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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to September 6, 2000]
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Contents |
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Section |
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1 In this Act:
"access road" means a road of a temporary nature used to reach sources of material or parts of a construction project, or for fire protection in timbered areas, and access to mining claims;
"cat road" means an unsurfaced road of a temporary nature over which logs or materials are dragged by any means;
"company" means a natural person, a partnership of persons having a joint or common interest or a corporation which constructs, owns or operates an industrial road;
"construction site" means an area where actual construction operations are being carried out, and includes tote roads, cat roads and access roads;
"equipment" includes all rolling stock and vehicles, log loaders and dumpers, loading works and transfers, hoists and cranes, and other machinery used in the operation or construction of an industrial road;
"industrial road" means a road constructed or existing for transportation by motor vehicle of
(a) natural resources, raw or manufactured, or
(b) machinery, materials or personnel,
and includes all bridges, wharves, log dumps and works forming a part of the road, but does not include
(c) a public road, street, lane or other public communication,
(d) a privately owned road used by a farmer or resident for the person's own purposes,
(e) a road used exclusively for the construction and maintenance of electric power lines, telephone lines or pipe lines, or
(f) roads and yards within manufacturing plants, industrial sites, storage yards, airports and construction sites; tote roads, cat roads and access roads;
"minister" includes a person designated in writing by the minister;
"ministry" means the Ministry of Transportation and Highways;
"motor vehicle" includes all vehicles propelled other than by muscular power, except the cars of electric and steam railways and other motor vehicles running only on rails or tracks;
"road" means a graded strip of ground, appropriated for travel by motor vehicle, which is not on the right of way of a public highway;
"tote road" means an unsurfaced road of a temporary nature over which construction materials and supplies are moved;
"traffic" means vehicle traffic on industrial roads.
2 This Act is administered by the minister, subject to the control and direction of the Lieutenant Governor in Council.
3 A company must not operate an industrial road except in accordance with the regulations under this Act.
4 Unless authorized by the minister, a company must not locate or construct its proposed industrial road so as to obstruct, interfere with, or injuriously affect the working of or the access or entrance to any mine then open, or for the opening of which preparations are being lawfully and openly made.
5 (1) The industrial road of a company must not cross or join, or be crossed or joined, by a public road or highway until the minister gives permission.
(2) On application for permission, the applicant must
(a) submit to the minister a plan and profile of the crossing or junction, and other plans, drawings and specifications the minister may require, and
(b) obtain the consent of the minister to the proposed crossing or junction.
(3) The minister may, by certificate, do one or more of the following:
(a) grant an application on terms as to public protection and safety the minister considers expedient;
(b) change the plan and profile, drawings and specifications submitted, and fix the place and mode of crossing or junction;
(c) direct that the industrial road be carried over or under the public highway;
(d) direct that
(i) the works, structure, equipment, appliances and materials be constructed, provided, installed, maintained, used or operated,
(ii) guards or other persons be employed, and
(iii) measures be taken,
as appear to the minister best adapted to remove and prevent all danger of accident, injury or damage;
(e) direct that stop signs and other warning signs and devices the minister considers expedient be placed on the industrial road;
(f) require that detail plans, drawings and specifications of existing highway crossings and junctions be submitted to the minister for approval.
(4) A person must not operate a motor vehicle on a highway crossing or junction until the minister grants an order authorizing the operation.
(5) The minister may not grant an order until satisfied that the orders and directions in the certificate have been carried out and this section complied with.
6 (1) Part 15 of the Railway Act applies for the crossing of a railway by an industrial road or vice versa, and the word "highway" in that Part means "industrial road".
(2) Part 16 of the Railway Act applies and the word "railway" in that Part means "industrial road".
(3) Part 17 of the Railway Act applies to an industrial road, and the word "railway" in that Part means "industrial road".
7 Sections 173 to 177 and sections 185 and 186 of the Motor Vehicle Act apply to an industrial road and traffic on it.
8 All bridges and structures on industrial roads through, over or under which motor vehicles may travel must be constructed, reconstructed, safely maintained or abandoned in a manner consistent with the regulations under this Act.
9 If ordered by the minister, a company abandoning an industrial road must remove every bridge, structure or other thing that in the opinion of the minister is likely to menace public safety, create a fire hazard or obstruct a stream.
10 (1) Inspecting engineers required for this Act may be appointed under the Public Service Act to hold office during pleasure.
(2) If directed by the minister, an inspecting engineer must inspect an industrial road, whether constructed or in the course of construction, and report at once on it in writing to the minister.
(3) Every inspecting engineer has full and unrestricted powers of entry, investigation and examination of industrial roads.
(4) The production of a certificate of appointment, signed by the minister or deputy minister, is sufficient evidence of the authority of an inspecting engineer.
11 (1) On receiving a report of the inspecting engineer, the minister may, by a certificate, order repairs, renewal, reconstruction, alteration or new work, materials or equipment to be made, done or provided by a company on, in addition to or substitution for a portion of an industrial road that may from the report appear to the minister necessary or proper.
(2) The minister may order that until the repairs, renewals, reconstruction, alteration and work, materials, or equipment ordered under subsection (1) are made, done and provided to the minister's satisfaction, the industrial road for which the order is made
(a) must not be used, or
(b) must not be used other than subject to restrictions, conditions and terms the minister may impose in the certificate.
(3) On the report of an inspecting engineer, the minister may, by certificate, do any of the following:
(a) declare a road an industrial road;
(b) declare an industrial road abandoned;
(c) declare an industrial road a tote road or access road.
12 All motor vehicles and equipment used on or in conjunction with an industrial road must be maintained in safe and proper condition consistent with any regulations made under this Act.
13 (1) Motor vehicles used on an industrial road and equipped to haul trailers and semitrailers, as well as all trailers hauled or intended to be hauled, must be equipped and maintained with air brakes or a type of power brake approved by the minister in the regulations under this Act.
(2) Trailers, semitrailers and motor vehicles other than logging trucks, that are licensed under the Commercial Transport Act and that comply with the Motor Vehicle Act, are not subject to subsection (1) as long as they are not principally used on industrial roads.
14 The minister may direct that a safety appliance considered expedient for the safety of workers be installed and maintained on an industrial road or motor vehicle used on the industrial road.
15 Motor vehicles operating on an industrial road during darkness must be equipped with headlights, tail lights, stoplights and clearance lights in accordance with the regulations.
16 Subject to this Act and the Forest Act, a company may make regulations in respect of one or more of the following:
(a) the mode by which and the speed at which a vehicle operating on the company's industrial road may be moved;
(b) weights vehicles may carry on the company's industrial roads;
(c) the overall width, size and weight of vehicles used on the company's roads;
(d) travelling on or using of the company's road;
(e) special rules of the road required by the company in the operation of the company's industrial road;
(f) blocking of traffic on the company's road;
(g) placing of stop signs if necessary;
(h) carriage of freight on the company's road;
(i) carriage of passengers on the company's road;
(j) governing of vehicles other than the company's own vehicles using the company's road;
(k) governing of all traffic on the company's road.
17 All regulations, whether made by the directors or the company, must be in writing, signed by the chair or person presiding at the meeting at which they are adopted, and bear the common seal of the company.
18 (1) All regulations must be submitted to the minister for approval.
(2) The minister may, by certificate, approve the regulations or any part, and may rescind the approval or any part.
(3) No regulations have effect without the approval of the minister.
19 Regulations, if approved, are binding on and must be observed by all persons, and are sufficient to justify all persons acting under them.
20 A printed copy of as much of a regulation as relates to the conduct of or affects the officers or employees of the company must be given to every officer and employee of the company affected.
21 If the violation or nonobservance of a regulation is attended with danger or annoyance to the public, or hindrance to the company in the lawful use of the road, the company may summarily interfere, using reasonable force, if necessary, to prevent the violation or to enforce observance, without prejudice to any penalty incurred for the violation or nonobservance.
22 Signs must be placed at the junction of a public road or highway and an industrial road warning the public or the drivers of vehicles that they are entering a privately owned industrial road, and that, if they are permitted to enter, they must govern themselves according to the rules governing the road.
23 A company must ensure that every bus or crew car used by the company to transport its employees comes to a complete stop before the vehicle crosses a railway.
24 (1) In an action for indemnity for damages or injury sustained because of construction or operation of an industrial road, the defendants may
(a) plead the general issue,
(b) give this Act and the special matter in evidence at the trial, and
(c) prove that the damages or injury alleged were done under and by authority of this Act.
(2) No inspection under this Act, nothing in this Act and nothing done or ordered or omitted to be done or ordered, under or by virtue of this Act, relieves a company of or from or diminishes or affects any liability or responsibility resting on it, either toward Her Majesty or toward a person, or the wife or husband, parent or child, executor or administrator, heir or personal representative, of a person, for anything done or omitted to be done by the company, or for a wrongful act, neglect or default, misfeasance, malfeasance or nonfeasance of the company.
(3) Despite subsections (1) and (2), a person using a road, or the person's heir, personal representative, wife, husband, parent or child is not entitled to indemnity or compensation from the owner or licensee of the road or from Her Majesty in right of the Province for loss, damage, injury or expense caused by the condition of the road or a work that is part of it, but this subsection does not affect the liability of the owner or licensee or Her Majesty with respect to the agents, contractors or employees of the owner or licensee.
25 (1) A person must not drive a motor vehicle that is equipped with air brakes on an industrial road unless the person holds one or more of the following:
(a) a valid certificate of competency as an operator of air brake equipped vehicles issued under the regulations made under this Act, except as otherwise provided by regulation;
(b) a temporary permit to operate air brake equipped vehicles issued by the ministry;
(c) a valid and subsisting driver's licence issued under the Motor Vehicle Act of a class appropriate to the category of motor vehicle driven or operated by the person, if the motor vehicle is a scheduled bus as defined in the Motor Carrier Act;
(d) a valid and subsisting driver's licence issued under the Motor Vehicle Act of a class appropriate to the category of motor vehicle driven or operated by the person and the motor vehicle is licensed under the Commercial Transport Act and is in compliance with the Motor Vehicle Act.
(2) A person must not drive a motor vehicle that is not equipped with air brakes on an industrial road unless the person holds one of more of the following:
(a) a valid and subsisting driver's licence issued under the Motor Vehicle Act of a class appropriate to the category of motor vehicle driven or operated by the person;
(b) a certificate of competency as an operator of motor vehicles issued under a regulation under this Act;
(c) a temporary permit to operate motor vehicles issued by the ministry.
26 (1) As soon as possible, and immediately after the head officers of a company receive information of an accident involving personal injury to a person using a road belonging to the company, the company must give notice and full particulars to the minister.
(2) The minister may declare
(a) the manner in which the information and notice must be given,
(b) the class of accidents to which this section applies, and
(c) that any information so given is privileged.
27 (1) The minister may appoint a person to inquire into
(a) all matters the minister considers likely to cause or prevent accidents, and
(b) the causes of and the circumstances connected with an accident or casualty to life or property occurring on an industrial road and all particulars relating to it.
(2) The person appointed must report the findings of the inquiry in writing to the minister.
(3) On receipt of the report the minister may recommend that a company
(a) suspend or dismiss an employee who appears by the report to have been negligent or wilful in the circumstances of the matter inquired into, or
(b) transfer an employee from the employee's regular occupation if medical examination of the employee shows the employee to be physically unfit for the employee's regular occupation and that the physical unfitness has contributed to the occurrence of the matter inquired into.
(4) Nothing in this section prevents an employee or the employee's representative from making representations to the person appointed to conduct an inquiry.
28 With the approval of the Lieutenant Governor in Council, the minister may make regulations referred to in section 41 of the Interpretation Act, including regulations:
(a) for the examination and certification of drivers and operators;
(b) governing traffic;
(c) for the approval of safety appliances used on motor vehicles;
(d) setting fees paid for matters transacted by companies with the ministry;
(e) setting and imposing fees to be paid by a company to cover the cost of inspections of industrial roads by an inspecting engineer.
29 (1) A person who trespasses on the yard or road of a company commits an offence and is liable on conviction to a penalty not exceeding $10.
(2) Subsection (1) does not apply to that part of the road of a company that is laid along, on, or across a highway or has been openly accepted for use by the public for a continuous period exceeding one year.
(3) A person or company contravening this Act or a regulation under this Act is liable on conviction to a penalty of not more than $300.
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada