unique deployment site code where the photograph was taken, followed by the qualified operator's identification number. Throughout those hours of operation, on that date, that location was defined as an unorganized area in the Province and there was at the entrance to that area a sign in place that was erected in accordance with section 146 (4) of the Motor Vehicle Act indicating a posted speed limit of .......... kilometres per hour (km/h) for all motor vehicles at that location travelling in that direction.
Date: ..............................
Enforcement Officer's Signature: ........................................................................................
Enforcement Officer's Identification Number: ..............................
Enforcement Organization: ........................................................
[en. B.C. Reg. 185/96, s. 2.]
Photo Radar Program
Certificate of Enforcement Officer
Qualified Operator
Motor Vehicle Act: Section 146 (7)
I,........................................, am an enforcement officer and a qualified operator of the prescribed speed monitoring device described in this certificate. On ..........(date).........., between .......... hours and .......... hours, I was operating, according to the manufacturer's specifications, a .................................................., a prescribed speed monitoring device capable of photographing motor vehicles while accurately and simultaneously measuring and recording their speed. For the purpose of enforcing section 146 (7) of the Motor Vehicle Act, the prescribed speed monitoring device photographed the ........(front/rear)........ licence plate of motor vehicles ..........(approaching/receding from).......... the device, while accurately and simultaneously measuring and recording their speed as they travelled approximately ..........(direction).......... on a highway, namely ........................................, approximately ..............................(location on highway).............................. .......(at/near)....... ...............(city, place, or town)............... in the Province of British Columbia, which location was assigned a unique deployment site code.......... .
The prescribed speed monitoring device was tested by me, in accordance with the manufacturer's specifications, immediately prior to .......... hours and immediately after .......... hours, on that date and at that location, and I found it to be in proper working order. This prescribed speed monitoring device photographed motor vehicles while accurately and simultaneously measuring and recording their speed at that location and during those hours of operation, using Film Roll Number .......... . Each film roll is assigned a unique number and included in that film roll are photograph frames listed in numerical sequence.
The device photographs the motor vehicle on the film while accurately and simultaneously recording the following data on the data line at the bottom of the image, indicating from left to right: a single letter from A to P used as an image control character, followed by the film roll number, followed by the photograph frame number; the date the photograph was taken (year:month:day); the time the photograph was taken (hour:minute:second), followed by a single letter from A to Z confirming a successful internal check of the device, followed by either a plus (+) sign indicating the photographed motor vehicle was approaching the speed monitoring device, or a minus (−) sign indicating the photographed motor vehicle was receding from the speed monitoring device, followed by the photographed motor vehicle's speed indicated in kilometres per hour (km/h); and the unique deployment site code where the photograph was taken, followed by the qualified operator's identification number. Throughout those hours of operation, on that date and at that location, there was in place a sign erected pursuant to a bylaw adopted by the municipality of .............................. indicating a posted speed limit of .......... kilometres per hour (km/h) for that designated portion of the highway for motor vehicles travelling in that direction.
Date: ..............................
Enforcement Officer's Signature: ........................................................................................
Enforcement Officer's Identification Number: ..............................
Enforcement Organization: ........................................................
[en. B.C. Reg. 185/96, s. 2.]
Photo Radar Program
Certificate of Enforcement Officer
Qualified Operator
Motor Vehicle Act: Section 147 (1)
I,........................................, am an enforcement officer and a qualified operator of the prescribed speed monitoring device described in this certificate. On ..........(date).........., between .......... hours and .......... hours, I was operating, according to the manufacturer's specifications, a .................................................., a prescribed speed monitoring device capable of photographing motor vehicles while accurately and simultaneously measuring and recording their speed. For the purpose of enforcing section 147 (1) of the Motor Vehicle Act, the prescribed speed monitoring device photographed the ........(front/rear)........ licence plate of motor vehicles ..........(approaching/receding from).......... the device, while accurately and simultaneously measuring and recording their speed as the motor vehicles travelled in the vicinity (as indicated by displayed signs) of a school. The motor vehicles were travelling approximately ..........(direction).......... on a highway, namely ..................................., approximately ........................(location on highway)......................... .......(at/near)....... ...............(city, place, or town)............... in the Province of British Columbia, which location was assigned a unique deployment site code.......... .
The prescribed speed monitoring device was tested by me, in accordance with the manufacturer's specifications, immediately prior to .......... hours and immediately after .......... hours, on that date and at that location, and I found it to be in proper working order. This prescribed speed monitoring device photographed motor vehicles while accurately and simultaneously measuring and recording their speed at that location and during those hours of operation, using Film Roll Number .......... . Each film roll is assigned a unique number and included in that film roll are photograph frames listed in numerical sequence.
The device photographs the motor vehicle on the film while accurately and simultaneously recording the following data on the data line at the bottom of the image, indicating from left to right: a single letter from A to P used as an image control character, followed by the film roll number, followed by the photograph frame number; the date the photograph was taken (year:month:day); the time the photograph was taken (hour:minute:second), followed by a single letter from A to Z confirming a successful internal check of the device, followed by either a plus (+) sign indicating the photographed motor vehicle was approaching the speed monitoring device, or a minus (−) sign indicating the photographed motor vehicle was receding from the speed monitoring device, followed by the photographed motor vehicle's speed indicated in kilometres per hour (km/h); and the unique deployment site code where the photograph was taken, followed by the qualified operator's identification number. The above noted date was a day school was regularly held. Throughout those hours of operation, on that date there were signs displayed in the vicinity of that school stating a speed limit of 30 kilometres per hour (km/h). Throughout those hours of operation, on that date, at that location motor vehicles travelling in that direction were not permitted to exceed 30 kilometres per hour (km/h).
Date: ..............................
Enforcement Officer's Signature: ........................................................................................
Enforcement Officer's Identification Number: ..............................
Enforcement Organization: ........................................................
[en. B.C. Reg. 185/96, s. 2.]
Photo Radar Program
Certificate of Enforcement Officer
Qualified Operator
Motor Vehicle Act: Section 147 (2)
I,........................................, am an enforcement officer and a qualified operator of the prescribed speed monitoring device described in this certificate. On ..........(date).........., between .......... hours and .......... hours, being between dawn and dusk, I was operating, according to the manufacturer's specifications, a .................................................., a prescribed speed monitoring device capable of photographing motor vehicles while accurately and simultaneously measuring and recording their speed. For the purpose of enforcing section 147 (2) of the Motor Vehicle Act, the prescribed speed monitoring device photographed the ........(front/rear)........ licence plate of motor vehicles ..........(approaching/receding from).......... the device, while accurately and simultaneously measuring and recording their speed as they were passing a public playground for children. The motor vehicles were travelling approximately ..........(direction).......... on a highway, namely ...................................., approximately .......................(location on highway)....................... .......(at/near)....... ...............(city, place, or town)............... in the Province of British Columbia, which location was assigned a unique deployment site code.......... .
The prescribed speed monitoring device was tested by me, in accordance with the manufacturer's specifications, immediately prior to .......... hours and immediately after .......... hours, on that date and at that location, and I found it to be in proper working order. This prescribed speed monitoring device photographed motor vehicles while accurately and simultaneously measuring and recording their speed at that location and during those hours of operation, using Film Roll Number .......... . Each film roll is assigned a unique number and included in that film roll are photograph frames listed in numerical sequence.
The device photographs the motor vehicle on the film while accurately and simultaneously recording the following data on the data line at the bottom of the image, indicating from left to right: a single letter from A to P used as an image control character, followed by the film roll number, followed by the photograph frame number; the date the photograph was taken (year:month:day); the time the photograph was taken (hour:minute:second), followed by a single letter from A to Z confirming a successful internal check of the device, followed by either a plus (+) sign indicating the photographed motor vehicle was approaching the speed monitoring device, or a minus (−) sign indicating the photographed motor vehicle was receding from the speed monitoring device, followed by the photographed motor vehicle's speed indicated in kilometres per hour (km/h); and the unique deployment site code where the photograph was taken, followed by the qualified operator's identification number. On that date, those hours of operation were between dawn and dusk. Throughout those hours of operation, on that date, there were signs displayed stating a speed limit of 30 kilometres per hour (km/h). Throughout those hours of operation, on that date, at that location motor vehicles travelling in that direction were not permitted to exceed 30 kilometres per hour (km/h).
Date: ..............................
Enforcement Officer's Signature: ........................................................................................
Enforcement Officer's Identification Number: ..............................
Enforcement Organization: ........................................................
[en. B.C. Reg. 25/97, s. 2.]
Certificate of Enforcement Officer
Qualified Operator
Motor Vehicle Act: Section 146 (1): in a Municipality
I,........................................, am an enforcement officer and a qualified operator of the prescribed speed monitoring device described in this certificate. On ..........(date).........., between .......... hours and .......... hours, I was operating, according to the manufacturer's specifications, a .................................................., a prescribed speed monitoring device capable of photographing motor vehicles while accurately and simultaneously measuring and recording their speed. For the purpose of enforcing section 146 (1) of the Motor Vehicle Act, the prescribed speed monitoring device photographed the ........(front/rear)........ licence plate of motor vehicles ..........(approaching/receding from).......... the device, while accurately and simultaneously measuring and recording their speed as they travelled approximately ..........(direction).......... on a highway, namely ........................................, approximately ..............................(location on highway).............................. ................(at/near)............... ...............(city, place, or town)............... in the Province of British Columbia, which location was assigned a unique deployment site code.......... .
The prescribed speed monitoring device was tested by me, in accordance with the manufacturer's specifications, immediately prior to .......... hours and immediately after .......... hours, on that date and at that location, and I found it to be in proper working order. This prescribed speed monitoring device photographed motor vehicles while accurately and simultaneously measuring and recording their speed at that location and during those hours of operation, using Film Roll Number .......... . Each film roll is assigned a unique number and included in that film roll are photograph frames listed in numerical sequence.
The device photographs the motor vehicle on the film while accurately and simultaneously recording the following data on the data line at the bottom of the image, indicating from left to right: a single letter from A to P used as an image control character, followed by the film roll number, followed by the photograph frame number; the date the photograph was taken (year:month:day); the time the photograph was taken (hour:minute:second), followed by a single letter from A to Z confirming a successful internal check of the device, followed by either a plus (+) sign indicating the photographed motor vehicle was approaching the speed monitoring device, or a minus (−) sign indicating the photographed motor vehicle was receding from the speed monitoring device, followed by the photographed motor vehicle's speed indicated in kilometres per hour (km/h); and the unique deployment site code where the photograph was taken, followed by the qualified operator's identification number. On that date, the speed limit at that location was 50 kilometres per hour (km/h) and there were no signs in place otherwise governing the speed limit. That location was in the municipality of ............................................................................... on that date.
Date: ..............................
Enforcement Officer's Signature: ........................................................................................
Enforcement Officer's Identification Number: ..............................
Enforcement Organization: ........................................................
[en. B.C. Reg. 25/97, s. 2.]
Certificate of Enforcement Officer
Qualified Operator
Motor Vehicle Act: Section 146 (1): outside a Municipality
I,........................................, am an enforcement officer and a qualified operator of the prescribed speed monitoring device described in this certificate. On ..........(date).........., between .......... hours and .......... hours, I was operating, according to the manufacturer's specifications, a .................................................., a prescribed speed monitoring device capable of photographing motor vehicles while accurately and simultaneously measuring and recording their speed. For the purpose of enforcing section 146 (1) of the Motor Vehicle Act, the prescribed speed monitoring device photographed the ........(front/rear)........ licence plate of motor vehicles ..........(approaching/receding from).......... the device, while accurately and simultaneously measuring and recording their speed as they travelled approximately ..........(direction).......... on a highway, namely ........................................, approximately ..............................(location on highway).............................. ...............(at/near)............... ...............(city, place, or town)............... in the Province of British Columbia, which location was assigned a unique deployment site code.......... .
The prescribed speed monitoring device was tested by me, in accordance with the manufacturer's specifications, immediately prior to .......... hours and immediately after .......... hours, on that date and at that location, and I found it to be in proper working order. This prescribed speed monitoring device photographed motor vehicles while accurately and simultaneously measuring and recording their speed at that location and during those hours of operation, using Film Roll Number .......... . Each film roll is assigned a unique number and included in that film roll are photograph frames listed in numerical sequence.
The device photographs the motor vehicle on the film while accurately and simultaneously recording the following data on the data line at the bottom of the image, indicating from left to right: a single letter from A to P used as an image control character, followed by the film roll number, followed by the photograph frame number; the date the photograph was taken (year:month:day); the time the photograph was taken (hour:minute:second), followed by a single letter from A to Z confirming a successful internal check of the device, followed by either a plus (+) sign indicating the photographed motor vehicle was approaching the speed monitoring device, or a minus (−) sign indicating the photographed motor vehicle was receding from the speed monitoring device, followed by the photographed motor vehicle's speed indicated in kilometres per hour (km/h); and the unique deployment site code where the photograph was taken, followed by the qualified operator's identification number. On that date, the speed limit at that location was 80 kilometres per hour (km/h) and there were no signs in place otherwise governing the speed limit. That location was outside a municipality on that date.
Date: ..............................
Enforcement Officer's Signature: ........................................................................................
Enforcement Officer's Identification Number: ..............................
Enforcement Organization: ........................................................
[en. B.C. Reg. 125/97, s. 2.]
| CREST | Violation Ticket Number |
Certificate of Enforcement Officer
Vehicle Image Evidence
I,........................................, am an enforcement officer within the meaning of the Offence Act. For the purpose of providing evidence pursuant to section 83.2 (2) of the Motor Vehicle Act, I certify that:
a) the images on page 2 were gathered and recorded by a prescribed speed monitoring device;
b) the bottom image on page 2 is an enlargement of the top image showing the licence plate area of the alleged offending motor vehicle;
c) this alleged offending motor vehicle pictured in the images on page 2 bears the licence plate number ...................., issued in the jurisdiction of ..............................; and
d) the data line on the top image on page 2 is data which was electronically and simultaneously recorded in accordance with section 83.1 (10) of the Motor Vehicle Act and shows in sequence from left to right:
| Data Line | Description/Explanation |
| a single control character — a letter from A to P | |
| film roll identification number | |
| frame number | |
| date the image was captured (year:month:day) | |
| time the image was captured (hour:minute:second) | |
| a single control character — a letter from A to Z | |
| a minus (–) sign indicates the vehicle was receding from the device; a plus (+) sign indicates the vehicle was approaching the device | |
| speed of the alleged offending motor vehicle in kilometres per hour (km/h) | |
| location site identification code | |
| Qualified Operator's Enforcement Officer Identification Number |
Date: ..............................
Enforcement Officer's Signature: ........................................................................................
Enforcement Officer's Identification Number: ..............................
| CREST | Violation Ticket Number |
Certificate of Enforcement Officer
Vehicle Image Evidence
page 2
TOP IMAGE WITH DATA LINE
BOTTOM IMAGE
(LICENCE PLATE AREA ENLARGEMENT)
[en. B.C. Reg. 125/97, s. 2.]
CREST
Certificate of Enforcement Officer
Qualified Operator
Motor Vehicle Act: Section 140
(Speed in Construction Zone)
I,........................................, am an enforcement officer within the meaning of the Offence Act, and a qualified operator of the prescribed speed monitoring device described in this certificate. For the purpose of providing evidence pursuant to section 83.2 (2) of the Motor Vehicle Act, I certify that:
a) on ...................., between .......... hours and .......... hours, I operated, in accordance with the manufacturer's specifications, a(n) .................................................., (the "Device"), a prescribed speed monitoring device which photographed motor vehicles while accurately and simultaneously measuring and recording their speed;
b) I found the Device to be working properly throughout this period of time;
c) the Device monitored, photographed and recorded motor vehicles moving ...............(away from/toward)............ the Device as the vehicles were driven on a highway, namely .................................................. at or near .................... in the Province of British Columbia. This location has a unique site identification code: ..........;
d) the Device captures the image of each alleged offending motor vehicle on separate frames on the film and simultaneously records on each frame a line of data pertaining to the alleged offending motor vehicle in the photograph. This data line includes the unique film roll number being used, the frame number, the date and time of the photograph, the speed of the alleged offending motor vehicle, the site identification code, and my Enforcement Officer Identification Number;
e) the data line also shows the direction of travel of the alleged offending motor vehicle: a plus (+) means that the vehicle whose speed is recorded on the data line was travelling toward the Device, a negative (-) means that the vehicle whose speed is recorded on the data line was travelling away from the Device;
f) at the time I was operating the Device, work was being carried out on the highway where the photographed motor vehicles were travelling;
g) on that date throughout the hours I was operating the Device there was a regulatory traffic control device in place in accordance with section 139 of the Motor Vehicle Act indicating a maximum speed permitted of ..... km/h for motor vehicles at that location; and
h) this traffic control device governed the speed of the photographed motor vehicles and was visible to those vehicles prior to them being photographed.
Date: .............................. Film Roll Number(s):.............................
Enforcement Officer's Signature
and Identification Number: ........................................................................................
[en. B.C. Reg. 125/97, s. 2.]
CREST
Certificate of Enforcement Officer
Qualified Operator
Motor Vehicle Act: Section 146 (1)
(Speed in Municipality)
I,........................................, am an enforcement officer within the meaning of the Offence Act, and a qualified operator of the prescribed speed monitoring device described in this certificate. For the purpose of providing evidence pursuant to section 83.2 (2) of the Motor Vehicle Act, I certify that:
a) on ...................., between .......... hours and .......... hours, I operated, in accordance with the manufacturer's specifications, a(n) .................................................., (the "Device"), a prescribed speed monitoring device which photographed motor vehicles while accurately and simultaneously measuring and recording their speed;
b) I found the Device to be working properly throughout this period of time;
c) the Device monitored, photographed and recorded motor vehicles moving ...............(away from/toward)............ the Device as the vehicles were driven on a highway, namely .................................................. in the Province of British Columbia. This location has a unique site identification code: ..........;
d) the Device captures the image of each alleged offending motor vehicle on separate frames on the film and simultaneously records on each frame a line of data pertaining to the alleged offending motor vehicle in the photograph. This data line includes the unique film roll number being used, the frame number, the date and time of the photograph, the speed of the alleged offending motor vehicle, the site identification code, and my Enforcement Officer Identification Number;
e) the data line also shows the direction of travel of the alleged offending motor vehicle: a plus (+) means that the vehicle whose speed is recorded on the data line was travelling toward the Device, a negative (-) means that the vehicle whose speed is recorded on the data line was travelling away from the Device;
f) on that date the location where the motor vehicles were being photographed was in the municipality of..................................................; and
g) in accordance with section 146 (1) of the Motor Vehicle Act, the maximum speed permitted at that location was 50 kilometres per hour and there were no regulatory traffic signs in place which otherwise governed the maximum speed.
Date: .............................. Film Roll Number(s):.............................
Enforcement Officer's Signature
and Identification Number: ........................................................................................
[en. B.C. Reg. 125/97, s. 2.]
CREST
Certificate of Enforcement Officer
Qualified Operator
Motor Vehicle Act: Section 146 (1)
(Speed Outside Municipality)
I,........................................, am an enforcement officer within the meaning of the Offence Act, and a qualified operator of the prescribed speed monitoring device described in this certificate. For the purpose of providing evidence pursuant to section 83.2 (2) of the Motor Vehicle Act, I certify that:
a) on ...................., between .......... hours and .......... hours, I operated, in accordance with the manufacturer's specifications, a(n) .................................................., (the "Device"), a prescribed speed monitoring device which photographed motor vehicles while accurately and simultaneously measuring and recording their speed;
b) I found the Device to be working properly throughout this period of time;
c) the Device monitored, photographed and recorded motor vehicles moving ...............(away from/toward)............ the Device as the vehicles were driven on a highway, namely .................................................. near .................................. in the Province of British Columbia. This location has a unique site identification code: ..........;
d) the Device captures the image of each alleged offending motor vehicle on separate frames on the film and simultaneously records on each frame a line of data pertaining to the alleged offending motor vehicle in the photograph. This data line includes the unique film roll number being used, the frame number, the date and time of the photograph, the speed of the alleged offending motor vehicle, the site identification code, and my Enforcement Officer Identification Number;
e) the data line also shows the direction of travel of the alleged offending motor vehicle: a plus (+) means that the vehicle whose speed is recorded on the data line was travelling toward the Device, a negative (-) means that the vehicle whose speed is recorded on the data line was travelling away from the Device;
f) on that date the location where the motor vehicles were being photographed was outside a municipality; and
g) in accordance with section 146 (1) of the Motor Vehicle Act, the maximum speed permitted at that location was 80 kilometres per hour and there were no regulatory traffic signs in place which otherwise governed the maximum speed.
Date: .............................. Film Roll Number(s):.............................
Enforcement Officer's Signature
and Identification Number: ........................................................................................
[en. B.C. Reg. 125/97, s. 2.]
CREST
Certificate of Enforcement Officer
Qualified Operator
Motor Vehicle Act: Section 146 (3)
(Speed Against Highway Sign)
I,........................................, am an enforcement officer within the meaning of the Offence Act, and a qualified operator of the prescribed speed monitoring device described in this certificate. For the purpose of providing evidence pursuant to section 83.2 (2) of the Motor Vehicle Act, I certify that:
a) on ...................., between .......... hours and .......... hours, I operated, in accordance with the manufacturer's specifications, a(n) .................................................., (the "Device"), a prescribed speed monitoring device which photographed motor vehicles while accurately and simultaneously measuring and recording their speed;
b) I found the Device to be working properly throughout this period of time;
c) the Device monitored, photographed and recorded motor vehicles moving ...............(away from/toward)............ the Device as the vehicles were driven on a highway, namely ..................................................at or near .................................. in the Province of British Columbia. This location has a unique site identification code: ..........;
d) the Device captures the image of each alleged offending motor vehicle on separate frames on the film and simultaneously records on each frame a line of data pertaining to the alleged offending motor vehicle in the photograph. This data line includes the unique film roll number being used, the frame number, the date and time of the photograph, the speed of the alleged offending motor vehicle, the site identification code, and my Enforcement Officer Identification Number;
e) the data line also shows the direction of travel of the alleged offending motor vehicle: a plus (+) means that the vehicle whose speed is recorded on the data line was travelling toward the Device, a negative (-) means that the vehicle whose speed is recorded on the data line was travelling away from the Device;
f) on that date throughout the hours I was operating the Device there was a regulatory Maximum Speed traffic sign in place in accordance with section 146 (3) of the Motor Vehicle Act. This sign conformed to the Motor Vehicle Act Regulations and indicated a maximum speed permitted of ..... km/h for motor vehicles at that location travelling in that direction; and
g) this sign governed the speed of the photographed motor vehicles and was visible to those vehicles prior to them being photographed.
Date: .............................. Film Roll Number(s):.............................
Enforcement Officer's Signature
and Identification Number: ........................................................................................
[en. B.C. Reg. 125/97, s. 2.]
CREST
Certificate of Enforcement Officer
Qualified Operator
Motor Vehicle Act: Section 146 (7)
(Speed Against Municipal Sign)
I,........................................, am an enforcement officer within the meaning of the Offence Act, and a qualified operator of the prescribed speed monitoring device described in this certificate. For the purpose of providing evidence pursuant to section 83.2 (2) of the Motor Vehicle Act, I certify that:
a) on ...................., between .......... hours and .......... hours, I operated, in accordance with the manufacturer's specifications, a(n) .................................................., (the "Device"), a prescribed speed monitoring device which photographed motor vehicles while accurately and simultaneously measuring and recording their speed;
b) I found the Device to be working properly throughout this period of time;
c) the Device monitored, photographed and recorded motor vehicles moving ...............(away from/toward)............ the Device as the vehicles were driven on a highway, namely ..................................................at .................................. in the Province of British Columbia. This location has a unique site identification code: ..........;
d) the Device captures the image of each alleged offending motor vehicle on separate frames on the film and simultaneously records on each frame a line of data pertaining to the alleged offending motor vehicle in the photograph. This data line includes the unique film roll number being used, the frame number, the date and time of the photograph, the speed of the alleged offending motor vehicle, the site identification code, and my Enforcement Officer Identification Number;
e) the data line also shows the direction of travel of the alleged offending motor vehicle: a plus (+) means that the vehicle whose speed is recorded on the data line was travelling toward the Device, a negative (-) means that the vehicle whose speed is recorded on the data line was travelling away from the Device;
f) on that date throughout the hours I was operating the Device there was a regulatory Maximum Speed traffic sign in place in accordance with section 146 (7) of the Motor Vehicle Act. This sign conformed to the Motor Vehicle Act Regulations and indicated a maximum speed permitted of ..... km/h for motor vehicles at that location travelling in that direction; and
g) this sign was erected or placed on the highway in accordance with a bylaw adopted by the municipality of .............................. and governed the speed of the photographed motor vehicles. This sign was visible to those vehicles prior to them being photographed.
Date: .............................. Film Roll Number(s):.............................
Enforcement Officer's Signature
and Identification Number: ........................................................................................
[en. B.C. Reg. 125/97, s. 2.]
CREST
Certificate of Enforcement Officer
Qualified Operator
Motor Vehicle Act: Section 147 (1)
(Speed in School Zone)
I,........................................, am an enforcement officer within the meaning of the Offence Act, and a qualified operator of the prescribed speed monitoring device described in this certificate. For the purpose of providing evidence pursuant to section 83.2 (2) of the Motor Vehicle Act, I certify that:
a) on ...................., between .......... hours and .......... hours, I operated, in accordance with the manufacturer's specifications, a(n) .................................................., (the "Device"), a prescribed speed monitoring device which photographed motor vehicles while accurately and simultaneously measuring and recording their speed;
b) I found the Device to be working properly throughout this period of time;
c) the Device monitored, photographed and recorded motor vehicles moving ...............(away from/toward)............ the Device as the vehicles were driven on a highway, namely ..................................................at or near .................................. in the Province of British Columbia. This location has a unique site identification code: ..........;
d) the Device captures the image of each alleged offending motor vehicle on separate frames on the film and simultaneously records on each frame a line of data pertaining to the alleged offending motor vehicle in the photograph. This data line includes the unique film roll number being used, the frame number, the date and time of the photograph, the speed of the alleged offending motor vehicle, the site identification code, and my Enforcement Officer Identification Number;
e) the data line also shows the direction of travel of the alleged offending motor vehicle: a plus (+) means that the vehicle whose speed is recorded on the data line was travelling toward the Device, a negative (-) means that the vehicle whose speed is recorded on the data line was travelling away from the Device;
f) this location where the photographed motor vehicles were driving was in the vicinity of a school. During the hours I was operating the Device there were School Area (Warning) signs with regulatory 30 kilometres per hour tabs relating to that school displayed on the highway on which these motor vehicles were travelling. These signs conformed to the Motor Vehicle Act Regulations and established a maximum speed zone where the motor vehicles were photographed. These signs were visible to the vehicles prior to them being photographed;
g) the maximum speed permitted at this location for motor vehicles approaching, passing or driving in the vicinity (as indicated by the signs) of that school was 30 km/h in accordance with section 147 (1) of the Motor Vehicle Act; and
h) the date I was operating the Device was a day school was regularly held.
Date: .............................. Film Roll Number(s):.............................
Enforcement Officer's Signature
and Identification Number: ........................................................................................
[en. B.C. Reg. 125/97, s. 2.]
CREST
Certificate of Enforcement Officer
Qualified Operator
Motor Vehicle Act: Section 147 (2)
(Speed in Playground Zone)
I,........................................, am an enforcement officer within the meaning of the Offence Act, and a qualified operator of the prescribed speed monitoring device described in this certificate. For the purpose of providing evidence pursuant to section 83.2 (2) of the Motor Vehicle Act, I certify that:
a) on ...................., between .......... hours and .......... hours, I operated, in accordance with the manufacturer's specifications, a(n) .................................................., (the "Device"), a prescribed speed monitoring device which photographed motor vehicles while accurately and simultaneously measuring and recording their speed;
b) I found the Device to be working properly throughout this period of time;
c) the Device monitored, photographed and recorded motor vehicles moving ...............(away from/toward)............ the Device as the vehicles were driven on a highway, namely ..................................................at or near .................................. in the Province of British Columbia. This location has a unique site identification code: ..........;
d) the Device captures the image of each alleged offending motor vehicle on separate frames on the film and simultaneously records on each frame a line of data pertaining to the alleged offending motor vehicle in the photograph. This data line includes the unique film roll number being used, the frame number, the date and time of the photograph, the speed of the alleged offending motor vehicle, the site identification code, and my Enforcement Officer Identification Number;
e) the data line also shows the direction of travel of the alleged offending motor vehicle: a plus (+) means that the vehicle whose speed is recorded on the data line was travelling toward the Device, a negative (-) means that the vehicle whose speed is recorded on the data line was travelling away from the Device;
f) this location where the motor vehicles were photographed near a public playground for children. The vehicles were photographed as they were approaching or passing this playground. During the hours I was operating the Device there were Playground Area (Warning) signs with regulatory 30 kilometres per hour tabs relating to that playground displayed on the highway on which these vehicles were travelling. These signs conformed to the Motor Vehicle Act Regulations and established a maximum speed zone where the motor vehicles were photographed. These signs were visible to the vehicles prior to them being photographed;
g) the maximum speed permitted at this location for motor vehicles approaching or passing the playground was 30 km/h in accordance with section 147 (2) of the Motor Vehicle Act; and
h) on that date the hours I was operating the Device were between dawn and dusk.
Date: .............................. Film Roll Number(s):.............................
Enforcement Officer's Signature
and Identification Number: ........................................................................................
Repealed. [B.C. Reg. 353/2010, Sch. s. 1 (c).]
[en. B.C. Reg. 412/99, s. (b).]
| CREST | VIOLATION TICKET NUMBER |
Certificate of Enforcement Officer
Motor Vehicle Act: Section 129 (1)
Disobey Red Light at Intersection
I,........................................, am an enforcement officer within the meaning of the Offence Act, and a qualified intersection safety camera officer of the prescribed traffic light safety device, namely a ......................................................... (the "Device") described in this certificate. For the purpose of providing evidence of an offence under section 129 (1) of the Motor Vehicle Act and pursuant to section 83.2 (2) of the Act, I certify that:
1. a) on ....................(yyyy-mm-dd), at ..........(24 hour clock) hours, and a motor vehicle (the "Vehicle") proceeding ............................... on ......................................................., with the licence plate number ....................., issued in the jurisdiction of .................................., was driven through the intersection at ............................................................... at or near .............................. in the Province of British Columbia while a clearly visible red light alone facing the Vehicle was exhibited by a traffic control signal governing the intersection, and
b) the traffic control signal was erected in accordance with the Motor Vehicle Act Regulations, and
c) the evidence of this alleged contravention was gathered through the use of the Device;
2. a) the Device gathered the evidence by photographing or capturing two images of the Vehicle and accurately and simultaneously recording data related to that Vehicle and the traffic control signal mentioned in paragraph 1. The description of data found in Photographs One and Two is on page 2 of this certificate, and
b) Photograph One was taken just before the Vehicle entered the .................................... ............................................. (marked crosswalk on the near side of the intersection/intersection) facing the red light alone exhibited by the traffic control signal, and
c) Photograph Two was taken just after Photograph One and shows the Vehicle in Photograph One in the intersection mentioned in paragraph 1;
3. a) the Device functioned properly in accordance with the manufacturer's specifications at the time of the alleged contravention;
4. a) the licence plate number on the Vehicle was identified from the evidence gathered by the Device by ..................................................................................... (method of identification), and
b) in this certificate all times referred to are indicated in the 24 hour clock format; and
5. the databox on the top centre of Photographs One and Two was electronically and simultaneously recorded in accordance with section 83.1 (10) of the Motor Vehicle Act and shows data in sequences from left to right and top to bottom on page 2.
Date Certificate Completed: ...............................
Enforcement Officer's Signature
and ITCU ID. #: ........................................................................................
CREST
Certificate of Enforcement Officer
Page 2
PHOTOGRAPH ONE
| Reading from left to right: |
| The top line of Photograph One records the photograph time and date. |
| The middle line records: • before the Y: the lane number in which the Vehicle was travelling, namely, ............................................................. ............................................................. • after the Y: the number of seconds* the traffic control signal was yellow before the red phase, and • after the R: the number of seconds* the traffic control signal facing the Vehicle had been red before the photograph was taken. |
| The bottom line records: • the violation number, • the film roll number, and • the location site identification code, being the last four digits. |
* The large number is seconds and the small number is rounded to a tenth of a second.
PHOTOGRAPH TWO
| Reading from left to right: |
| The top line of Photograph Two records the photograph time and date. |
| The middle line records: • the number of seconds** between Photograph One and Photograph Two, and • after the R: the number of seconds* the traffic control signal facing the Vehicle had been red before the photograph was taken. |
| The bottom line records: • the violation number, • the film roll number, and • after the V= or V: the speed of the Vehicle in kilometres per hour. |
** Recorded to the hundredth of a second.
* The large number is seconds and the small number is rounded to a tenth of a second.
Section 42.01 definition of "blood delivery vehicle" was added by BC Reg 198/2010, effective June 25, 2010.
Section 42.01 definition of "electric motor vehicle" was added by BC Reg 64/2016, effective March 2, 2016.
Section 42.01 definition of "freeway" BEFORE repealed by BC Reg 64/2016, effective March 2, 2016.
"freeway" means the Trans-Canada Highway #1, Highway #99 and Highway #17;
Section 42.02 (3) BEFORE amended by BC Reg 198/2010, effective June 25, 2010.
(3) Subsection (2) does not apply to
(a) the driver of a marked vehicle responding to a disabled vehicle or another emergency on the laned roadway where the high occupancy vehicle lane is located,
(b) the driver of an emergency vehicle,
(c) a peace officer on active duty, or
(d) an operator of a cycle, motor cycle, taxi or handy dart vehicle.
Section 42.02 (1) (part) and (4) BEFORE amended by BC Reg 64/2016, effective March 2, 2016.
(1) A person must not stop or park a vehicle or cycle in a high occupancy vehicle lane on a highway other than a freeway except
(4) Despite subsection (3) (d), subsection (2) applies to an operator of a cycle, motor cycle, taxi or handy dart vehicle if a traffic control device specifies that the operator is not to use the high occupancy vehicle lane except as specified in subsection (2).
Section 42.02 (2) BEFORE amended by BC Reg 64/2016, effective March 2, 2016.
(2) A driver of a vehicle that is not a high occupancy vehicle must not use a high occupancy vehicle lane on a highway other than a freeway except if necessary
(a) to make a right turn from the lane, at the first intersection where the turn is permitted, to access a highway intersecting the lane or premises adjacent to the lane,
(b) to make a right turn from an intersecting highway or premises adjacent to the lane, at the first intersection where the turn is permitted, to access the highway in which the lane is situated, or
(c) to merge into an adjacent vehicle lane for the purposes of paragraph (b).
Section 42.02 (3) (a) and (d) BEFORE amended by BC Reg 64/2016, effective March 2, 2016.
(a) the driver of a marked vehicle responding to a disabled vehicle or another emergency on the laned roadway where the high occupancy vehicle lane is located,
(d) an operator of a cycle, motor cycle, taxi or handy dart vehicle, or
Section 42.03 (3) BEFORE amended by BC Reg 198/2010, effective June 25, 2010.
(3) Subsection (2) does not apply to
(a) the driver of a marked vehicle responding to a disabled vehicle or another emergency on the freeway,
(b) the driver of an emergency vehicle,
(c) a peace officer on active duty, or
(d) an operator of a motor cycle, taxi or handy dart vehicle.
Section 42.03 BEFORE repealed by BC Reg 64/2016, effective March 2, 2016.
Rules for use of high occupancy lanes — Trans-Canada Highway
42.03 (1) A person must not stop or park a vehicle in a high occupancy vehicle lane on a freeway except
(a) to comply with a traffic control device,
(b) to comply with the instructions given by an officer, or
(c) the driver of the following vehicles while attending to a disabled vehicle or an emergency:
(2) A driver of a vehicle that is not a high occupancy vehicle must not use a high occupancy vehicle lane on a freeway.
(3) Subsection (2) does not apply to
(a) the driver of a marked vehicle responding to a disabled vehicle or another emergency on the freeway,
(b) the driver of an emergency vehicle,
(c) a peace officer on active duty,
(d) an operator of a motor cycle, taxi or handy dart vehicle, or
(e) the driver of a blood delivery vehicle while transporting blood or blood products.
[en. B.C. Reg. 314/98, s. 2; am. B.C. Regs. 257/2000, s. 3; 198/2010, Sch. s. 2.]
Sections 43.02 to 43.07 BEFORE repealed by BC Reg 238/2010, effective September 20, 2010.
Statutory declaration
lost, stolen or destroyed driver's licence
43.02 The prescribed form of statutory declaration for the purpose of section 94.4 (1) (c) of the Act is set out in Form 2.
[en. B.C. Reg. 160/97.]
Report to superintendent
43.03 (1) The prescribed forms of report to the superintendent for the purposes of section 94.3 (d) of the Act are set out in Forms 2.1 and 3.
(2) The prescribed form of report to the superintendent for the purposes of sections 104.4 (1) (c) (i) and 105.3 (1) (c) (i) of the Act is set out in Form 3.
[en. B.C. Reg. 418/2000, s. (b).]
Notice of impoundment
43.04 The prescribed notice of impoundment and instructions for the purposes of sections 104.4 (3) and 105.3 (3) of the Act are set out in Form 4.
[en. B.C. Reg. 160/97.]
Lien on impounded vehicle
43.05 The following costs and charges are prescribed under sections 104.5 (2) (a) and 105.4 (2) (a) of the Act:
(a) for storage:
(i) $19.55 per day for impound lots located within the Greater Vancouver Regional District, the District of Squamish, the District of Chilliwack, the District of Abbotsford, the District of Mission or the City of Victoria;
(ii) $16.10 per day for impound lots located outside the areas described in subparagraph (i);
(b) for towing, as set out in the following table:
| Item | Distance and Amounts | Size and Weight Categories | ||
| Column 1 | Column 2 Up to 3 628 kg/GVW Automobiles, vans, pickups, motorcycles, etc.* | Column 3 3 629 kg to 7 257 kg/GVW Medium duty trucks and trailers, etc.* | Column 4 7 258 kg/GVW and over Heavy trucks and trailers, etc.* | |
| 1 | Up to 6.0 km | $78.89 | $92.17 | $153.64 |
| 2 | 6.1 to 16.0 km, Add per km | $2.99 | $3.45 | $4.31 |
| 3 | 16.1 to 32.0 km, Add per km | $2.47 | $3.16 | $3.68 |
| 4 | 32.1 km and over, Add per km | $2.19 | $2.59 | $2.99 |
| * Appropriate size towing vehicle to be used | ||||
[en. B.C. Reg. 61/99; am. B.C. Regs. 91/2001; 183/2002; 365/2005; 10/2007; 113/2009.]
Section 43.08 BEFORE amended by BC Reg 238/2010, effective September 20, 2010.
Fees
43.08 (1) The prescribed hearing fee for review of a driving prohibition under section 94.4 (1) (b) (ii) of the Act is $50.
(2) The prescribed fee for an oral hearing under section 94.4 (5) (b) of the Act is $100.
(3) The prescribed fee for a review of an impoundment under sections 104.6 (1) (b) (ii) and 105.5 (1) (b) (ii) of the Act is $50.
(4) The prescribed fee for an oral hearing under sections 104.6 (5) (b) and 105.5 (5) (b) of the Act is $100.
(5) The prescribed hearing fee under sections 104.9 (1) (b) (ii) and 105.8 (1) (b) (ii) of the Act is $50.
(6) The prescribed fee for an oral hearing under sections 104.9 (5) (b) and 105.8 (5) (b) of the Act is $100.
(7) The prescribed application fee for the release of a motor vehicle on compassionate grounds under sections 104.91 (3) (c) and 105.9 (3) (c) of the Act is $100.
(8) The prescribed vehicle release fee for the release of a motor vehicle on compassionate grounds under sections 104.91 (4) (b) and 105.9 (4) (b) of the Act is $100.
(9) The prescribed application fee for the release of a motor vehicle on economic hardship grounds under section 105.95 (2) (c) of the Act is $100.
(10) The prescribed impound release fee for the release of a motor vehicle on economic hardship grounds under section 105.95 (3) (b) of the Act is $450.
[en. B.C. Reg. 160/97; am. B.C. Reg. 165/2002.]
Section 43.09, Form 1 BEFORE re-enacted by BC Reg 256/2018, effective January 7, 2019.
[en. B.C. Reg. 418/2000, s. (c).]
[section 43.01 (1)]
Division 43, Form 1 BEFORE re-enacted by BC Reg 125/2019, effective July 15, 2019.
[en. B.C. Reg. 256/2018, s. (b).]
[section 43.01 (1)]
Division 43, Forms 2 to 6 BEFORE repealed by BC Reg 238/2010, effective September 20, 2010.
[en. B.C. Reg. 160/97.]
[section 43.02]
[en. B.C. Reg. 418/2000, s. (c).]
[section 43.03]
[en. B.C. Reg. 160/97.]
[section 43.03]
[en. B.C. Reg. 160/97.]
[section 43.04]
[en. B.C. Reg. 160/97.]
[section 43.06]
[en. B.C. Reg. 160/97.]
[section 43.07]
Division 43, Form 7 BEFORE re-enacted by BC Reg 119/2012, effective June 15, 2012.
[en. B.C. Reg. 238/2010, Sch. s. 5.]
[section 43.01 (2)]
Section 44.1 definitions of "CSA standard D409-92" and "CSA standard Z605-95" BEFORE repealed by BC Reg 166/2019, effective September 16, 2019.
"CSA standard D409-92" means the Canadian Standards Association standard D409-92, Motor Vehicle for the Transportation of Persons with Physical Disabilities, as adopted and modified by section 44.3;
"CSA standard Z605-95" means the Canadian Standards Association standard Z605-95, Mobility Aid Securement and Occupant Restraint (MASOR) Systems for Motor Vehicles, as amended from time to time by the Canadian Standards Association;
Section 44.1 definition of "CSA standard Z605" was added by BC Reg 166/2019, effective September 16, 2019.
Section 44.2 (2) BEFORE self-repealed by BC Reg 26/58, effective January 1, 2011.
(2) Subsection (1) does not apply to an operator of an accessible taxi if the vehicle
(a) was placed into commercial service before July 1, 2000, and
(b) meets the mobility aid securement and occupant restraint requirements in section 44.8.
Section 44.2 (1) BEFORE amended by BC Reg 166/2019, effective September 16, 2019.
(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.
Section 44.2 (3) BEFORE repealed by BC Reg 166/2019, effective September 16, 2019.
Section 44.3 (1) and (2) BEFORE amended by BC Reg 166/2019, effective September 16, 2019.
(1) The Canadian Standards Association standard D409-92, Motor Vehicle 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 division, this division prevails.
Section 44.7 (2) BEFORE amended by BC Reg 166/2019, effective September 16, 2019.
(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 Z605-95.
Section 44.8 (1) and (2) BEFORE amended by BC Reg 166/2019, effective September 16, 2019.
(1) Every accessible taxi must be equipped with mobility aid securement devices that conform with CSA standard Z605-95 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 Z605-95.
Section 46.04, Table, items 9.1, 9.2 and 9.3 were added by BC Reg 206/2018, effective October 5, 2018.
Section 46.04, Table, items 11 and 14 BEFORE amended by BC Reg 206/2018, effective October 5, 2018.
| 11 | Person has been convicted of an offence under section 255 (2) of the Criminal Code in respect of a motor vehicle [operates a motor vehicle while impaired by alcohol or a drug and causes bodily harm] | 6 | 0 |
| 14 | Person has been convicted of an offence under section 255 (3) of the Criminal Code in respect of a motor vehicle [operates a motor vehicle while impaired by alcohol or a drug and causes death] | 6 | 0 |
Section 46.04, Table, items 1.1, 1.2 and 1.3 were added by BC Reg 125/2019, effective July 15, 2019.
Section 46.10 (1) BEFORE amended by BC Reg 117/2016, effective June 16, 2016.
(1) The prescribed fee for a remedial program under section 25.1 or 25.2 of the Act is $880.
Section 47.01 (b) BEFORE amended by BC Reg 145/2013, effective April 1, 2013.
(b) an ambulance as defined in the Emergency and Health Services Act,
Section 47.01 BEFORE re-enacted by BC Reg 227/2014, effective January 1, 2015.
Definition
47.01 In this Division, "official vehicle" means
(a) a motor vehicle operated by a peace officer, constable or member of the police branch of Her Majesty's Armed Forces in the discharge of his or her duty,
(b) an ambulance as defined in the Emergency Health Services Act,
(c) a motor vehicle operated by fire services personnel as defined in the Fire Services Act in the discharge of personnel duties,
(e) a motor vehicle operated by one of the following in the discharge of his or her duty:
(i) a member of the Conservation Officer Service as described in section 106 of the Environmental Management Act;
(ii) a person authorized to exercise the powers and perform the duties of a constable or peace officer for purposes set out in the Inspectors Authorization Regulation, B.C. Reg. 372/92;
(iii) a person authorized to exercise the powers conferred on, and perform the duties of, peace officers for the purposes of enforcing the Passenger Transportation Act and the Passenger Transportation Regulation;
(iv) a park ranger appointed under section 4 (2) of the Park Act;
(v) a person employed in the Ministry of Forests and Range who is appointed as a special provincial constable under section 9 of the Police Act.
[en. B.C. Reg. 148/2009, s. 2; am. B.C. Reg. 145/2013, App. 2, s. 11 (b).]
Section 47.02 (1) BEFORE amended by BC Reg 227/2014, effective January 1, 2015.
(1) Subject to subsection (2), if an official vehicle with illuminated flashing red or blue lamps or lights, or both, or flashing amber lamps or lights is stopped on or on the side of a highway, a person driving a motor vehicle on the highway in either direction must drive the motor vehicle at the following rate of speed when approaching or passing the 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.
Section 47.02 (3) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(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 his or her motor vehicle into another lane of the laned roadway, if any.