Motor Vehicle Act Regulations

B.C. Reg. 26/58
O.C. 1004/58

This archived regulation consolidation is current to December 31, 2021 and includes changes enacted and in force by that date. For the most current information, click here.

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Motor Vehicle Act

Motor Vehicle Act Regulations

[Last amended November 29, 2021 by B.C. Reg. 306/2021]

Division 40A — Heavy Vehicle Diesel Emission Inspections

Interpretation and application

40A.01 In this Division:

"diesel emission inspection" means an inspection and test of a vehicle to determine whether or not the vehicle meets the diesel emission standards prescribed under the Heavy Vehicle Diesel Emission Standards Regulation, and includes a diesel emission reinspection;

"diesel emission standards" means the diesel emission standards prescribed under the Heavy Vehicle Diesel Emission Standards Regulation;

"diesel engine" means an engine that uses diesel fuel and in which internal combustion is initiated by compression instead of by a spark;

"inspection facility" means a facility designated by the director as an inspection facility under section 217 of the Act;

"vehicle" means a vehicle, powered by a diesel engine, with a licensed gross vehicle weight of more than 5 000 kg, but does not include

(a) an implement of husbandry or a vehicle licensed under section 8, 9, 10 or 44 of the Act,

(b) a road building machine as defined in the Commercial Transport Act, or

[en. B.C. Reg. 97/99, Sch.; am. B.C. Reg. 126/2007, s. 1.]

Vehicles on highways must meet diesel emission standards

40A.02 A person must not drive or operate, or cause to be driven or operated, a vehicle on a highway if the vehicle does not meet the diesel emission standards.

[en. B.C. Reg. 97/99, Sch.; am. B.C. Reg. 126/2007, s. 2.]

Roadside diesel emission inspections

40A.03 (1) If a peace officer believes on reasonable and probable grounds that a vehicle driven or operated on a highway does not meet the diesel emission standards, the peace officer may require the driver of the vehicle to stop for a diesel emission inspection of that vehicle.

(2) The driver must

(a) immediately come to a safe stop when signalled or requested by the peace officer to stop, and

(b) in accordance with an order or direction of the peace officer, submit the vehicle to the diesel emission inspection and comply with any other orders or vehicle operating directions given by the peace officer for the purposes of this section.

(3) The peace officer must, on completion of the diesel emission inspection, complete an inspection report and give a copy of that report to the driver of the vehicle inspected.

(4) If the vehicle fails the diesel emission inspection, the peace officer

(a) must notify the driver or owner of the failure, and

(b) may order the driver or owner to present the vehicle to an inspection facility for reinspection within the period set out in the notification.

(5) A person must comply with

(a) the orders and directions given by a peace officer under subsection (2), and

(b) an order referred to in subsection (4) (b).

[en. B.C. Reg. 97/99, Sch.; am. B.C. Reg. 126/2007, s. 3.]

Repealed

40A.04-
40A.06
Repealed. [B.C. Reg. 126/2007, s. 4.]

Offences

40A.07 A person who contravenes section 40A.02 or 40A.03 (5) (a) commits an offence.

[en. B.C. Reg. 97/99, Sch.; am. B.C. Reg. 126/2007, s. 5.]

Division 40B — Heavy Vehicle Diesel Emission Control Device

Interpretation and application

40B.01 (1) In this Division:

"diesel engine" means an engine that uses diesel fuel and in which internal combustion is initiated by compression instead of by a spark;

"inspection" means an inspection and test of a vehicle to determine whether the vehicle is fitted with an emission control device;

"vehicle" means a commercial vehicle that is registered and licensed under section 6 of the Commercial Transport Act, powered by a diesel engine and with a licensed gross vehicle weight of more than 8 200 kg, but does not include

(a) a bus,

(b) an emergency vehicle,

(i) that is an industrial machine or road building machine, other than a vehicle described by body style in Schedule 1 to Division 25 that has a licensed gross vehicle weight greater than 17 300 kg,

(ii) licensed under section 8, 9, 10, 38, 41, 42 or 44 of the Act,

(iii) owned by Her Majesty the Queen in Right of Canada,

(iv) driven under a permit issued under section 6 (7) of the Commercial Transport Act or under Division 14 of this regulation,

(v) to which section 21 of the Act applies,

(vi) that is a commercial vehicle having a licensed gross vehicle weight of 17 300 kg or less and that is licensed and insured as a farm vehicle, or

(vii) that is exempted by the director under section 25.01 (3) or (4).

(2) For the purposes of inspection of a vehicle that is required under this Division to be equipped with an emission control device, Division 25, except section 25.01 (2) to (4), applies to the inspection and the vehicle as if the definition of "standards" in section 25.01 (1) included the requirements of section 40B.02.

[en. B.C. Reg. 40/2010.]

Emission control device required

40B.02 (1) A vehicle

(a) of a model year of 1989 to 1993 that has a diesel engine with a model year of 1989 to 1993, or

(b) that has a diesel engine with a model year of 1989 to 1993

must be equipped with an emission control device that complies with subsection (3).

(2) The model year of a vehicle's engine must be determined as follows:

(a) by the year indicated on the engine information label;

(b) if there is no label as described in paragraph (a), by the year of the chassis as indicated on the manufacturer's statement of compliance label.

(3) An emission control device for a vehicle must reduce particulate matter emissions by at least 20%.

[en. B.C. Reg. 40/2010.]

Director may exempt from requirement

40B.03 (1) The director may exempt a vehicle from the requirement in section 40B.02 unconditionally or on conditions the director considers desirable, if one or more of the following circumstances exist:

(a) the director is satisfied, based on information provided to the director, that an emission control device

(i) is not available for the diesel engine type or model year of that vehicle, or

(ii) cannot be installed on the vehicle for technical reasons;

(b) use of the vehicle is required in an emergency.

(2) For safety purposes, the director may exempt a vehicle from the requirement in section 40B.02 unconditionally or on conditions the director considers desirable.

[en. B.C. Reg. 40/2010.]

Division 41 — Speed Monitoring and Traffic Light Safety

Devices prescribed

41.01 (1) Repealed. [B.C. Reg. 162/2001.]

(1.1) For the purpose of prescribing a speed monitoring device under section 83.1 (8) (a) of the Act, the REDFLEX-HALO-FIXED-1.3-12MPDUAL is prescribed.

(2) For the purpose of prescribing a traffic light safety device under section 83.1 (8) (b) of the Act, the following are prescribed:

(a) Repealed. [B.C. Reg. 353/2010, Sch. s. 1 (a).]

(b) Repealed. [B.C. Reg. 133/2019, App. 3, s. 1 (b).]

(d) the REDFLEXred-MK6-HDX-200-1100-RLC;

(e) the REDFLEX-HALO-FIXED-1.3-12MPDUAL;

(f) the REDFLEXred-MK7-HDX-200-1100-RLC.

[en. B.C. Reg. 215/99, App. 1, s. 3; am. B.C. Regs. 238/99; 162/2001; 353/2010, Sch. s. 1 (a); 211/2014; 254/2018, App. 1; 133/2019, App. 3, s. 1; 170/2021.]

Prescribed maximum period

41.011 The prescribed maximum period for the purposes of section 83.1 (15) of the Act is 30 days.

[en. B.C. Reg. 22/2020, App. 2, s. 1.]

Forms for section 83.2 certificates

41.02 (1) The certificates set out in Schedules A.1, A.2 and A.3 are prescribed for the purposes of section 83.2 (2) (a) [speeding] of the Act.

(2) The certificate set out in Schedule W is prescribed for the purposes of section 83.2 (2) (b) [traffic control signal] of the Act for use in relation to section 129 (1) [red light] of the Act.

[en. B.C. Reg. 133/2019, App. 3, s. 2; am. B.C. Reg. 22/2020, App. 2, s. 2.]

Fines for speeding offences

41.03 (1) For the purposes of section 148.1 (1) (a) and (2) (a) of the Act, the following fine amounts are prescribed:

(a) for a contravention of section 140 of the Act, $145;

(b) for a contravention of section 146 (1), (3), (5) or (7) of the Act, $95;

(d) for a contravention of section 148 (1) of the Act, $295.

(2) For the purposes of section 148.1 (1) (b) and (2) (b) of the Act, the following supplemental fine amounts are prescribed:

(a) for a contravention of section 140 of the Act, if the person exceeds the applicable speed limit by more than 20 km/hr but less than 41 km/hr, $50;

(b) for a contravention of section 146 (1), (3), (5) or (7) of the Act, if the person exceeds the applicable speed limit by more than 20 km/hr but less than 41 km/hr, $50;

(c) for a contravention of section 147 (1) or (2) of the Act, if the person exceeds the applicable speed limit by more than 20 km/hr but less than 41 km/hr, $50;

(d) for a contravention of section 148 (1) of the Act, if the person exceeds the applicable speed limit by more than 60 km/hr, $100.

[en. B.C. Reg. 368/97, App. 1; am. B.C. Reg. 33/2019.]

Schedule A

Repealed. [B.C. Reg. 133/2019, App. 3, s. 3.]

Schedule A.1

[en. B.C. Reg. 133/2019, App. 3, s. 3.]

Schedule A.2

[en. B.C. Reg. 22/2020, App. 2, s. 3.]

Schedule A.3

[en. B.C. Reg. 22/2020, App. 2, s. 3.]

Schedules B to V

Repealed. [B.C. Reg. 133/2019, App. 3, s. 3.]

Schedule W

[en. B.C. Reg. 353/2010, Sch. s. 1 (d).]

CREST

VIOLATION TICKET NUMBER

Certificate of Enforcement Officer

Motor Vehicle Act: Section 129 (1)

Disobey Red Light at Intersection

I,........................................, am an enforcement officer within the meaning of the Offence Act, and a qualified intersection safety camera officer of the prescribed traffic light safety device, namely a ......................................................... (the "Device") described in this certificate. For the purpose of providing evidence of an offence under section 129 (1) of the Motor Vehicle Act and pursuant to section 83.2 (2) (b) of the Act, I certify that:

1. a) on ....................(yyyy-mm-dd), at ..........(24 hour clock) hours, a motor vehicle (the "Vehicle") proceeding ............................... on ......................................................., with the licence plate number ....................., issued in the jurisdiction of .................................., entered the intersection at ............................................................... at or near .............................. in the Province of British Columbia while a clearly visible red light alone facing the Vehicle was exhibited by a traffic control signal governing the intersection, and

b) the traffic control signal was erected in accordance with the Motor Vehicle Act Regulations, and

c) the evidence of this alleged contravention was gathered through the use of the Device;

2. a) the Device gathered the evidence by photographing or capturing three images of the Vehicle and accurately and simultaneously recording data related to that Vehicle and the traffic control signal mentioned in paragraph 1. The description of data found in Images One, Two and Three is on pages 2 and 3 of this certificate, and

b) Image One was taken before the Vehicle entered the .................................... ............................................. (marked crosswalk on the near side of the intersection/intersection) facing the red light alone exhibited by the traffic control signal, and

c) Image Two was taken after Image One and shows the Vehicle in the intersection mentioned in paragraph 1, and

d) Image Three was taken at the same time as or after Image One, and shows the Vehicle, and

e) Image Four is an enlargement of Image Three showing the licence plate area of the Vehicle;

3. the Device functioned properly in accordance with the manufacturer's specifications at the time of the alleged contravention;

4. a) the licence plate number on the Vehicle was identified from the evidence gathered by the Device by ..................................................................................... (method of identification), and

b) in this certificate all times referred to are indicated in the 24 hour clock format; and

5. the databox on the top of Images One, Two and Three was electronically and simultaneously recorded in accordance with section 83.1 (10) of the Motor Vehicle Act.

Date Certificate Completed: ...............................

Enforcement Officer's Signature
and ITCU ID. #: ........................................................................................

Certificate of Enforcement Officer

Page 2

IMAGE ONE

Data	Description/Explanation
Date	date the image was captured (year/month/day)
Time	time the image was captured in 24 hour clock format (hour:minute)
Lane	lane number in which the Vehicle was travelling
Elapsed Time	number of seconds since Image One was captured

IMAGE TWO

Certificate of Enforcement Officer

Page 3

IMAGE THREE

Data	Description/Explanation
Date	date the image was captured (year/month/day)
Time	time the image was captured in 24 hour clock format (hour:minute)
Lane	lane number in which the Vehicle was travelling
Elapsed Time	number of seconds since Image One was captured

IMAGE FOUR (Enlargement of Licence Plate Area from Image Three)

Division 42 — High Occupancy Vehicles

Definitions

42.01 In this Division:

"blood delivery vehicle" means a motor vehicle that is

(a) owned or operated by or on behalf of the Canadian Blood Services,

(b) clearly marked as a Canadian Blood Services vehicle, and

"cycle" means cycle as defined in section 119 of the Act;

"electric motor vehicle" means a motor vehicle that

(a) has an electric propulsion engine and a battery storage system that can be charged from an external electric charging outlet, and

(b) displays a permit, in a form issued by the minister responsible for the administration of the Transportation Act, on the vehicle's rear bumper or rear window;

"handy dart vehicle" means a vehicle designed to transport persons with disabilities and operated by a person in the business of providing transportation services to the public;

"high occupancy vehicle" means

(a) a bus, or

(b) a vehicle under 5 500 kg GVW that is carrying at least the minimum number of persons specified by the applicable traffic control device;

"high occupancy vehicle lane" means a high occupancy vehicle lane as defined in section 119 of the Act;

"marked vehicle" means a vehicle that is referred to in section 4.28 (1) as authorized to be equipped with lamps that are capable of displaying flashes of light but does not include vehicles referred to in sections 4.28 (4), (5) (b) and (d), (6), 4.29 or 4.30;

"officer" means a person who is an agent for traffic direction purposes of the ministry or of the municipality in which the person is directing traffic or who is a peace officer;

"traffic control device" means a traffic control device as defined in section 119 of the Act.

[en. B.C. Reg. 215/96; am. B.C. Regs. 257/2000, s. 1; 198/2010, Sch. s. 1; 64/2016, s. 2.]

Rules for use of high occupancy lanes

42.02 (1) A person must not stop or park a vehicle or cycle in a high occupancy vehicle lane except

(a) to comply with a traffic control device,

(b) to comply with the instructions given by an officer,

(d) the driver of the following vehicles while attending to a disabled vehicle or an emergency:

(i) an emergency vehicle;

(ii) a marked vehicle.

(2) A driver of a vehicle that is not a high occupancy vehicle must not use a high occupancy vehicle lane except if necessary

(a) to make a right turn from the lane, at the first intersection where the turn is permitted, to access a highway intersecting the lane or premises adjacent to the lane,

(b) to make a right turn from an intersecting highway or premises adjacent to the lane, at the first intersection where the turn is permitted, to access the highway in which the lane is situated, or

(3) Subsection (2) does not apply to

(a) the driver of a marked vehicle responding to a disabled vehicle or another emergency on the highway where the high occupancy vehicle lane is located,

(b) the driver of an emergency vehicle,

(d) an operator of a cycle, motorcycle, taxi, handy dart vehicle or an electric motor vehicle, or

(e) the driver of a blood delivery vehicle while transporting blood or blood products.

(4) Despite subsection (3) (d), subsection (2) applies to an operator of a cycle, motorcycle, taxi, handy dart vehicle or an electric motor vehicle if a traffic control device specifies that the operator is not to use the high occupancy vehicle lane except as specified in subsection (2).

[en. B.C. Reg. 215/96; am. B.C. Regs. 314/98, s. 1; 257/2000, s. 2; 198/2010, Sch. s. 2; 64/2016, s. 3.]

Repealed

42.03 Repealed. [B.C. Reg. 64/2016, s. 4.]