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| This Act is current to September 17, 2024 | |||
| See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force. |
"approved screening device" means a device prescribed by the Lieutenant Governor in Council for the purposes of this section;
"driver" includes a person having the care or control of a motor vehicle on a highway or industrial road whether or not the motor vehicle is in motion.
(2) A peace officer may, at any time or place on a highway or industrial road if the peace officer has reasonable grounds to believe that a driver's ability to drive a motor vehicle is affected by alcohol,
(a) request the driver to drive the motor vehicle, under the direction of the peace officer, to the nearest place off the travelled portion of the highway or industrial road,
(b) serve the driver with a notice of driving prohibition, and
(c) if the driver is in possession of a driver's licence, request the driver to surrender that licence.
(3) A peace officer may, at any time or place on a highway or industrial road if the peace officer has reasonable grounds to believe that a driver's ability to drive a motor vehicle is affected by a drug, other than alcohol,
(a) request the driver to drive the motor vehicle, under the direction of the peace officer, to the nearest place off the travelled portion of the highway or industrial road,
(b) serve the driver with a notice of driving prohibition, and
(c) if the driver is in possession of a driver's licence, request the driver to surrender that licence.
(4) If a peace officer requests a driver to surrender their driver's licence under this section, the driver must forthwith surrender to the peace officer their driver's licence issued under this Act or any document issued in another jurisdiction that allows the driver to drive or operate a motor vehicle.
(5) Unless the prohibition from driving a motor vehicle is terminated under subsection (6) or (8), the driver is automatically prohibited from driving a motor vehicle for a period of 24 hours from the time the peace officer served the driver with a notice of driving prohibition under subsection (2) or (3).
(6) If a driver, who is served with a notice of driving prohibition under subsection (2), forthwith requests a peace officer to administer and does undergo as soon as practicable a test that indicates that the driver's blood alcohol level does not exceed 50 mg of alcohol in 100 mL of blood, the prohibition from driving is terminated.
(6.1) A test referred to in subsection (6) may be performed with an approved screening device.
(6.2) Despite subsection (6), a driver who is served with a notice of driving prohibition does not have a right to request or undergo a test under subsection (6) if
(a) the peace officer who served the notice first performed a test of the driver's blood alcohol level with an approved screening device,
(b) the test indicated that the driver's blood alcohol level exceeded 50 mg of alcohol in 100mL of blood, and
(c) the peace officer used the results of the test as part of the basis on which the peace officer formed reasonable grounds to believe that the driver's ability to drive a motor vehicle was affected by alcohol.
(8) If a driver who is served with a notice of driving prohibition under subsection (3)
(a) forthwith requests a peace officer to administer and does undergo as soon as practicable a prescribed physical coordination test, and
(b) satisfies a peace officer having charge of the matter that the driver's ability to drive a motor vehicle is not affected by a drug other than alcohol,
the prohibition from driving is terminated.
(8.1) Despite subsection (8), a driver who is served with a notice of driving prohibition does not have a right to request or undergo a test under subsection (8) (a) if
(a) the peace officer who served the notice first administered a prescribed physical coordination test, and
(b) the peace officer used the results of the test as part of the basis on which the peace officer formed reasonable grounds to believe that the driver's ability to drive a motor vehicle was affected by a drug other than alcohol.
(9) A peace officer acting under subsection (2) need not hold the opinion that the blood alcohol level of the driver exceeds 50 mg of alcohol in 100 mL of blood.
(10) If a peace officer serves a notice of driving prohibition under subsection (2) (b) or (3) (b), the peace officer must promptly forward to the Insurance Corporation of British Columbia
(a) a certificate of service, showing that the notice of driving prohibition was personally served on the person subject to the driving prohibition,
(b) a copy of the notice of driving prohibition, and
(c) a report of the driving prohibition.
(11) The report referred to in subsection (10) must be in a form established by the Insurance Corporation of British Columbia.
(12) The Lieutenant Governor in Council may prescribe an approved screening device and physical coordination tests for the purposes of this section.
215.1 (1) A person may, within the prescribed number of days after being served with a notice of driving prohibition under section 215 (2) or (3), apply to the superintendent for a review of the driving prohibition by
(a) filing an application for review with the superintendent, and
(b) paying to the superintendent the application fee prescribed by the Lieutenant Governor in Council.
(2) For the purposes of subsection (1), the Lieutenant Governor in Council may prescribe the number of days, which number must not be less than 7, within which a person may apply for a review of a driving prohibition.
(3) An application for review must be in the form, contain the information and be completed in the manner required by the superintendent.
(4) An applicant may attach to the application for review any written statements or other evidence that the applicant wishes the superintendent to consider.
(5) The superintendent must conduct a review under this section on the basis of written submissions and must not hold an oral hearing.
215.2 In a review of a driving prohibition under section 215.1, the superintendent may only consider
(a) the report of the prohibition delivered under section 215 (10) and other relevant information provided by the peace officer with the report, and
(b) relevant information provided by the person on whom the notice of driving prohibition was served.
215.3 (1) The burden of proof in a review of a driving prohibition under section 215.1 is on the person on whom the notice of driving prohibition was served.
(2) If, after considering an application for review under section 215.1, the superintendent is satisfied by the person that
(a) in the case of a notice of driving prohibition served under section 215 (2) (b), the person on whom the notice was served had the right to request and did request that the peace officer administer a test to indicate the person's blood alcohol level but the peace officer failed to provide the person with the opportunity to undergo the test,
(a.1) in the case of a notice of driving prohibition served under section 215 (3) (b), the person on whom the notice was served had the right to request and did request that the peace office administer a physical coordination test but the peace officer failed to provide the person with the opportunity to undergo the test, or
(b) the person was not a driver within the meaning of section 215 (1),
the superintendent must revoke the driving prohibition.
215.4 (1) If a peace officer serves a driver with a notice of driving prohibition under section 215 (2) or (3), the peace officer may, if the peace officer believes that impoundment is necessary to prevent the driver from driving or operating the motor vehicle before the prohibition expires, immediately cause the motor vehicle that the driver was operating or of which the driver had care or control to be taken to a place directed by the peace officer and impounded there for a period of 24 hours.
(2) If a peace officer is satisfied that the impoundment of a motor vehicle under subsection (1) would
(a) jeopardize the safety of the occupants of the motor vehicle, or
(b) leave the occupants stranded,
the peace officer must arrange for transportation of the occupants of the motor vehicle to the nearest safe area where they can summon an alternative form of transportation.
(3) The owner or driver of a motor vehicle that is impounded under subsection (1) may remove any cargo or other personal property that is in or on the motor vehicle.
(4) If a motor vehicle is impounded under subsection (1), the peace officer must take all reasonable steps to notify the owner of the motor vehicle.
(5) A person must not remove or permit the removal of a motor vehicle from the place where it is impounded under subsection (1) before the end of the 24 hour period unless the person is authorized to do so by a peace officer or a court.
(6) All the costs and charges for towing, care and storage of a motor vehicle impounded under subsection (1) are a lien on the motor vehicle, and the lien may be enforced in the manner provided under the Warehouse Lien Act.
215.41 (1) In this section, "driver" includes a person having the care or control of a motor vehicle on a highway or industrial road whether or not the motor vehicle is in motion.
(2) In this section and in sections 215.42, 215.43, 215.47, 215.49 and 215.5:
"approved screening device" means a device prescribed by the Lieutenant Governor in Council for the purposes of this section;
"fail" means an indication on an approved screening device that the concentration of alcohol in a person's blood is not less than 80 milligrams of alcohol in 100 millilitres of blood;
"warn" means an indication on an approved screening device that the concentration of alcohol in a person's blood is not less than 50 milligrams of alcohol in 100 millilitres of blood.
(3.1) If, at any time or place on a highway or industrial road,
(a) a peace officer makes a demand to a driver under the Criminal Code to provide a sample of breath for analysis by means of an approved screening device and the approved screening device registers a warn or a fail, and
(b) the peace officer has reasonable grounds to believe, as a result of the analysis, that the driver's ability to drive is affected by alcohol,
the peace officer, or another peace officer, must,
(c) if the driver holds a valid licence or permit issued under this Act, or a document issued in another jurisdiction that allows the driver to operate a motor vehicle, take possession of the driver's licence, permit or document if the driver has it in the driver's possession, and
(d) subject to section 215.42, serve on the driver a notice of driving prohibition.
(4) If a peace officer has reasonable grounds to believe that a driver failed or refused, without reasonable excuse, to comply with a demand made under the Criminal Code to provide a sample of breath for analysis by means of an approved screening device, the peace officer, or another peace officer, must take those actions described in subsection (3.1) (c) and (d).
(5) If the driver is not in possession of the driver's licence or permit issued under this Act to operate a motor vehicle at the time the driver is served with the notice of driving prohibition, the driver must promptly send the licence or permit to the Insurance Corporation of British Columbia.
(6) The notice of driving prohibition must be in the prescribed form and must contain the following:
(a) a statement that the driver is immediately prohibited from driving, for the period set out in the notice of prohibition;
(i) the amount of any monetary penalty imposed on the driver under section 215.44, and
(ii) the requirement that the monetary penalty be paid no later than 30 days after the date the notice is served;
(c) a statement of the right to have the driving prohibition reviewed by the superintendent under section 215.48;
(d) instructions describing how to apply for that review.
(7) A notice of driving prohibition must not be served on a person under this section if a notice of driving prohibition is served on the person under section 94.1.
215.42 (1) If an analysis of the breath of a person by means of an approved screening device under section 215.41 (3.1) registers a warn or a fail,
(a) the person has a right to forthwith request and be provided with a second analysis, and
(b) a peace officer must inform the person of that right before the peace officer serves on the person a notice of driving prohibition.
(2) A second analysis performed under this section must be performed with a different approved screening device than was used in the first analysis.
(3) If a person provides a sample of breath for a second analysis in accordance with this section, the lower of the first and second analysis results governs for the purposes of section 215.41 (3.1).
215.43 (1) If a person is served with a notice of driving prohibition under section 215.41 in circumstances where an approved screening device registers a warn, the person is prohibited from driving for
(a) 3 days, in the case of a first prohibition,
(b) 7 days, in the case of a second prohibition, or
(c) 30 days, in the case of a subsequent prohibition.
(2.1) If a person is served with a notice of driving prohibition under section 215.41 in circumstances where
(a) an approved screening device registers a fail, or
(b) the person refuses or fails to comply with a demand as described in section 215.41 (4),
the person is prohibited from driving for a period of 90 days.
(3) A driving prohibition under this section
(a) takes effect immediately on service of the notice of driving prohibition under section 215.41, and
(b) unless revoked under this Act, continues in effect until the end of the last day of the driving prohibition as calculated in accordance with subsection (3.1).
(3.1) Despite subsection (3) (a), the last day of a driving prohibition must be calculated so that the period of days specified by this section for the driving prohibition is in addition to the day on which the notice of driving prohibition under section 215.41 is served.
(4) For the purposes of subsection (1), a prohibition is
(a) a first prohibition if a person has not been subject to a previous prohibition under that subsection within the 5 year period preceding the prohibition,
(b) a second prohibition if a person has been subject to one previous prohibition under that subsection within the 5 year period preceding the prohibition, and
(c) a subsequent prohibition if the person has been subject to 2 or more previous prohibitions under that subsection within the 5 year period preceding the prohibition.
(5) For the purposes of determining whether a prohibition is a second or subsequent prohibition, the prohibition must not be considered to be a previous prohibition unless
(a) the period for requesting a review of the prohibition under section 215.48 has expired, or
(b) if the person requests a review of the prohibition, the period referred to under section 215.5 (6) or (7), as applicable, has expired.
215.44 (1) A person who has been served with a notice of driving prohibition under section 215.41 is also liable to pay, no later than 30 days after the date the notice is served, a monetary penalty in the amount prescribed by regulation.
(2) The monetary penalty must not exceed the amount prescribed by regulation, and in any event must not exceed $500.
215.46 (1) If a peace officer serves a person with a notice of a 3-day or 7-day driving prohibition under section 215.41 (3.1) and believes that impoundment of the motor vehicle that the person was driving or operating at the time the notice was served is necessary to prevent the person from driving or operating the motor vehicle before the prohibition expires, the peace officer may cause the motor vehicle to be taken to and impounded at a place directed by the peace officer.
(2) If a peace officer serves a person with a notice of a 30-day or 90-day driving prohibition under section 215.41, the peace officer must cause the motor vehicle that the person was driving or operating at the time the notice was served to be taken to and impounded at a place directed by the peace officer.
215.47 A peace officer who serves a notice of driving prohibition on a person under section 215.41 must promptly forward to the superintendent
(a) the person's licence or permit or any document issued in another jurisdiction that allows the person to operate a motor vehicle, if the peace officer took the licence, permit or document into possession,
(b) a copy of the notice of driving prohibition,
(c) a certificate of service, in the form established by the superintendent, showing that the notice of driving prohibition was personally served on the person subject to the driving prohibition,
(d) a report, in the form established by the superintendent, sworn or solemnly affirmed by the peace officer, and
(e) in the case of a driving prohibition resulting from the analysis of a sample of breath, information relating to the calibration of the approved screening device on the basis of which the notice of driving prohibition was served.
215.48 (1) A person may, within 7 days of being served with a notice of driving prohibition under section 215.41, apply to the superintendent for a review of the driving prohibition by
(a) filing an application for review with the superintendent,
(b) paying to the superintendent the prescribed hearing fee, and
(c) if it has not been taken by the peace officer or sent to the superintendent under section 215.41, surrendering to the Insurance Corporation of British Columbia the person's licence or permit to operate a motor vehicle unless the person completes and files with the superintendent a statutory declaration stating that the licence or permit has been lost, stolen or destroyed.
(2) An application for review must be in the form, contain the information and be completed in the manner required by the superintendent.
(3) An applicant may attach to the application for review any statements or other evidence that the applicant wishes the superintendent to consider.
(4) The filing of an application for review does not stay the driving prohibition.
(5) The superintendent is not required to hold an oral hearing unless
(a) the driving prohibition is for 30 or 90 days, and
(i) requests an oral hearing at the time of filing the application for review, and
(ii) pays the prescribed oral hearing fees.
(6) If a person requests an oral hearing and fails to appear on the date and at the time and place arranged for the hearing, without prior notice to the superintendent, the right to an oral hearing is deemed to have been waived by the person.
(7) Despite sections 215.49 and 215.5, if
(a) a person applies for a review of a driving prohibition under subsection (1) of this section in accordance with subsection (2), and
(b) by the end of the period of time specified in subsection (1), the superintendent has not received the sworn or solemnly affirmed report required to be forwarded under section 215.47 (d),
the superintendent must
(c) revoke the driving prohibition,
(d) cancel the monetary penalty for which the person would otherwise be liable under section 215.44 and, in respect of any impoundment, section 253 (8) applies,
(e) if the person held a valid licence or permit issued under this Act to operate a motor vehicle at the time the notice of driving prohibition was served under section 215.41, direct the Insurance Corporation of British Columbia to return any licence or permit to operate a motor vehicle taken into possession by the peace officer or sent to the corporation, and
(f) give the person notice of the matters referred to in paragraphs (b) to (e).
215.49 (1) In a review of a driving prohibition under section 215.48, the superintendent must consider
(a) any relevant statements and evidence submitted to the superintendent,
(b) the report of the peace officer forwarded under section 215.47 (d),
(c) a copy of the notice of driving prohibition,
(d) any other relevant documents and information forwarded to the superintendent by the peace officer who served the notice of driving prohibition or any other peace officer, including peace officers' reports that have not been sworn or solemnly affirmed,
(e) in the case of an oral hearing, any relevant evidence given or representations made at the hearing, and
(f) in the case of a second or subsequent prohibition, as described in section 215.43 (4) and (5), the person's driving record.
(2) In a review under section 215.48, no person may be cross examined.
(3) Despite subsection (1) but subject to section 215.48 (7), the superintendent may, in the superintendent's discretion, proceed with a hearing and render a decision whether or not the superintendent has received all those documents required to be forwarded to the superintendent under section 215.47.
(4) The superintendent may determine the weight to be given to any document or other information referred to in subsection (1) or (5), including any document or information that is not sworn or solemnly affirmed.
(5) In a review of a driving prohibition under section 215.48, the superintendent may, on the superintendent's own initiative, consider any statements, evidence, technical materials and other records and information, that, in the opinion of the superintendent, may assist the superintendent in making a decision.
(6) In subsection (5), "technical materials" means technical, medical or scientific evidence or information and includes
(a) manuals and training materials relating to, and documents provided by the manufacturer of, an approved screening device,
(b) summaries of technical, medical or scientific evidence or information that are prepared by the superintendent, and
(c) documents that are prescribed or in a prescribed class of documents.
215.5 (1) The burden of proof in a review of a driving prohibition under section 215.48 is on the person on whom the notice of driving prohibition was served.
(2) Subject to subsection (4), if, after considering an application for review under section 215.48, the superintendent is satisfied by the person that,
(a) in the case of a 7-day driving prohibition, the prohibition was a first prohibition, or
(b) in the case of a 30-day driving prohibition, the prohibition was either
the superintendent must
(i) a 3-day driving prohibition, in the circumstances described in paragraph (a) or (b) (i), or
(ii) a 7-day driving prohibition, in the circumstances described in paragraph (b) (ii), and
(d) vary accordingly the monetary penalty for which the person is liable under section 215.44 and, in respect of any impoundment, section 253 (8) applies.
(4) If, after considering an application for review under section 215.48, the superintendent is satisfied by the person that the person was not a driver within the meaning of section 215.41 (1) or is satisfied by the person that,
(a) in respect of a 3-day, 7-day or 30-day driving prohibition,
(i) the person was not advised of the person's right to forthwith request and be provided with a second analysis under section 215.42 (1),
(ii) the second analysis, if the person requested a second analysis, was not provided or not performed with a different approved screening device than was used in the first analysis or the notice of driving prohibition was not served on the basis of the lower analysis result,
(iii) the approved screening device did not register a warn or the approved screening device did not register the warn as a result of the concentration of alcohol in the person's blood being not less than 50 milligrams of alcohol in 100 millilitres of blood, or
(iv) the result of the analysis on the basis of which the notice of driving prohibition was served was not reliable,
(b) in respect of a 90-day driving prohibition resulting from a sample of breath for analysis by means of an approved screening device and the approved screening device registering a fail,
(i) the person was not advised of the person's right to forthwith request and be provided with a second analysis under section 215.42 (1),
(ii) the second analysis, if the person requested a second analysis, was not provided or not performed with a different approved screening device than was used in the first analysis and the notice of driving prohibition was not served on the person on the basis of the lower analysis result,
(iii) the approved screening device did not register a fail or the approved screening device did not register the fail as a result of the concentration of alcohol in the person's blood being not less than 80 milligrams of alcohol in 100 millilitres of blood, or
(iv) the result of the analysis on the basis of which the notice of driving prohibition was served was not reliable, or
(c) in respect of a 90-day driving prohibition resulting from a failure or refusal, without reasonable excuse, to comply with a demand described in section 215.41 (4), the person did not fail or refuse or had a reasonable excuse for failing or refusing to comply with the demand,
the superintendent must
(d) revoke the driving prohibition,
(e) cancel the monetary penalty for which the person would otherwise be liable under section 215.44 and, in respect of any impoundment, section 253 (8) applies, and
(f) if the person held a valid licence or permit issued under this Act to operate a motor vehicle at the time the notice of driving prohibition was served under section 215.41, direct the Insurance Corporation of British Columbia to return any licence or permit to operate a motor vehicle taken into possession by the peace officer or sent to the corporation.
(6) Subject to subsection (7), the decision of the superintendent and the reasons for the decision must be in writing and a copy must be sent to the applicant within 21 days of the date the notice of driving prohibition was served on the applicant under section 215.41.
(7) If the superintendent is unable to send the decision to the applicant within the 21 day period set out in subsection (6), the superintendent may extend that period for a period determined by the superintendent.
(8) If the superintendent extends the period for sending a decision to the applicant under subsection (7), the superintendent may
(a) stay the driving prohibition imposed on the applicant under section 215.43 for the period of the extension determined under subsection (7), and
(b) if the applicant held a valid licence or permit issued under this Act to operate a motor vehicle at the time the applicant was served with the notice of driving prohibition under section 215.41, direct the Insurance Corporation of British Columbia to issue to the applicant a temporary driver's licence that expires with the period of extension determined under subsection (7).
(9) The superintendent must promptly give the person notice of an extension made under subsection (7).
(10) The copy referred to in subsection (6) and the notice referred to in subsection (9) must be sent to the person
(a) at the last known address of the person as shown in the records maintained by the Insurance Corporation of British Columbia, or
(b) at the address shown in the application for review, if that address is different from the address in the Insurance Corporation of British Columbia's records.
(11) A notice of extension given under subsection (9) is deemed to be a notice of prohibition for the purposes of section 95 (4) (a) or (b).
215.51 Without limiting the authority of the Lieutenant Governor in Council to make regulations under any other provision of this Act, the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing an approved screening device for the purposes of the definition of "approved screening device" in section 215.41 (2);
(b) prescribing the form of notice of driving prohibition for the purposes of section 215.41 (6);
(c) for the purposes of section 215.44,
(i) prescribing monetary penalties, including prescribing a schedule of increasing monetary penalties based on whether a driving prohibition is a first, second or subsequent prohibition as described in section 215.43 (4), and
(ii) prescribing the manner for payment of monetary penalties;
(d) prescribing hearing fees, including oral hearing fees, for the purposes of section 215.48;
(f) prescribing documents or classes of documents for the purposes of the definition of "technical materials" in section 215.49 (6).
216 (1) The Lieutenant Governor in Council may make regulations as follows:
(a) requiring the inspection as to safety, emissions and repair of prescribed classes of vehicles and may provide differently for different
(iii) areas of British Columbia;
(b) providing for notification by the director or a peace officer to the owner or operator of a vehicle of a prescribed class requiring the owner or operator, within the period set out in the notification, to present the vehicle for inspection at a facility, or any one of a class of facilities, designated in the notification;
(c) providing for the duties and responsibilities of persons who are authorized under section 217 and of operators of facilities that are designated under that section respecting inspections of vehicles;
(c.1) prescribing grounds for which the director can cancel an authorization or designation granted to a person under section 217 (1) (a) or (b) respecting inspection of vehicles;
(d) prescribing the form and period of validity of an inspection certificate of approval or interim inspection certificate and requiring a vehicle that has been inspected to bear an inspection certificate of approval or interim inspection certificate;
(i) fees or the method of determining the amount of fees payable to the government in respect of inspections of vehicles and in respect of applications for and any consultations relating to the issuance of authorizations, designations and exemptions under section 217, and
(ii) charges payable, by persons required to present vehicles for inspection, to operators, other than the government, of facilities designated under section 217;
(f) prohibiting the operation, driving or parking on a highway and requiring surrender of the vehicle licence and corresponding number plates of a vehicle that is required to be presented for inspection and
(i) is not presented for inspection as required,
(ii) does not pass inspection, or
(iii) does not bear a valid inspection certificate of approval or interim inspection certificate;
(g) requiring the owners of prescribed classes of vehicles to maintain their vehicles in accordance with prescribed standards, and prescribing those standards;
(h) requiring owners and drivers of prescribed classes of vehicles to keep records respecting the use and maintenance of the vehicles.
(2) The minister, for and on behalf of the government, may enter into an agreement or arrangement with a municipality or treaty first nation to implement regulations made under subsection (1), and the municipality or treaty first nation may, by resolution, enter into the agreement or arrangement.
(5) The director or a person empowered to exercise the powers and perform the duties of a constable or peace officer in regulations made under section 210 (3) (n) may inspect and audit at reasonable times, on designated facility premises,
(c) equipment and reference materials required to be kept under section 217 (2) (c), and
(d) vehicles that have been inspected by a person authorized under section 217 (1) (a).
217 (1) For the purposes of section 216, the director may
(a) authorize persons to inspect vehicles,
(b) designate facilities operated by the government or a municipality or other person as facilities for different classes of inspections, and
(c) on conditions the Lieutenant Governor in Council requires, exempt a vehicle from inspection.
(1.1) The director may do one or both of the following:
(a) impose conditions on an authorization or designation referred to in subsection (1) at the time the director makes the authorization or designation or at another time during which the authorization or designation is in effect;
(b) make an authorization or designation referred to in subsection (1) subject to a specified term.
(2) For the purposes of section 216, the minister may, by regulation, do one or more of the following:
(a) establish standards of, and criteria and guidelines for, inspections relating to safety and repair for different classes of vehicles;
(b) prescribe standards of inspections or establish standards of, and criteria and guidelines for, inspections relating to emissions for different classes of vehicles;
(c) set out requirements that must be met or guidelines that must be followed by the persons who are designated under subsection (1) relating to maintenance of the facility and equipment and reference materials that must be kept at a designated facility;
(d) governing the manner in which persons authorized under subsection (1) must perform inspections.
(2.1) In making a regulation under subsection (2), the minister may adopt with or without modification one or more or a part of the provisions of a code, standard or rule respecting vehicle safety, emission or repair, as they may be amended from time to time before or after the making of the regulation, including, without limiting this, a standard set by the Canadian Council of Motor Transport Administrators.
(3) The Lieutenant Governor in Council may provide by regulation that
(i) a regulation of the minister under subsection (2) by a person who is authorized or designated under subsection (1), or
(ii) a standard prescribed by the minister under section 218 (2),
constitutes an offence, and
(b) a person who commits an offence under paragraph (a) is liable to a penalty not greater than the penalties provided under the Offence Act.
218 (1) The director may do one or more of the following:
(a) designate equipment or classes of equipment for which approval by the director is required as a condition precedent to the first retail sale of the equipment;
(b) approve equipment conforming to the safety or emissions standards prescribed by the minister under subsection (2).
(2) The minister may prescribe safety or emissions standards for a vehicle or its equipment that is offered for sale, exposed or displayed for sale, sold or delivered to a purchaser for use.
218.1 The Insurance Corporation of British Columbia may require drivers of classes of vehicles prescribed by the minister to participate in driver control programs.
219 (1) A person must not drive or operate a motor vehicle or trailer on a highway or rent a motor vehicle or trailer unless it is equipped in all respects in compliance with this Act and the regulations.
(a) may require a person who carries on the business of renting vehicles or who is the owner or person in charge of a vehicle
(i) to allow the peace officer to inspect a vehicle offered by the person for rental or owned by or in charge of the person, or
(ii) to move a vehicle described in subparagraph (i) to a place designated by the peace officer and to allow the vehicle to be inspected there by the peace officer, or, at the expense of the person required, to present the vehicle for inspection by a person authorized under section 217, and
(b) must remove any inspection certificate of approval affixed to the vehicle if, in the opinion of the peace officer or a person authorized under section 217, the vehicle is unsafe for use on a highway.
(3) An owner of a motor vehicle or trailer must not permit it to be driven or operated on a highway unless it is equipped in all respects in compliance with this Act and the regulations.
(4) In subsection (3), "owner" means
(b) in the case of a vehicle that is leased for a term of 30 days or more, the person who leases the vehicle.
219.1 (1) A peace officer may exercise a power under subsection (2) or (3) in either of the following circumstances:
(i) is reasonably uncertain as to whether a vehicle, cycle or other device
(A) is a self-propelled device, or
(B) is only capable of being propelled by human power, and
(ii) has reasonable grounds to believe that, if the vehicle, cycle or other device is a self-propelled device, the device is being used or operated in contravention of this Act or the regulations;
(b) the peace officer has reasonable grounds to believe that a vehicle, cycle or other device
(i) is a self-propelled device but is not a motor vehicle, and
(ii) is being used or operated in contravention of this Act or the regulations.
(2) In either of the circumstances described in subsection (1), the peace officer may, without a warrant, do any of the following:
(a) require a person to stop using or operating the vehicle, cycle or other device;
(b) require a person to state correctly
(i) the person's name and address, and
(ii) the name and address of the owner of the vehicle, cycle or other device;
(c) carry out an inspection of the vehicle, cycle or other device.
(3) In carrying out an inspection under this section, the peace officer may do any of the following:
(a) temporarily seize the vehicle, cycle or other device for the purposes of examining, testing, using or operating
(ii) equipment that is in, on or attached to the device;
(b) require the person to take the vehicle, cycle or other device to a place specified by the peace officer so that the device can be inspected at the specified place.
(4) A person must not interfere with, hinder or obstruct a peace officer who is exercising a power under this section.
220 (1) In this section, "seat belt assembly" means a device or assembly suitably fastened to the motor vehicle composed of straps, webbing or similar material that restrains the movement of a person in order to prevent or mitigate injury to the person and includes a pelvic restraint, an upper torso restraint or both of them.
(2) A person must not sell, offer for sale or operate on a highway a motor vehicle required to be registered and licensed only under this Act and manufactured or assembled after December 1, 1963, other than a motorcycle, unless it is equipped with not less than 2 seat belt assemblies for use in the front seat in accordance with the regulations.
(3) A person must not drive or operate a motor vehicle on a highway in which a seat belt assembly required under this section or the Motor Vehicle Safety Act (Canada) at the time the motor vehicle was manufactured, assembled or imported into Canada has been removed, rendered partly or wholly inoperative, or modified to reduce its effectiveness.
(4) A person in a motor vehicle being driven or operated on a highway must, if the motor vehicle has properly attached to it a seat belt assembly for the seating position occupied by that person, wear the complete seat belt assembly in a properly adjusted and securely fastened manner.
(5) Subsection (4) does not apply to a person
(a) driving a motor vehicle in reverse,
(c) who is actually engaged in work that requires the person to alight from and re-enter the motor vehicle at frequent intervals and who, while engaged in that work, does not drive or travel in that vehicle at a speed exceeding 40 km/h, or
(6) A person must not drive on a highway a motor vehicle in which there is a passenger who has attained age 6 but is under age 16 and who occupies a seating position for which a seat belt assembly is provided unless that passenger is wearing the complete seat belt assembly in a properly adjusted and securely fastened manner.
(7) Subsection (6) does not apply if the passenger
(b) is actually engaged in work that requires the passenger to alight from and re-enter the motor vehicle at frequent intervals and the motor vehicle does not travel at a speed exceeding 40 km/h.
(8) Despite this section, if a seat belt assembly consists of a pelvic restraint and a separate upper torso restraint, only the pelvic restraint need be worn.
(9) The Lieutenant Governor in Council may make regulations as follows:
(a) requiring the use of child seating and restraint systems in motor vehicles on highways and prescribing the specifications for them;
(b) defining the age of a child for the purpose of paragraph (a);
(c) providing for the exemption from any provision of this section of any
(i) type or class of motor vehicle, and
(ii) class or group of drivers or passengers in motor vehicles.
(10) A person who contravenes this section commits an offence.
222 A person must not sell, offer for sale, expose or display for sale or deliver over to a purchaser for use a motor vehicle, trailer or equipment for them that is not in accordance with this Act and the regulations.
223 (1) A manufacturer or distributor of a motor vehicle or trailer manufactured in British Columbia for sale in British Columbia and a dealer must not sell, offer for sale, display for sale or deliver over to a person for use a new motor vehicle or trailer of a class prescribed by the Motor Vehicle Safety Act (Canada) unless the motor vehicle or trailer and its components comply with safety standards prescribed in the Motor Vehicle Safety Act (Canada) and the regulations under it, bear the National Safety Mark and display the statement of compliance as required by those regulations.
(2) A distributor or dealer must not modify or alter a new motor vehicle or trailer, or exchange components of a new motor vehicle or trailer of a class for which standards are prescribed, in a manner that the motor vehicle or trailer does not comply with the safety standards prescribed in the Motor Vehicle Safety Act (Canada) and the regulations made under it.
(3) The Lieutenant Governor in Council may make regulations prohibiting
(a) the installation of components in a motor vehicle or trailer or the removal or alteration of any components of a motor vehicle or trailer if the installation, alteration or removal affects or is likely to affect the functioning of the motor vehicle or trailer so that it no longer meets the safety standards that were, at the time of its first retail sale, applicable to it and its components under the Motor Vehicle Safety Act (Canada), and
(b) the operation, driving or parking on a highway of a motor vehicle or trailer in which a component has been installed or altered or from which a component has been removed contrary to a regulation made under paragraph (a).
230 (1) This section applies to every legally qualified and registered psychologist, optometrist, medical practitioner and nurse practitioner who has a patient 16 years of age or older who
(a) in the opinion of the psychologist, optometrist, medical practitioner or nurse practitioner has a medical condition that makes it dangerous to the patient or to the public for the patient to drive a motor vehicle, and
(b) continues to drive a motor vehicle after being warned of the danger by the psychologist, optometrist, medical practitioner or nurse practitioner.
(2) Every psychologist, optometrist, medical practitioner and nurse practitioner referred to in subsection (1) must report to the superintendent the name, address and medical condition of a patient referred to in subsection (1).
(3) No action for damages lies or may be brought against a psychologist, an optometrist, a medical practitioner or a nurse practitioner for making a report under this section, unless the psychologist, optometrist, medical practitioner or nurse practitioner made the report falsely and maliciously.
231.1 (1) In this section, "activated e-cigarette", "e-cigarette" and "tobacco" have the same meaning as in the Tobacco and Vapour Products Control Act.
(2) A person must not smoke tobacco, hold lighted tobacco, use an e-cigarette or hold an activated e-cigarette in a motor vehicle that is occupied by a person under the age of 16 years, whether or not any window, sunroof, car-top, door or other feature of the vehicle is open.
(3) A person who contravenes subsection (2) commits an offence.
(4) The Lieutenant Governor in Council may make regulations exempting any person or class of persons from the requirements of this section and prescribing conditions for those exemptions.
Contents | Part 1 | Part 2 | Part 2.1 | Part 2.2 | Part 3 | Part 3.1 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 to 12 | Part 12.1 | Part 13
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