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).]

Prescribed provisions

1.02   For the purpose of paragraph (f) of the definition of "motor vehicle related Criminal Code offence" in section 1 of the Act, section 253 (3) (a), (b) and (c) of the Criminal Code is prescribed.

[en. B.C. Reg. 206/2018, s. 1.]

 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.]

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.]

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.]

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 he may

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.]

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).]

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;

(ii) a wheel sander;

(iii) automatic tire chains;

(iv) a textile tire cover;

(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;

(vi) 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.]

Winter tires

7.162   A winter tire as defined in section 208 of the Act shall have not less than 3.5 mm of tread depth across the surface of the tire in contact with the road.

[en. B.C. Reg. 161/76, s. 1; am. B.C. Reg. 343/77.]

Chains

7.163   A reference to chains in a public notice or sign under section 208 of the Act refers to chains or traction devices.

[en. B.C. Reg. 177/2015, App. s. 3.]

 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.]

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.

 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.]

10.18   A commercial passenger vehicle and a business vehicle shall be equipped with at least one speedometer which shall be maintained in effective working order and located so as to be visible by the driver of the vehicle while in his normal seated position.

 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).]

Extraprovincial society

19.13   An extraprovincial society registered under the Society Act is prescribed for the purposes of section 4 (2) (c) of the Act.

[en. B.C. Reg. 23/94.]

20.31   If the registrar cancels all the dealer's licences held by a dealer, that dealer shall forthwith surrender any demonstration licences and corresponding number plates issued to him to the Insurance Corporation of British Columbia.

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.

 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.]

 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.]

 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.]

 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.]

 Non-schedule signs

23.06  All regulatory or warning signs, other than those depicted in Schedules 1 and 2 shall conform in design and colour with regulatory or warning signs of similar functional type shown in the 2 schedules.

[en. B.C. Reg. 598/77, s. 1; am. B.C. Reg. 531/2004, s. 3.]

 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.]

 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.]

 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.]

 Substitution

23.08  Wherever the word "reflectorized" is used in Schedules 1 and 2, the word "illuminated" may be substituted.

[en. B.C. Reg. 598/77, s. 1; am. B.C. Reg. 531/2004, s. 2.]

 Substitution

23.08  Wherever the word "reflectorized" is used in Schedules 1, 2 and 5, the word "illuminated" may be substituted.

[en. B.C. Reg. 598/77, s. 1; am. B.C. Regs. 531/2004, s. 2; 39/2010, App. A, s.4.]

 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.]

 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.]

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.]

 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.]

 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.]

 Golf carts

24.04  A person may drive or operate a golf cart on a highway within the parking lot of a golf course, or for the purpose of carrying golfers and their equipment from one part of a golf course to another part of the same golf course.

[en. B.C. Reg. 351/2008, Sch. s. 13.]

 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.]

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.]

 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.]

 Definition

24.10  In this Part, "vehicle" means a motor vehicle that is

(a) regulated under this Division, and

(b) driven or operated on a highway.

[en. B.C. Reg. 351/2008, Sch. s. 13.]

 Operation of a vehicle and trailer

24.18  A person may drive or operate a vehicle and a trailer on a highway only in accordance with section 7.07 [trailer connections and towed vehicles].

[en. B.C. Reg. 351/2008, Sch. s. 13.]

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.]

 General offence

24.22  A person commits an offence who drives or operates an air cushion vehicle, golf cart, neighbourhood zero emission vehicle, snow vehicle, snowmobile or utility vehicle in contravention of this Division.

[en. B.C. Reg. 351/2008, Sch. s. 13.]

 Maintenance obligations

25.17  The owner of every vehicle to which this Part applies must ensure that it is not driven, operated or parked on a highway unless it is maintained so as to comply in all respects with the standards.

[en. B.C. Reg. 304/2001.]

 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.]

 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.]

 Costs of dispute

26.09  Where a person requires that a dispute be determined by a Provincial Court judge, he shall deposit the sum of $10 (cash, certified cheque or money order) for the costs of the hearing at the time he gives his notice.

[en. B.C. Reg. 372/78, s. 3.]

 Notice of date of hearing

26.10  Where a person gives notice that he will dispute a violation report, the clerk of the court or judge shall provide the disputant with written notice of the date of the hearing at least 7 days in advance thereof.

[en. B.C. Reg. 119/69; am. B.C. Reg. 372/78, s. 1.]

Point penalties on driving record

28.01   If a person is convicted of an offence, the Insurance Corporation of British Columbia must record on the driving record of that person the number of point penalties for that offence as set out in the Schedule.

[en. B.C. Reg. 413/97, App. 1, s. 22.]

Transitional

28.02   (1) Spent.

(2) The duty of the Insurance Corporation of British Columbia to record point penalties for breaches of those provisions set out in Table 4 of the Schedule and marked "+" has effect on and after December 4, 1985.

[am. B.C. Reg. 317/96, s. 1.]

Transitional

28.02   (1) Spent.

(2) The duty of the Insurance Corporation of British Columbia to record point penalties for breaches of those provisions set out in Table 4 of the Schedule to this Division and marked "+" has effect on and after December 4, 1985.

[am. B.C. Regs. 317/96, s. 1; 59/2016, App. 2, s. 1.]

Transition

28.03   (1) If a person is convicted under section 30.072 (1) (a) or (b) of an offence that took place before October 18, 2021, the Insurance Corporation of British Columbia must record 4 point penalties on the driving record of that person.

(2) This section is repealed on October 18, 2023.

[en. B.C. Reg. 235/2021, Sch. 1, s. 1.]

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;

(c) motorcycles;

(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.

(2) A system or device

(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

and

(B) in the case of a heavy duty vehicle, the formula

(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

(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

(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.]

 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.]

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).]

Offence

30.13   A person commits an offence who fails to display the signs required by section 30.10 (2) or (4).

[en. B.C. Reg. 80/2002.]

 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).]

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.]

Repeal

30F.03   This Division is repealed on January 11, 2021.

[en. B.C. Reg. 93/2020; am. B.C. Reg. 240/2020, App. 1, s. 3.]

30F.03   This Division is repealed on the date that is 100 days after the end of the COVID-19 emergency.

Exemption — taxi driver

32.02   A taxi driver, while operating a taxi on a highway at a speed of less than 70 kilometres per hour, is exempt from the provisions of section 220 (4) of the Act.

[en. B.C. Reg. 426/77.]

Exemption — taxi driver

32.03   A taxi driver is exempt from the provisions of section 220 (6) of the Act while transporting a passenger for hire in a taxi.

[en. B.C. Reg. 426/77.]

34.08   Where a licensee has a personalized number plate, he shall, where possible, have first priority on that combination of characters for a further term if he makes timely application for it in the manner required by this regulation.

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.

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.

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

Definitions for Division 37

37.01   In this Division:

"adverse driving conditions" means

(a) snow, sleet, fog or other adverse weather conditions,

(b) a highway covered with snow or ice, or

(c) unusual adverse road and driving conditions,

which were not known to the driver or the person dispatching the driver before the driver began the driving time;

"applicant" means a person who applies for a safety certificate;

"carrier", in relation to a commercial motor vehicle, means

(a) the owner of the commercial motor vehicle,

(b) a person, other than the owner, who manages the commercial motor vehicle or determines the uses to which the commercial motor vehicle may be put,

(c) the lessee of the commercial motor vehicle, if the lease has a term of one month or more, or

(d) a person who holds a licence under the Passenger Transportation Act that authorizes the commercial motor vehicle to be operated as a passenger directed vehicle under a transportation network services authorization,

but a person is not a carrier only because the person is the driver of the commercial motor vehicle;

"co-driver" means a person who is present in a commercial motor vehicle because the person has been, or is about to be, its driver;

"commercial motor vehicle" means a motor vehicle, used in the course of business for the transportation of persons or freight, that is one or more of the following:

(a) a truck or truck tractor, including a trailer, if any, attached to the truck or truck tractor, having a licensed gross vehicle weight of more than 5 000 kg;

(b) a bus;

(c) a commercial passenger vehicle operated under a licence or temporary operating permit issued under the Passenger Transportation Act;

(d) a business vehicle within the meaning of section 237 of the Act having a licensed gross vehicle weight of more than 5 000 kg;

"cycle" means

(a) cycle 1, under which on-duty time is accumulated over a period of 7 days, and

(b) cycle 2, under which on-duty time is accumulated over a period of 14 days;

"daily log" means a record in the form set out in Schedule 2 of this Part containing the information required by section 37.18.02;

"day", in respect of a driver, means a 24-hour period that begins at the hour designated by the carrier for the duration of the driver's cycle;

"driver" means a person who drives a commercial motor vehicle;

"driving time" means the period of time that a driver is at the controls of a commercial motor vehicle when the engine of the motor vehicle is in operation;

"duty status" means, in respect of a driver,

(a) off duty time other than off duty time under paragraph (b),

(b) off duty time spent in a sleeper berth,

(c) driving time, or

(d) on duty time other than driving time;

"electronic recording device" means an electric, electronic or telematic device that is installed in a commercial motor vehicle and is capable of accurately recording, in accordance with section 37.18.03, each period of duty status, in whole or in part;

"home terminal" means the place of business of a carrier at which a driver ordinarily reports for work and, for the purposes of sections 37.18 to 37.18.02 and Schedule 2 of this Part, includes a temporary work site designated by the carrier;

"licensed gross vehicle weight" means the gross vehicle weight for which a commercial motor vehicle is licensed under the Commercial Transport Act;

"off duty time" means any period other than on duty time;

"oil well service vehicle" means a commercial motor vehicle that is

(a) specially constructed, altered or equipped to accommodate a specific service requirement associated with the oil or natural gas industry, and

(b) used exclusively in the oil or natural gas industry for transporting equipment or materials to and from oil or natural gas facilities or for servicing and repairing oil or natural gas facilities;

"on duty" with respect to a driver and "on-duty time" means the period that begins when a driver begins work or is required by the carrier to be available to work, except when the driver is waiting to be assigned to work, and ends when the driver stops work or is relieved of responsibility by the carrier, and includes driving time and time spent by the driver

(a) inspecting, servicing, repairing, conditioning or starting a commercial motor vehicle,

(b) travelling in a commercial motor vehicle as a co-driver, when the time is not spent in the sleeper berth,

(c) participating in the loading or unloading of a commercial motor vehicle,

(d) inspecting or checking the load of a commercial motor vehicle,

(e) waiting for a commercial motor vehicle to be serviced, loaded, unloaded or dispatched,

(f) waiting for a commercial motor vehicle or its load to be inspected,

(g) waiting at an en-route point because of an accident or other unplanned occurrence or situation,

(h) resting in or occupying a commercial motor vehicle for any other purpose, except

(i) time counted as off-duty time in accordance with section 37.13,

(ii) time spent in a sleeper berth,

(iii) time spent in a stationary commercial motor vehicle to satisfy the requirements of sections 37.13.02 and 37.13.03, and

(iv) time spent in a stationary commercial motor vehicle that is in addition to the off-duty requirements of section 37.13.03, and

(i) performing any work for any carrier;

"principal place of business" means the place identified in writing by the carrier to the director, and approved by the director, where daily logs, supporting documents and the records required to be maintained by section 37.29 are kept by the carrier;

"safety certificate" means a certificate issued under section 37.04 or a certificate issued under the law of any jurisdiction, in or outside Canada, where the law relating to the requirements is substantially the same as in this regulation;

"sleeper berth" means an area of a commercial motor vehicle that meets the requirements of Schedule 1 of this Part;

"supporting document" means a document or information recorded or stored by any means required by the director to assess compliance with this Part;

"trip inspection report" means a record kept pursuant to section 37.23.

[en. B.C. Reg. 456/90; am. B.C. Regs. 414/99, s. 8; 380/2004; 64/2005, s. 18; 36/2007, s. 1; 166/2019, s. 7; 64/2021, s. 2.]

Definition of "carrier" for sections 118.94, 212 (1) and 237 of Act

37.011   For the purposes of sections 118.94, 212 (1) and 237 of the Act, "carrier" has the same meaning as in section 37.01 of this regulation.

[en. B.C. Reg. 166/2019, s. 8.]

Definition of "commercial motor vehicle" for section 118.94 of Act

37.012   For the purposes of section 118.94 of the Act, "commercial motor vehicle" has the same meaning as in section 37.01 of this regulation.

[en. B.C. Reg. 166/2019, s. 8.]

Certificate required

37.02   (1) Subject to subsection (2), no carrier shall permit a driver to drive for the carrier, and no driver shall drive a commercial motor vehicle, unless the carrier holds a valid safety certificate issued by the director under this Division.

(2) No safety certificate is required under subsection (1) to drive

(a) a vehicle not required to display a number plate issued under the Motor Vehicle Act or the Commercial Transport Act, or

(b) a road building machine as defined in the Commercial Transport Act, a farm tractor or implement of husbandry.

(3) The director may exempt persons or commercial motor vehicles from subsection (1) unconditionally or on conditions the director considers desirable and may substitute other requirements if the director considers it desirable for the purpose of more effectively promoting and securing road safety.

(4) A person shall not represent, in any way, that a commercial motor vehicle is operated pursuant to a safety certificate other than the one issued to the carrier.

(5) A carrier shall maintain evidence of a valid safety certificate in all commercial motor vehicles for which the carrier is required to hold a safety certificate and shall make the evidence available for inspection on demand by a peace officer.

(6) Where a commercial motor vehicle is not required to display a number plate issued under the Motor Vehicle Act or the Commercial Transport Act, the carrier does not require a safety certificate to operate that vehicle unless the director, for the purpose of promoting and securing road safety, restricts the use of the motor vehicle to use in conjunction with a safety certificate held by the carrier.

[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, ss. 2 and 24; 135/2003, ss. 1 and 3.]

Application for safety certificate

37.03   (1) A person wishing to obtain a safety certificate from the director must first provide to the director

(a) an application for the safety certificate in the form established by the director,

(b) a non-refundable application fee in the amount prescribed under the Motor Vehicle Fees Regulation, B.C. Reg. 334/91,

(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 a driver's licence, and dated not later than the driver's date of employment,

(d) a safety plan demonstrating the establishment of and the ability to maintain practices and procedures necessary to ensure that the person complies with the Act and this regulation,

(e) for each of the commercial motor vehicles for which the person is required to hold a safety certificate,

(i) records of vehicle inspection and maintenance required under Division 25,

(ii) records of all notices of defects received from the vehicle's manufacturer and evidence satisfactory to the director that those defects have been corrected, and

(iii) records of all accidents in which the vehicle was involved that resulted in

(A) the injury or death of a human being, or

(B) total damage to all property, including cargo, of $1 000 or more, based on actual costs or a reliable estimate, and

(f) such other information as the director may request relating to the road safety history of the person and the person's vehicles and drivers.

(2) The director may refuse to issue a safety certificate

(a) to a corporation where a director or officer of the corporation has held a safety certificate that was suspended or cancelled for cause,

(b) to an individual where the individual has been an officer or director of a corporation and the corporation held a safety certificate that was suspended or cancelled for cause, or

(c) to a person whose application materials, in the opinion of the director, do not demonstrate a satisfactory road history for any of the following:

(i) the person making the application;

(ii) one or more of that person's vehicles;

(iii) if that person is a corporation, one or more of the directors or officers of that person;

(iv) one or more of the drivers employed or otherwise engaged by that person within British Columbia.

(2.1) If the director gives notice under section 118.96 (2) of the Act in respect of a person and the person applies under section 118.97 of the Act, the director may, pending the show cause hearing and any reconsideration, defer issuing a safety certificate

(a) to a corporation, if the person in respect of whom the notice is given is a director or officer of the corporation, or

(b) to an individual, if the individual has been an officer or director of a corporation and the corporation is the person in respect of whom the notice is given.

(3) A person shall hold no more than one valid and subsisting safety certificate.

[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, ss. 2 and 3; 48/99, s. (a); 77/99, s. 1; 89/2001, s. 1; 135/2003, ss. 1, 3, 9 and 10; 166/2019, s. 9; 64/2021, s. 3.]

Issuance of safety certificate

37.04   (1) The director shall issue a safety certificate to an applicant if, in the director's opinion,

(a) the applicant or, where the applicant is a corporation, a director or officer of the corporation,

(i) has knowledge of motor vehicle safety rules and regulations as they apply in British Columbia, including this regulation, and

(ii) where the applicant is or intends to be transporting dangerous goods, has knowledge of the Transport of Dangerous Goods Act and the Transportation of Dangerous Goods Act (Canada) and the regulations made under both those Acts,

(b) the applicant has a satisfactory history of commercial motor vehicle safety,

(c) the applicant has provided satisfactory evidence that the applicant's commercial motor vehicles are in safe mechanical condition,

(c.1) the applicant has provided satisfactory evidence as to the establishment of and the ability to maintain practices and procedures necessary to ensure that the applicant complies with the Act and this regulation, and

(d) the applicant has met the requirements of this regulation.

(2) If the director refuses to issue a safety certificate, the director must deliver written reasons to the applicant.

(3) If the holder of a safety certificate claims, in writing, that the certificate has been lost, destroyed or wrongfully taken, the director must issue to that holder a new certificate in place of the original if the holder pays to the director the replacement certificate fee in the amount prescribed under the Motor Vehicle Fees Regulation, B.C. Reg. 334/91.

[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, ss. 2 and 25; 48/99, s. (b); 77/99, s. 2; 135/2003, ss. 1, 3 and 11; 64/2021, s. 6.]

Condition

37.05   (1) The director is authorized and empowered to issue safety certificates with or without conditions.

(2) The holder of a safety certificate which is subject to a condition under subsection (1) shall comply with the condition.

[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, s. 2; 135/2003, s. 1.]

Changes

37.06   A holder of a safety certificate shall notify the director of any change in the holder's name or address within 10 days after the change.

[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, s. 2; 135/2003, s. 1.]

Safety rating

37.061   To reflect the application of matters referred to in this Division for a carrier, the director may assign one of the following safety ratings to the carrier:

(a) satisfactory — unaudited;

(b) satisfactory;

(c) conditional;

(d) unsatisfactory.

[en. B.C. Reg. 89/2001, s. 2; am. B.C. Reg. 135/2003, s. 1.]

Profiles

37.07   (1) The director may monitor the safety records of carriers and of drivers, including the following:

(a) warnings and notices given to carriers by the director, police officers and other officials who have duties respecting road safety;

(b) warnings and notices given to drivers by the director, the superintendent, police officers and other officials who have duties respecting road safety;

(c) accidents reported under section 249 of the Act.

(2) The director may compile information and profiles of carriers with respect to

(a) accidents reported under section 249 of the Act,

(b) their compliance with the requirements of the Act and this regulation and with other enactments of British Columbia or any other jurisdiction, respecting commercial motor vehicles and road safety, and

(c) records described in section 37.03 (1) (e) (iii) and 37.29 (1) (c) (iii).

(3) The director may share information and profiles of carriers compiled under subsection (2) with

(a) the government of Canada,

(b) the government of a province, or

(c) an agency of (a) or (b) that is responsible for the administration or enforcement of the National Safety Code in that jurisdiction.

[en. B.C. Reg. 413/97, App. 1, s. 26; am. B.C. Regs. 89/2001, s. 3; 135/2003, ss. 1 and 3; 191/2008, s. (b).]

Name of carrier to be marked on business vehicle

37.071   A carrier who holds a safety certificate must ensure that whenever a business vehicle in respect of which that safety certificate is held is being operated on a highway, the name of the carrier who holds the safety certificate for the vehicle is displayed on both sides of the vehicle

(a) in one or both of letters and figures at least 5 cm high, and

(b) in a manner that makes that name clearly visible to the public.

[en. B.C. Reg. 414/99, s. 9.]

Notice of safety certificate number

37.072   If a commercial motor vehicle is operated under a carrier's safety certificate,

(a) the carrier must, promptly after the commercial motor vehicle begins to operate under the authority of that safety certificate, provide written notice, signed by the carrier, to the owner of the commercial motor vehicle of the carrier's safety certificate number,

(b) the owner must, at the time of licensing or renewing the licence for the commercial motor vehicle, provide written notice, signed by the owner, of that safety certificate number to the Insurance Corporation of British Columbia, and

(c) if the owner changes carriers after providing the information required under paragraph (b), the owner must, promptly after that change, provide written notice, signed by the owner, of the new carrier's safety certificate number to the Insurance Corporation of British Columbia.

[en. B.C. Reg. 414/99, s. 9.]

Repealed

37.08-
37.10  
Repealed. [B.C. Reg. 135/2003, s. 12.]

Application of this Part

37.11   This Part does not apply to a driver who is driving

(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 the driver's employer is the producer of the products,

(a.1) a 2 or 3 axle commercial motor vehicle that is being used for a return trip after transporting the primary products of a farm, forest, sea or lake, if the vehicle is empty or is transporting products used in the principal operation of a farm, forest, sea, or lake,

(b) Repealed. [B.C. Reg. 36/2007, s. 2 (b).]

(c) an emergency vehicle,

(d) a commercial motor vehicle transporting passengers or goods for the purpose of providing relief in the case of an earthquake, flood, fire, famine, drought, epidemic, pestilence or other disaster,

(e) a road building machine as defined in the Commercial Transport Act, a farm tractor or an implement of husbandry,

(f) a commercial motor vehicle that is equipped with a mounted mobile service rig, or equipment that is directly used in the operation or the transportation of a mounted mobile service rig,

(g) a commercial motor vehicle within the definition of "commercial motor vehicle" in section 37.01 but for personal use if

(i) the vehicle has been unloaded,

(ii) any trailers have been unhitched,

(iii) the distance travelled does not exceed 75 km in a day,

(iv) the driver makes a notation in the daily log indicating the odometer reading at the beginning and end of the personal use, and

(v) the driver is not the subject of an out-of-service declaration, or

(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 the driver while travelling to or from that site.

[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, s. 3; 135/2003, ss. 1 and 3; 36/2007, s. 2; 64/2021, ss. 4 and 6.]

Exemption for commercial motor vehicles of a certain weight

37.11.01   The director may

(a) exempt from this Part, unconditionally, or on conditions the director considers desirable, commercial motor vehicles with a licensed gross vehicle weight or gross vehicular weight of over 5 000 kilograms and under 11 795 kilograms, and

(b) substitute, if the director considers it desirable for the purpose of more effectively promoting and securing road safety, other requirements in a case in which the director grants an exemption under paragraph (a).

[en. B.C. Reg. 382/2007.]

Exemption for transport to and from motion picture production sites

37.11.02   The director may

(a) exempt from this Part, unconditionally or on conditions the director considers desirable, commercial motor vehicles providing transportation of persons or property to or from a motion picture production site, and

(b) substitute, if the director considers it desirable for the purpose of more effectively promoting and securing road safety, other requirements in a case in which the director grants an exemption under paragraph (a).

[en. B.C. Reg. 63/2019.]

Responsibilities of carriers, shippers, consignees and drivers

37.12   A carrier, shipper, consignee or other person must not request, require or allow a driver to drive and a driver must not drive if

(a) the driver's faculties are impaired by fatigue, illness or a mental or physical infirmity to the point that it is unsafe for the driver to drive,

(b) driving would jeopardize or be likely to jeopardize the safety or health of the public, the driver or the employees of the carrier,

(c) the driver is the subject of an out-of-service declaration, or

(d) the driver, in doing so, would not be in compliance with this Part.

[en. B.C. Reg. 36/2007, s. 3.]

Travelling as a passenger — off-duty time

37.13   If a driver, who has, at the request of the carrier by whom the driver is employed or otherwise engaged, spent time travelling as a passenger in a commercial motor vehicle to the destination at which the driver will begin driving, takes 8 consecutive hours of off-duty time before beginning to drive, the time spent as a passenger must be counted as off-duty time.

[en. B.C. Reg. 36/2007, s. 3.]

Daily driving and on-duty time

37.13.01   (1) A carrier must not request, require or allow a driver to drive and a driver must not drive after the driver has accumulated 13 hours of driving time in a day.

(2) A carrier must not request, require or allow a driver to drive and a driver must not drive after the driver has accumulated 14 hours of on-duty time in a day.

[en. B.C. Reg. 36/2007, s. 3.]

Mandatory off-duty time

37.13.02   (1) A carrier must not request, require or allow a driver to drive and a driver must not drive after the driver has accumulated 13 hours of driving time unless the driver takes at least 8 consecutive hours of off-duty time before driving again.

(2) A carrier must not request, require or allow a driver to drive and a driver must not drive after the driver has accumulated 14 hours of on-duty time unless the driver takes at least 8 consecutive hours of off-duty time before driving again.

(3) A carrier must not request, require or allow a driver to drive and a driver must not drive after 16 hours of time have elapsed between the conclusion of the most recent period of 8 or more consecutive hours of off-duty time and the beginning of the next period of 8 or more consecutive hours of off-duty time.

(4) A carrier must not request, require or allow a driver to drive and a driver must not drive if the driver has not taken at least 24 consecutive hours of off-duty time in the previous 14 days.

[en. B.C. Reg. 36/2007, s. 3.]

Daily off-duty time

37.13.03   (1) A carrier must ensure that a driver takes and the driver must take at least 10 hours of off-duty time in a day.

(2) Off-duty time other than the mandatory 8 consecutive hours may be distributed throughout the day in blocks of no fewer than 30 minutes each.

(3) The total amount of off-duty time taken by a driver in a day must include at least 2 hours of off-duty time that does not form part of a period of 8 consecutive hours of off-duty time required by section 37.13.02.

[en. B.C. Reg. 36/2007, s. 3.]

Deferral of daily off-duty time

37.13.04   Despite sections 37.13.01 and 37.13.03, a driver who is not splitting off-duty time in accordance with section 37.16 or 37.16.01 may defer a maximum of 2 hours of the daily off-duty time to the following day if

(a) the off-duty time deferred is not part of the mandatory 8 consecutive hours of off-duty time,

(b) the total off-duty time taken in the 2 days is at least 20 hours,

(c) the off-duty time deferred is added to the 8 consecutive hours of off-duty time taken in the second day,

(d) the total driving time in the 2 days does not exceed 26 hours, and

(e) there is a declaration in the "Remarks" section of the daily log that states that the driver is deferring off-duty time under this section and that clearly indicates whether the driver is driving under day one or day two of that time.

[en. B.C. Reg. 36/2007, s. 3.]

Ferries

37.14   Despite sections 37.13.02 and 37.13.03, a driver travelling by a ferry crossing that takes more than 5 hours is not required to take the mandatory 8 consecutive hours of off-duty time if

(a) the time spent resting in a sleeper berth while waiting at the terminal to board the ferry, in rest accommodations on the ferry and at a rest stop that is no more than 25 km from the point of disembarkation from the ferry combine to total a minimum of 8 hours,

(b) the hours are recorded in the daily log as off-duty time spent in a sleeper berth,

(c) the driver retains, as a supporting document, the receipt for the crossing and rest accommodation fees, and

(d) the supporting document coincides with the daily log entries.

[en. B.C. Reg. 36/2007, s. 3.]

Logging truck hours

37.15   (1) If a driver is driving a commercial motor vehicle designed exclusively for the transportation of logs or poles,

(a) the driver must not drive after 13 hours of driving time or 15 hours of on-duty time unless the driver first takes at least 9 consecutive hours of off-duty time,

(b) sections 37.16.02, 37.16.03 and 37.16.04 do not apply to the carrier or the driver if

(i) 15 hours have not elapsed since the end of the most recent period of 9 or more consecutive hours of off-duty time, and

(ii) the driver takes at least 24 consecutive hours of off-duty time at least once in every period of 7 consecutive days, and

(c) the off-duty time referred to in paragraphs (a) and (b) is recorded in the daily log as off-duty time and as "operating under logging truck hours" in the "Remarks" section of the daily log.

(2) A carrier must not allow a driver operating under this section to drive and a driver must not drive after having completed a cycle of

(a) 65 hours of driving time, or

(b) 80 hours of on-duty time

during any period of 7 consecutive days.

(3) Despite section 37.16.05, a driver who drives a commercial motor vehicle in accordance with this section must not reset the cycle.

(4) Despite section 37.13.04, a driver who drives a commercial motor vehicle in accordance with this section must not defer off-duty time.

[en. B.C. Reg. 36/2007, s. 3.]

Oil well service vehicle hours

37.15.01   (1) If a driver is driving an oil well service vehicle, sections 37.16.02, 37.16.03 and 37.16.04 do not apply to the carrier or the driver if

(a) in addition to complying with daily off-duty requirements of section 37.13.03, the driver takes, in any period of 24 days, at least 3 periods of off-duty time

(i) each of which is at least 24 hours long, and

(ii) that may be taken consecutively or separated by on-duty time, and

(b) the driver takes at least 72 consecutive hours of off-duty time after the completion of driving in accordance with this subsection and before beginning to follow a cycle in accordance with section 37.16.02, 37.16.03 or 37.16.04.

(2) Waiting time and standby time at an oil or natural gas well site or ancillary facility must not be included as on-duty time if

(a) the driver performs no work during the time, and

(b) the time is fully and accurately recorded in the daily log as off-duty time and denoted as waiting or standby time in the "Remarks" section.

(3) The time referred to in subsection (2) must not be included in the mandatory minimum of 8 consecutive hours of off-duty time.

[en. B.C. Reg. 36/2007, s. 3.]

Splitting of daily off-duty time — single driver

37.16   (1) A driver who is driving a commercial motor vehicle fitted with a sleeper berth that meets the requirements of Schedule 1 of this Part, may meet the mandatory off-duty time and daily off-duty time requirements of sections 37.13.02 and 37.13.03 by accumulating off-duty time in no more than 2 periods if

(a) neither period of off-duty time is shorter than 2 hours,

(b) the total of the 2 periods of off-duty time is at least 10 hours,

(c) the off-duty time is spent resting in the sleeper berth,

(d) the total of the driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 13 hours,

(e) the elapsed time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 16th hour after the driver comes on duty,

(f) none of the daily off-duty time is deferred to the next day, and

(g) the total of the on-duty time in the periods immediately before and after each of the periods of off-duty time referred to in paragraph (b) does not include any driving time after the 14th hour.

(2) The 16th hour is calculated by

(a) excluding any period spent in the sleeper berth that is 2 hours or more in duration and that, when added to a subsequent period in the sleeper berth, totals at least 10 hours, and

(b) including

(i) all on-duty time,

(ii) all off-duty time not spent in the sleeper berth,

(iii) all periods of fewer than 2 hours spent in the sleeper berth, and

(iv) any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section.

(3) A carrier must not request, require or allow a driver to begin to drive again and a driver must not begin to drive again in accordance with the requirements of sections 37.13.02 and 37.13.03 without first taking at least 8 consecutive hours of off-duty time.

[en. B.C. Reg. 36/2007, s. 3.]

Splitting of daily off-duty time — team of drivers

37.16.01   (1) A team of drivers driving a commercial motor vehicle fitted with a sleeper berth that meets the requirements of Schedule 1 of this Part, may meet the mandatory off-duty time and daily off-duty time requirements of sections 37.13.02 and 37.13.03 by accumulating off-duty time in no more than 2 periods if

(a) neither period of off-duty time is shorter than 4 hours,

(b) the total of the 2 periods of off-duty time is at least 8 hours,

(c) the off-duty time is spent resting in the sleeper berth,

(d) the total of the driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 13 hours,

(e) the elapsed time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 16th hour after the driver comes on duty,

(f) none of the daily off-duty time is deferred to the next day,

(g) the total of the on-duty time in the periods immediately before and after each of the periods of off-duty time referred to in paragraph (b) does not include any driving time after the 14th hour, and

(h) the total of off-duty time in the day is at least 10 hours.

(2) The 16th hour is calculated by

(a) excluding any period spent in the sleeper berth that is 4 hours or more in duration and that, when added to a subsequent period in the sleeper berth, totals at least 8 hours, and

(b) including

(i) all on-duty time,

(ii) all off-duty time not spent in the sleeper berth,

(iii) all periods of fewer than 4 hours spent in the sleeper berth, and

(iv) any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section.

(3) A carrier must not request, require or allow a driver to begin to drive again and a driver must not begin to drive again in accordance with the requirements of sections 37.13.02 and 37.13.03 without first taking at least 8 consecutive hours of off-duty time.

[en. B.C. Reg. 36/2007, s. 3.]

Cycles

37.16.02   A carrier must require that a driver follows and the driver must follow either cycle 1 or cycle 2.

[en. B.C. Reg. 36/2007, s. 3.]

Cycle 1

37.16.03   Subject to section 37.16.05, a carrier must not request, require or allow a driver who is following cycle 1 to drive and a driver who is following cycle 1 must not drive after the driver has accumulated 70 hours of on-duty time during any period of 7 days or, if the driver has reset the cycle in accordance with section 37.16.05, during the period of the cycle that was ended.

[en. B.C. Reg. 36/2007, s. 3.]

Cycle 2

37.16.04   Subject to section 37.16.05, a carrier must not request, require or allow a driver who is following cycle 2 to drive and a driver who is following cycle 2 must not drive after the driver has accumulated

(a) 120 hours of on-duty time during any period of 14 days or, if the driver has reset the cycle in accordance with section 37.16.05, during the period of the cycle that was ended, or

(b) 70 hours of on-duty time without having taken at least 24 consecutive hours of off-duty time.

[en. B.C. Reg. 36/2007, s. 3.]

Cycle reset — off-duty time

37.16.05   (1) A driver may end the current cycle and begin a new cycle if the driver first takes the following off-duty time:

(a) for cycle 1, at least 36 consecutive hours;

(b) for cycle 2, at least 72 consecutive hours.

(2) After taking the off-duty time, the driver begins a new cycle, the accumulated hours are set back to zero and the driver's hours begin to accumulate again.

[en. B.C. Reg. 36/2007, s. 3.]

Cycle switching — off-duty time

37.16.06   (1) A carrier must not request, require or allow a driver to switch and a driver must not switch from one cycle to the other without first taking the following off-duty time before beginning to drive again:

(a) to switch from cycle 1 to cycle 2, at least 36 consecutive hours;

(b) to switch from cycle 2 to cycle 1, at least 72 consecutive hours.

(2) After taking the off-duty time, the driver begins the other cycle, the accumulated hours are set back to zero and the driver's hours begin to accumulate again.

[en. B.C. Reg. 36/2007, s. 3.]

Exemption for commercial motor vehicles other than oil well service vehicles

37.17   (1) The director may, by permit in writing and unconditionally or on conditions the director considers desirable, make an exemption in respect of a carrier and substitute other requirements if the director considers it desirable for the purpose of more effectively promoting and securing road safety, provided that

(a) the exemption is for no longer than one year,

(b) the exemption relates to a commercial motor vehicle other than an oil well service vehicle,

(c) the exemption only does one or both of the following:

(i) reduces the 2 hours of daily off-duty time required by section 37.13.03 (3);

(ii) increases driving time and on-duty time of up to a total of 2 hours,

(d) the reduction of off-duty time or the increase in driving time is required

(i) to allow a driver following a regular itinerary to reach the driver's home terminal or destination,

(ii) to allow the delivery of perishable goods, or

(iii) to accommodate a significant temporary increase in the transportation of passengers or goods by the carrier, and

(e) the safety and health of the public, the driver or the employees of the carrier are not or are not likely to be jeopardized.

(2) In order to apply for an exemption under this section, the carrier must provide to the director

(a) an application in the form established by the director, and

(b) information, forms and records the director requires, in the form required by the director, relating to the road safety history of the carrier and of the commercial motor vehicles and drivers of the carrier.

[en. B.C. Reg. 36/2007, s. 3; am. B.C. Reg. 64/2021, s. 3.]

Exemption by director in unforeseen event

37.17.01   Despite anything in this Part, the director may, unconditionally or on conditions the director considers desirable, exempt by permit in writing a carrier from a requirement of this Part in circumstances where the director can reasonably form the opinion that the carrier cannot, because of an unforeseen event or emergency or because of accident, fire, explosion, technical failure or the forces of nature, comply with the requirement.

[en. B.C. Reg. 36/2007, s. 3.]

Obligations of carrier with exemption

37.17.02   (1) A carrier to whom an exemption is given by the director must

(a) require that a copy of the exemption is placed in each commercial motor vehicle in respect of which it applies,

(b) provide the director with a list of the commercial motor vehicles in respect of which the exemption applies and keep the director informed of any changes so that the director may accurately and quickly identify the vehicles,

(c) make available for inspection by the director or a peace officer, immediately on request, the daily log and the supporting documents of the drivers of the commercial motor vehicles in respect of which the exemption applies, and

(d) notify the director in writing without delay of any accident involving any of the commercial motor vehicles to which the exemption applies if it is required, by the laws of the province, state or country in which the accident occurred, to be reported to the police.

(2) A driver who is driving in accordance with an exemption given by the director must drive, and the carrier must ensure that the driver drives, in accordance with the conditions or requirements of the exemption.

[en. B.C. Reg. 36/2007, s. 3; am. B.C. Reg. 64/2021, s. 2.]

Emergencies and adverse driving conditions

37.17.03   (1) The requirements of this Part in respect of driving time, on-duty time and off-duty time do not apply to a driver who, in an emergency, requires more driving time to reach a destination that provides safety for the occupants of the commercial motor vehicle and for other users of the road or the security of the commercial motor vehicle and its load.

(2) A driver who encounters adverse driving conditions while operating the vehicle may extend the allowed 13 hours of driving time specified in sections 37.13.01 and 37.13.02 and reduce the 2 hours of daily off-duty time required by section 37.13.03 (3) by the amount of time needed to complete the trip if

(a) the driving, on-duty and elapsed time in the elected cycle is not extended more than 2 hours,

(b) the driver still takes the required 8 consecutive hours of off-duty time, and

(c) the trip could have been completed under normal driving conditions without the reduction.

(3) A driver who extends the driver's 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.

[en. B.C. Reg. 36/2007, s. 3; am. B.C. Reg. 64/2021, s. 3.]

Local time to be used in daily log

37.18   A requirement that a driver record time in a daily log is a requirement to record the time using the local time at the driver's home terminal.

[en. B.C. Reg. 36/2007, s. 3.]

Requirement to fill out a daily log

37.18.01   (1) A carrier must require every driver to fill out and every driver must fill out a daily log each day that accounts for all of the driver's on-duty time and off-duty time for that day.

(2) This section does not apply if

(a) the driver operates or is instructed by the carrier to operate a commercial motor vehicle within a radius of 160 km of the home terminal,

(b) the driver returns to the home terminal each day to begin a minimum of 8 consecutive hours of off-duty time, and

(c) the carrier maintains accurate and legible records showing, for each day, the driver's duty status and elected cycle, the hour at which each duty status begins and ends and the total number of hours spent in each status and keeps those records for a minimum period of 6 months after the day on which they were recorded.

(3) Despite subsection (2), this section applies to an oil well service vehicle whether or not paragraphs (a) to (c) are met by the driver of and carrier for the oil well service vehicle.

[en. B.C. Reg. 36/2007, s. 3.]

Content of daily logs

37.18.02   (1) At the beginning of each day, a carrier must require that a driver enters legibly and the driver must enter legibly the following information in the daily log:

(a) the date, the start time if different than midnight, the name of the driver and, if the driver is a member of a team of drivers, the names of the co-drivers;

(b) in the case of a driver who is not driving in accordance with an oil well service vehicle exemption, the cycle that the driver is following;

(c) the commercial motor vehicle licence plates or unit numbers;

(d) the odometer reading of each of the commercial motor vehicles operated by the driver;

(e) the names and the addresses of the home terminal and the principal place of business of every carrier by whom the driver was employed or otherwise engaged during that day;

(f) in the "Remarks" section of the daily log, if the carrier or driver was not required to keep a daily log immediately before the beginning of the day, the number of hours of off-duty time and on-duty time that were accumulated by the driver each day during the 14 days immediately before the beginning of the day;

(g) if applicable, a declaration in the "Remarks" section of the daily log that states that the driver is deferring off-duty time under section 37.13.04 and that clearly indicates whether the driver is driving under day one or day two of that time.

(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 the driver's duty status changes, as that information becomes known.

(3) At the end of each day, the carrier must require that the driver records and the driver must record the total hours for each duty status and the total distance driven by the driver that day, excluding the distance driven in respect of the driver's personal use of the vehicle, as well as the odometer reading at the end of the day, and sign the daily log attesting to the accuracy of the information recorded in it.

[en. B.C. Reg. 36/2007, s. 3; am. B.C. Reg. 64/2021, s. 3.]

Use of electronic recording devices

37.18.03   A driver may use an electronic recording device for recording the driver's duty status if

(a) the information contained in the electronic recording device is the same as the information that would have been provided if it had been submitted as a daily log in paper format,

(b) when requested to do so by the director or a peace officer, the driver can immediately provide the information for the previous 14 days by producing it on a digital display screen of the electronic recording device or in handwritten form or on a printout or any other intelligible output, or any combination of these,

(c) the device is capable of displaying

(i) the driving time and other on-duty time for each day on which the device is used,

(ii) the total on-duty time remaining and the total on-duty time accumulated in the cycle being followed by the driver, and

(iii) the sequential changes in duty status and the time at which each change occurred for each day on which the device is used,

(d) the driver is capable, if so requested by the director or a peace officer, of preparing a handwritten daily log from the information stored in the device for each day on which the device is used,

(e) the device automatically records when it is disconnected and reconnected and keeps a record of the time and date of these occurrences,

(f) the device records the time spent in each duty status of the driver,

(g) any hard copy of the daily log that is generated from the information that is stored in the device is signed on each page by the driver attesting to its accuracy, and

(h) the carrier provides blank daily log forms in the commercial motor vehicle for the driver's use.

[en. B.C. Reg. 36/2007, s. 3; am. B.C. Reg. 64/2021, s. 3.]

Possession of daily logs and supporting documents by drivers

37.18.04   A driver who is required to fill out a daily log must not drive and a carrier must not request, require or allow the driver to drive unless the driver has in the driver's possession

(a) a copy of the daily logs for the previous 14 days or, in the case of a driver to whom section 37.13 applies or who is driving an oil well service vehicle, for the previous 24 days,

(b) the daily log for the current day, completed up to the time at which the last change in the driver's duty status occurred, and

(c) any supporting documents or other relevant records that the driver received in the course of the current trip.

[en. B.C. Reg. 36/2007, s. 3; am. B.C. Reg. 64/2021, s. 3.]

Distribution and keeping of daily logs

37.18.05   (1) A driver must, within 20 days after completing a daily log, forward the original daily log and supporting documents to the home terminal and the carrier must ensure that the driver does so.

(2) A driver who is employed or otherwise engaged by more than one carrier in any day must forward, within 20 days after completing a daily log, and the carriers must ensure that the driver forwards

(a) the original of the daily log to the home terminal of the first carrier for which the driver worked and a copy of it to the home terminal of each other carrier for which the driver worked, and

(b) the original supporting documents to the home terminal of the applicable carrier.

(3) The carrier must

(a) deposit the daily logs and supporting documents at its principal place of business within 30 days after receiving them, and

(b) keep the daily logs and supporting documents in chronological order for each driver for a period of at least 6 months.

[en. B.C. Reg. 36/2007, s. 3.]

Tampering

37.18.06   (1) A carrier must not request, require or allow a driver to keep and a driver must not keep more than one daily log in respect of any day.

(2) A carrier must not request, require or allow any person to enter and a person must not enter inaccurate information in a daily log, whether it is handwritten or produced using an electronic recording device, or falsify, mutilate or deface a daily log or supporting documents.

[en. B.C. Reg. 36/2007, s. 3.]

Monitoring by carrier

37.19   (1) A carrier must monitor the compliance with this Part of each driver.

(2) A carrier that determines there has been non-compliance with this Part by a driver must take immediate remedial action.

(3) A carrier referred to in subsection (2) must,

(a) issue a notice of non-compliance to the driver, and

(b) record the date on which the non-compliance occurred, the date of issuance of the notice of non-compliance and the action taken by the carrier.

[en. B.C. Reg. 36/2007, s. 3.]

Out-of-service declaration

37.19.01   (1) A director or peace officer may issue an out-of-service declaration in respect of a driver if

(a) the driver contravenes section 37.12 (a) or (b),

(b) the driver fails to comply with any of the driving time or off-duty time requirements of sections 37.13.01 to 37.16.06 or the conditions or requirements of an exemption,

(c) the driver is unable or refuses to produce the driver's daily log book in accordance with section 37.20,

(d) there is evidence that shows that the driver has completed more than one daily log, has entered inaccurate information in the daily log or has falsified information in the daily log, or

(e) the driver has mutilated or defaced a daily log or a supporting document in such a way that the director or peace officer cannot determine whether the driver has complied with the driving time and off-duty time requirements of sections 37.13.01 to 37.16.06 or the conditions or requirements of an exemption.

(2) An out-of-service declaration applies

(a) for 10 consecutive hours, if the driver contravenes section 37.12 (a) or (b),

(b) for 10 consecutive hours, if the driver contravenes section 37.13.01,

(c) for the number of hours needed to correct the failure, if the driver fails to comply with the off-duty time requirements of any of sections 37.13.01 to 37.16.06, and

(d) for 72 consecutive hours, if the driver contravenes section 37.18.06 or 37.20.

(3) The out-of-service declaration in respect of a driver who contravenes section 37.18.06 or 37.20 continues to apply beyond the 72 hours until the driver rectifies the daily log, if applicable, and provides it to the director or peace officer so that the director or peace officer is able to determine whether the driver has complied with this Part.

[en. B.C. Reg. 36/2007, s. 3; am. B.C. Reg. 64/2021, s. 3.]

Authority to enter premises for an inspection

37.19.02   (1) A peace officer may at any reasonable time enter or stop and enter a commercial motor vehicle, except for its sleeper berth, for the purpose of inspecting the daily logs and supporting documents.

(2) A peace officer may, at any reasonable time, enter the sleeper berth of a commercial motor vehicle or stop a commercial motor vehicle and enter its sleeper berth for the purpose of verifying that the sleeper berth meets the requirements of Schedule 1 of this Part.

[en. B.C. Reg. 36/2007, s. 3.]

Production of daily logs and supporting documents by driver

37.20   (1) At the request of a peace officer, a driver must immediately produce for inspection daily logs, supporting documents and other relevant records for the current trip and the previous 14 days as well as any exemption given by the director in respect of a carrier in accordance with which the driver is driving.

(2) If an electronic recording device is installed in the commercial motor vehicle, the driver must retrieve the information stored by the device for each day that it was used.

(3) The driver must, at the request of a peace officer, immediately give the peace officer a copy of the daily logs, supporting documents and other relevant records for the previous 14 days, or the originals if it is not possible in the circumstances to make copies, as well as any exemption given by the director in respect of the carrier in accordance with which the driver is driving.

(4) The peace officer must provide a receipt for the copies or originals of the daily logs, supporting documents, other relevant records and exemptions.

(5) In the case of a driver who is driving an oil well service vehicle, a reference in subsections (1) and (3) to 14 days must be read as a reference to 24 days.

[en. B.C. Reg. 36/2007, s. 3.]

Production of daily logs and supporting documents by carrier

37.20.01   (1) A carrier must, during business hours, at the request of the director, immediately make available for inspection at a place specified by the director daily logs, supporting documents and other relevant records as well as any exemption given by the director in respect of the carrier in accordance with which a driver is or has been driving during the period for which the director makes the request for the documents.

(2) The director must

(a) immediately return the exemption if it is still current and provide a receipt for any expired exemption as well as for the daily logs, supporting documents and other relevant records, and

(b) return the expired exemption, daily logs, supporting documents and other relevant records within 14 days after receiving them.

[en. B.C. Reg. 36/2007, s. 3.]

Obstruction of director or peace officer

37.21   A person must not obstruct or hinder, or knowingly make any false or misleading statements either orally or in writing to, a director or a peace officer engaged in carrying out their duties and functions under this Part.

[en. B.C. Reg. 36/2007, s. 3.]

1   An area of a commercial motor vehicle is a sleeper berth if

(a) it is designed to be used as sleeping accommodation,

(b) it is located in the cab of the commercial motor vehicle or immediately adjacent to the cab and is securely fixed to it,

(c) it is not located in or on a trailer,

(d) it is located in the cargo space and it is securely compartmentalized from the remainder of the cargo space,

(e) in the case of a bus,

(i) it is located in the passenger compartment,

(ii) it is at least 1.9 m in length, 60 cm in width and 60 cm in height,

(iii) it is separated from the passenger area by a solid physical barrier that is equipped with a door that can be locked,

(iv) it provides privacy for the occupant, and

(v) it is equipped with a means to significantly limit the amount of light entering the area,

(f) in the case of a commercial motor vehicle other than a bus, it is rectangular in shape with at least the following dimensions:

(i) 1.9 m in length, measured on the centre line of the longitudinal axis;

(ii) 60 cm in width, measured on the centre line of the transverse axis;

(iii) 60 cm in height, measured from the sleeping mattress to the highest point of the area,

(g) it is constructed so that there are no impediments to ready entrance to or exit from the area,

(h) there is a direct and readily accessible means of passing from it into the driver's seat or compartment,

(i) it is protected against leaks and overheating from the vehicle's exhaust system,

(j) it is equipped to provide adequate heating, cooling and ventilation,

(k) it is reasonably sealed against dust and rain,

(l) it is equipped with a mattress that is at least 10 cm thick and adequate sheets and blankets so that the occupant can get restful sleep, and

(m) it is equipped with a means of preventing ejection of the occupant during deceleration of the commercial motor vehicle, the means being designed, installed and maintained to withstand a total force of 2 700 kg applied toward the front of the vehicle and parallel to the longitudinal axis of the vehicle.

Pre-trip and post-trip inspections

37.22   (1) No carrier shall permit a driver to drive, and no driver shall drive, a commercial motor vehicle unless the requirements of this section are met.

(2) The driver or a person specified by the carrier shall be satisfied that the commercial motor vehicle is in a safe operating condition including, but not limited to, the operating condition of the following items:

(a) service brakes, including trailer brake connections and brake adjustments;

(b) parking brake;

(c) steering mechanism;

(d) lighting devices and reflectors;

(e) tires;

(f) horn;

(g) windshield wipers;

(h) rear vision mirrors;

(i) coupling devices;

(j) wheels and rims;

(k) emergency equipment;

(l) load securement devices.

(3) The inspection referred to in subsection (2) shall be performed daily before the first trip of the day.

(4) If a trip lasts more than one day, the inspection required by subsection (2) shall be carried out on the second and every subsequent day of the trip no later than the first rest stop of the day.

(5) If a commercial motor vehicle's first trip of the day is to provide relief from an earthquake, flood, fire, famine, drought, epidemic, pestilence or other disaster by transporting passengers or goods, the inspection required by subsection (2) shall be carried out before the commercial motor vehicle's first trip that is not for that purpose.

(6) The driver or the person specified under subsection (2) shall,

(a) at the end of the final trip of the day, or

(b) where a trip lasts more than one day, on every subsequent day of the trip at the final rest stop of the day,

inspect the commercial motor vehicle and record in the trip inspection report defects observed as a result of this inspection or while in charge of the commercial motor vehicle.

[en. B.C. Reg. 456/90; am. B.C. Reg. 64/2021, s. 8.]

Trip inspection report

37.23   (1) This section applies to a commercial motor vehicle to which Part 1 of Division 25 of this regulation applies under section 25.01 (2), but does not apply to

(a) commercial motor vehicles rented for a single trip,

(b) an emergency vehicle,

(c) a 2 axle vehicle with a licensed gross vehicle weight not exceeding 14 600 kg, excluding a bus, school bus, special activity bus or special vehicle, or

(d) a taxi where the carrier requires the driver of the taxi to immediately notify the carrier of defects found in the inspections under section 37.22 and defects that come to the driver's attention while operating the taxi.

(2) A carrier shall require every driver employed or otherwise engaged by the carrier or a person specified by the carrier to prepare the trip inspection report in accordance with this section.

(3) The driver or the person specified by the carrier under subsection (2) shall prepare, for each commercial motor vehicle driven, the trip inspection report in accordance with this section in legible writing before driving the commercial motor vehicle for the first time in a day.

(4) The trip inspection report shall

(a) state the licence plate or unit numbers for the commercial motor vehicle,

(b) specify any defect in the operation of each item listed in section 37.22 (2),

(b.1) specify any defect in the operation of the commercial motor vehicle if that defect, not otherwise described under paragraph (b), may affect the safe operation of the commercial motor vehicle,

(c) state that no defect was discovered or came to the attention of the driver, should that be the case,

(d) state the date the report is made, and

(e) contain the signature of the driver or other person making the report.

(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 the driver's possession.

(6) A driver shall, on the request of a peace officer, produce to the peace officer for inspection the current trip inspection report.

(7) The director may exempt a class of persons or vehicles from this section unconditionally or on conditions the director considers desirable and may substitute other requirements if the director considers it desirable for the purpose of more effectively promoting and securing road safety.

[en. B.C. Reg. 456/90; am. B.C. Regs. 20/92; 413/97, App. 1, s. 31; 135/2003, ss. 1 and 3; 64/2021, s. 6.]

Multiple drivers

37.24   Where 2 or more drivers are employed or otherwise engaged to drive a commercial motor vehicle, only one driver is required, under section 37.23 (4) (e), to sign the trip inspection report, provided all drivers agree as to the defects to be reported, but where there is a disagreement over the defects to be reported, all drivers shall sign and indicate the nature of the disagreement.

[en. B.C. Reg. 456/90.]

Delivery of report

37.25   A driver who prepares a trip inspection report shall deliver the original report to the carrier responsible for the commercial motor vehicle referred to in the trip inspection report, or to its agent, within 20 days after completing the trip inspection report.

[en. B.C. Reg. 456/90.]

Corrective action

37.26   A carrier shall not permit a driver to drive, and a driver shall not drive, a commercial motor vehicle unless, before doing so, the carrier or the carrier's agent has

(a) repaired or corrected items listed on the trip inspection report which may affect the safe operation of the commercial motor vehicle and certified on the trip inspection report that the defect has been corrected, or

(b) certified on the trip inspection report that correction is unnecessary.

[en. B.C. Reg. 456/90.]

Retention of records

37.27   (1) A carrier shall keep the original of each trip inspection report for at least 3 months from the date the document was prepared and shall, during that period, make the document available for inspection by a peace officer.

(2) A carrier shall, within 30 days after receiving the trip inspection report, place them at the location where the carrier retains its records relating to its drivers or at another location approved in writing by the director.

[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, s. 2; 135/2003, s. 1.]

Application of this Part

37.28   This Part does not apply to a driver of, or the operation of, a farm tractor, an implement of husbandry or a road building machine as defined in the Commercial Transport Act.

[en. B.C. Reg. 456/90.]

Maintenance of records

37.29   (1) Subject to subsection (2), the carrier shall maintain at its principal place of business in the Province or at another place approved by the director

(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 a driver's licence, and dated the later of

(i) the driver's date of employment, and

(ii) one year from the date of the previous transcript,

(b) copies of records that are required of the carrier by the laws of any jurisdiction respecting the use of commercial motor vehicles by each driver employed or otherwise engaged by that carrier, including but not limited to

(i) records required under Parts 3 and 4 of this Division, and

(ii) records of the notification of the carrier of accidents, violations and convictions relative to each driver while in the employ of or engaged by that carrier,

(c) for each of the carrier's commercial motor vehicles for which the carrier is required to hold a safety certificate,

(i) records of vehicle inspection and maintenance required under Division 25,

(ii) records of all notices of defects received from vehicle manufacturers and evidence satisfactory to the director that those defects have been corrected,

(iii) records of all accidents in which the vehicle was involved that resulted in

(A) the injury or death of a human being, or

(B) total damage to all property, including cargo, of $1 000 or more, based on actual costs or a reliable estimate, and

(d) any safety plan and any scheduled vehicle maintenance plan applicable to the carrier.

(2) The driver shall deliver the records referred to in subsection (1) (b) (ii) to the carrier by whom the driver was employed or otherwise engaged within 15 days of the accident, violation or conviction referred to in that subsection.

(3) The director may exempt a carrier from subsection (1) unconditionally or on conditions the director considers desirable and may substitute other requirements if the director considers it desirable for the purpose of more effectively securing and promoting road safety.

[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, s. 32; 77/99, s. 3; 89/2001, s. 4; 135/2003, ss. 1 and 3; 64/2021, s. 6.]

Retention of records

37.30   With the exception of records kept under Parts 3 and 4 of this Division and Division 25, a carrier shall maintain the records required to be maintained under section 37.29 and shall keep the records readily accessible for inspection and audit purposes for the calendar year in which they were made and the following 4 calendar years.

[en. B.C. Reg. 456/90.]

Inspectors

37.31   The director may appoint an inspector for the purpose of inspecting and auditing records referred to in section 212 (4) (c) and (f) of the Act.

[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, s. 2; 77/99, s. 4; 135/2003, s. 1.]

Compliance review

37.32   (1) An inspector may, during business hours, enter the place where records are kept under section 37.29 and conduct a compliance review for the purpose of determining whether a carrier meets the requirements of sections 37.29 and 37.30.

(2) No person shall obstruct an inspector conducting a compliance review under this section.

[en. B.C. Reg. 456/90.]

Audit

37.33   (1) An inspector may, during normal business hours, enter the place where records are kept under section 37.29 and conduct an audit for the purpose of determining whether a carrier meets the requirements of this Division.

(2) No person shall obstruct an inspector conducting an audit under this section.

[en. B.C. Reg. 456/90; am. B.C. Reg. 89/2001, s. 5.]

Documents must be delivered

37.331   Without limiting sections 37.32 and 37.33, if an inspector asks a carrier to deliver, for the purposes of a compliance review or an audit, some or all of the records kept by the carrier under section 37.29, the carrier must deliver the requested records to the director's office specified by the inspector at the time and date specified and in the form approved for that purpose by the director.

[en. B.C. Reg. 77/99, s. 5; am. B.C. Regs. 89/2001, s. 6; 135/2003, s. 1.]

Carrier administered audit

37.34   The director may authorize a carrier to conduct verification audits of its operation, in whole or in part, upon being satisfied that the carrier has in place the systems and procedures necessary to assess its compliance with some or all aspects of this Division, and upon application being made by the carrier in a form approved by the director.

[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, s. 3; 135/2003, ss. 1 and 3.]

Unsafe vehicle

37.35   A carrier shall not authorize or permit the operation of a commercial motor vehicle on a highway unless the vehicle complies with all the requirements of the Act and this regulation.

[en. B.C. Reg. 456/90.]

False records

37.36   (1) A person shall not alter, deface or destroy a record required to be maintained under this regulation.

(2) A person shall not

(a) make, participate in, assent to or acquiesce in the making of a false or deceptive statement in a record made or required by or under this regulation, or

(b) omit, assent to or acquiesce in the omission of an entry in a record made or required by or under this regulation.

[en. B.C. Reg. 456/90.]

Offences

37.37   (1) A person commits an offence who contravenes sections 37.02 (1), (4) or (5), 37.03 (3), 37.05 (2), 37.06, 37.12 (a), (b), (c) or (d), 37.13.01 (1) or (2), 37.13.02 (1), (2) (3) or (4), 37.13.03 (1) or (3), 37.15 (1) (a) or (2), 37.15.01 (1) (a) or (b), 37.15.01 (3), 37.16 (3), 37.16.01 (3), 37.16.02, 37.16.03, 37.16.04 (a) or (b), 37.16.06 (1) (a) or (b), 37.17.02 (1) (a), (b), (c) or (d) or (2), 37.17.03 (3), 37.18.01 (1), 37.18.02 (1), (2) or (3), 37.18.04 (a), (b) or (c), 37.18.05 (1) or (2) (a) or (b) or (3) (a) or (b), 37.18.06 (1) or (2), 37.19 (1), (2) or (3), 37.20 (1), (2) or (3), 37.20.01 (1) or 37.21, 37.22 (1), (2) or (6), 37.23 (2), (3), (5) or (6), 37.24, 37.25, 37.26, 37.27 (1) or (2), 37.29 (1) or (2), 37.30, 37.32 (2), 37.33 (2), 37.35 or 37.36 (1) or (2).

(2) A person who commits an offence is liable, on conviction, to a fine of not more than $2 000 or to imprisonment for not more than 6 months, or to both.

[en. B.C. Reg. 456/90; am. B.C. Regs. 135/2003, s. 13; 36/2007, s. 4.]

Operating a vehicle while under suspension

37.38   (1) Repealed. [B.C. Reg. 135/2003, s. 14 (a).]

(2) A carrier whose safety certificate has been

(a) suspended under section 118.95 of the Act, or

(b) cancelled under section 118.96 of the Act

must not operate a commercial motor vehicle while the safety certificate is suspended or cancelled.

(3) A carrier who contravenes subsection (2) commits an offence.

[en. B.C. Reg. 414/99, s. 9; am. B.C. Reg. 135/2003, s. 14.]

Bill of lading

37.39   (1) Subject to this Part, if freight is accepted for shipment by or on behalf of a carrier who operates a business vehicle within the meaning of section 237 (a) or (c) of the Act, the carrier must, at the time of that acceptance, issue or cause to be issued a bill of lading in accordance with the following requirements:

(a) a bill of lading issued under this subsection must show the following:

(i) the name and address of the consignor (shipper);

(ii) the date of the shipment;

(iii) the originating point of the shipment;

(iv) the name of the originating carrier;

(v) the names of connecting carriers, if any;

(vi) the name and address of the consignee (receiver of goods);

(vii) the destination of the shipment (if different from the address of the consignee);

(viii) particulars of the goods in the shipment, including weight and description;

(b) a bill of lading issued under this subsection must also contain the following:

(i) a provision stipulating whether the goods are received in apparent good order and condition, or otherwise;

(ii) a space to show the declared value of the shipment;

(iii) a space to indicate whether transportation charges are prepaid or collect;

(iv) a space in which to note any special agreement between the consignor and the carrier;

(v) a statement in conspicuous form to indicate (if such is the case) that the carrier's liability is limited by a term or condition of the carrier's applicable schedule of rates or by any other agreement with the consignor;

(vi) a statement of notice of claim as provided for by Article 12 of the Specified Conditions of Carriage set out in paragraph (c);

(c) a bill of lading issued under this subsection must be signed by the consignor or the consignor's agent and the originating carrier or that carrier's agent and must contain or incorporate by reference all the following conditions of carriage:

(2) Subject to this Part, if household goods are accepted for shipment by or on behalf of a carrier who operates a business vehicle within the meaning of section 237 (a) or (c) of the Act, the carrier must, at the time of that acceptance, issue or cause to be issued a bill of lading in accordance with the following requirements:

(a) a bill of lading issued under this subsection must show the following:

(i) the name and address of the consignor (shipper);

(ii) the date of the shipment;

(iii) the originating point of the shipment;

(iv) in a conspicuous place, the name of the original contracting carrier and the carrier's telephone number;

(v) the name of connecting carriers, if any;

(vi) in a conspicuous place, the name of the destination agent, if different from the original contracting carrier, and that agent's telephone number;

(vii) the name, address and telephone number of the consignee (receiver of goods);

(viii) the destination of the shipment;

(ix) an inventory of the goods comprising the shipment, which inventory must be attached to, and become part of, the bill of lading;

(b) a bill of lading issued under this subsection must also contain the following:

(i) a provision stipulating whether the goods are received in apparent good order and condition, except as noted on the inventory;

(ii) despite subparagraph (i), a statement in conspicuous form indicating that the signature of the consignee for receipt of goods does not preclude a future claim for loss or damage made within the time limit set out in the bill of lading;

(iii) a space to show the declared value of the shipment;

(iv) a space or spaces to show the actual amount of freight and all other charges to be collected by the carrier;

(v) a statement to indicate that the uniform conditions of carriage apply;

(vi) a space or spaces to note any special services or agreements between the contracting parties;

(vii) a space to indicate date or time period agreed on for delivery;

(viii) a statement in conspicuous form to indicate that the carrier's liability is limited by a term or condition of carriage;

(ix) a space for the signature of the consignor;

(c) a bill of lading issued under this subsection must be signed in full by the consignor, or the consignor's agent, and the original contracting carrier, or the carrier's agent, and must contain or incorporate by reference all the following conditions of carriage:

[en. B.C. Reg. 414/99, s. 10; am. B.C. Reg. 64/2021, s. 6.]

Bills of lading — retention and filing

37.40   (1) Each bill of lading must be issued in triplicate or more.

(2) The copies of a bill of lading issued in accordance with subsection (1) must be distributed as follows:

(a) one copy must be delivered to the shipper;

(b) one copy must be retained by the carrier for the purposes of section 37.42 (1) and after that must be retained at the carrier's principal place of business in British Columbia or at another place approved by the director for a period of at least 3 years during which time the carrier must make it available for inspection by the director or by a peace officer;

(c) one copy must be delivered to the shipper on demand.

[en. B.C. Reg. 414/99, s. 10; am. B.C. Reg. 135/2003, ss. 1 and 15.]

Bills of lading to be signed

37.41   Each bill of lading must be signed by both the shipper and the carrier as being a correct itemized list of goods in the shipment and as an acceptance of all terms and conditions contained in the bill of lading.

[en. B.C. Reg. 414/99, s. 10.]

Carriage and production of bills of lading

37.42   (1) A carrier referred to in section 37.39 (1) must ensure that every driver involved in the carriage of freight in respect of which a bill of lading has been issued or a letter of exemption has been provided carries a copy of that bill of lading or of a letter of exemption provided under section 37.45 (b), as the case may be, at all times while transporting that freight.

(2) If requested to do so by the director or by a peace officer, a carrier must produce, at the time of the request, the bill of lading or the letter of exemption, as the case may be, to the person making the request.

(3) If requested to do so by any of the persons who may make a request under subsection (2), a carrier who carries and produces a letter of exemption in response to the request made under subsection (2) must deliver the bill of lading to the director's office specified by the person making the request under this subsection at the time and date specified.

[en. B.C. Reg. 414/99, s. 10; am. B.C. Reg. 135/2003, ss. 1 and 16.]

Records in lieu of bills of lading for certain commodities

37.43   (1) Subject to subsection (2), a carrier need not issue a bill of lading in respect of the transportation of one or more of the following commodities:

(a) Her Majesty's mail;

(b) milk (raw or pasteurized), cream (fresh), containers on regular milk routes from farms to creamery or market or return of empty containers from creamery or market;

(c) petroleum products in bulk or bituminous construction materials in bulk;

(d) logs, poles, piles, ties, shingle bolts, mine props and fence posts;

(e) fuel wood or sawdust;

(f) coal or ore in bulk;

(g) earth, rock, gravel or sand in bulk;

(h) grain in bulk from farms to elevators and warehouses;

(i) hay, unbaled, or vegetables and fruit in bulk;

(j) fertilizer or animal manure in bulk.

(2) A carrier who does not issue a bill of lading in respect of the transportation of commodities referred to in subsection (1) (b) to (j) must

(a) keep a daily record, with respect to each licensed vehicle, of the freight transported in that vehicle, showing

(i) the names of the shipper and the consignee,

(ii) a description and quantity of the freight,

(iii) the distance transported,

(iv) the number of hours worked,

(v) the rate and total amount charged for the transportation, and

(vi) the number of trips, and

(b) retain that record in the carrier's principal place of business in British Columbia or at another place approved by the director for a period of at least 3 years and, during that time, make that record available for inspection by the director.

[en. B.C. Reg. 414/99, s. 10; am. B.C. Reg. 135/2003, ss. 1 and 15.]

General provisions as to bills of lading

37.44   (1) The freight covered by a bill of lading must be in possession or control of the carrier at the time the bill of lading is issued.

(2) A bill of lading must cover only goods received from one shipper, picked up at one place and consigned to one consignee at one destination and delivered to one place.

[en. B.C. Reg. 414/99, s. 10.]

Electronic bills of lading

37.45   Despite sections 37.39 to 37.44, a carrier who accepts freight for shipment need not issue or cause to have issued a bill of lading in paper form if,

(a) in the ordinary course of the carrier's business, the carrier uses electronic bills of lading, and

(b) the director has, on application of the carrier, provided to the carrier a letter exempting the carrier from the obligation to issue a bill of lading in paper form.

[en. B.C. Reg. 414/99, s. 10; am. B.C. Reg. 135/2003, s. 1.]

Part lot shipments

37.46   (1) Shipments in excess of 4 600 kilograms gross weight, or that are greater than the capacity of the available licensed equipment of the carrier, may be accepted on one bill of lading, if the entire shipment is in possession or control of the carrier.

(2) Subject to subsection (3), in the case of a shipment referred to in subsection (1), at least 4 600 kilograms must be transported on the vehicle that takes the first load.

(3) If, in the case of a shipment referred to in subsection (1), 4 600 kilograms is in excess of the licensed carrying capacity of the vehicle carrying the shipment,

(a) the vehicle must be loaded only to full carrying capacity,

(b) the remainder of the shipment must be moved on a vehicle licensed in the name of the carrier who is moving the first portion of the shipment,

(c) the shipment must not be divided into more than 2 parts,

(d) the revenue billing must

(i) cover the entire shipment, and

(ii) show the weight, the rate assessed and the freight charges, and

(e) a separate waybill must be issued and in possession of the driver of the vehicle carrying the second part of the shipment and must make reference to the revenue billing and give the weight and description of the second load.

[en. B.C. Reg. 414/99, s. 10.]

Records of freight carried

37.47   (1) Every carrier must, with respect to the operation of business vehicles as defined in section 237 (a) of the Act, keep or cause to be kept a complete daily record of all freight transported for compensation in or on every business vehicle as defined in section 237 (a) of the Act operated by the carrier.

(2) The record kept under subsection (1) must

(a) contain the following particulars with respect to the freight:

(i) the name of shipper and consignee;

(ii) a description and quantity of freight;

(iii) the distance transported, the number of trips and the rate and total amount charged for the transportation, and

(b) be retained at the carrier's principal place of business in British Columbia or at another place approved by the director for a period of at least 3 years during which time the carrier must make it available for inspection by the director.

(3) Despite subsections (1) and (2), a carrier may, and if so required by the consignor must, issue a bill of lading in the manner provided by section 37.39 in respect of any shipment of freight accepted by or on behalf of the carrier.

(4) The filing and retention by the carrier of a copy of a bill of lading referred to in subsection (3) relieves the carrier of the necessity of keeping any other record with respect to the shipment in respect of which the bill of lading was issued.

[en. B.C. Reg. 414/99, s. 10; am. B.C. Reg. 135/2003, ss. 1 and 15.]

Cargo insurance

37.48   (1) A carrier who operates a business vehicle within the meaning of paragraph (a) or (c) of the definition of "business vehicle" in section 237 of the Act must

(a) secure and maintain in force cargo insurance satisfactory to the director, and

(b) if requested to do so by the director or a peace officer, produce proof of that insurance to the person making the request at the time and date specified.

(2) Subsection (1) does not apply in relation to a business vehicle licensed and operated exclusively for the transportation of one or more of the following commodities:

(a) water and snow;

(b) milk and cream (raw or pasteurized) in bulk or in containers (and empty containers) transported between farms and dairies;

(c) petroleum products in bulk or bituminous construction materials in bulk;

(d) logs, poles, piles, ties, shingle bolts, mine props, rough sawn lumber and fence posts;

(e) fuel wood, sawdust, hog fuel, pulp chips and Christmas trees;

(f) coal, ore and ore concentrates in bulk;

(g) earth, rock, gravel and sand in bulk and unset cement mix;

(h) grain in bulk and grain screenings;

(i) hay (baled or unbaled), fresh or dried fruits and vegetables, turf and peat;

(j) fertilizers, animal manure or refuse;

(k) stumps and debris from demolished buildings.

[en. B.C. Reg. 414/99, s. 10; am. B.C. Reg. 135/2003, ss. 1 and 17.]

37.18.03   A driver may use an electronic recording device for recording his or her duty status if

37.18.04   A driver who is required to fill out a daily log must not drive and a carrier must not request, require or allow the driver to drive unless the driver has in his or her possession

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.]

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.]

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.]

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.]

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.]

Transitional provisions

38.07   Permits issued on behalf of municipalities, that are unexpired on January 1, 1991, shall be recognized and considered to be valid permits under this Division until they expire or, where no expiry date is given, until January 1, 1994.

[en. B.C. Reg. 472/90.]

Definitions

40.01   (1) In this Division:

"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

(b) unique in appearance;

"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.]