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MOTOR VEHICLE ACT REGULATIONS — Continued
B.C. Reg. 26/58
Division 24 — Regulations Regarding Vehicles of Unusual Size,
Weight or Operating Characteristics
24.01 (1) In this section:
"chief of police of the municipality" includes, for a municipality policed by the Commissioner of Provincial Police, the senior member of the Royal Canadian Mounted Police in that municipality;
"gold rush snowmobile trail highway traverse" means that portion of a highway that is traversed by the Gold Rush Snowmobile Trail.
(2) A person must not drive or operate a snow vehicle or snowmobile on a highway within a municipality unless he or she is the holder of a permit to do so in the form established by the Insurance Corporation of British Columbia and issued by the chief of police of the municipality.
(3) A person must not drive or operate a snow vehicle or snowmobile on a highway in unorganized areas of British Columbia unless he or she is the holder of a permit to do so in the form established by the Insurance Corporation of British Columbia and issued by a member of the Royal Canadian Mounted Police stationed nearest to the place where the snow vehicle or snowmobile will be so driven or operated by that person.
(4) Despite subsections (2) and (3), a person may drive or operate a snow vehicle or snowmobile on any gold rush snowmobile trail highway traverse if the person is the holder of a permit to do so in the form established by the Insurance Corporation of British Columbia and issued by a member of the Royal Canadian Mounted Police whose detachment is responsible for any gold rush snowmobile trail highway traverse.
(5) A permit under this section is subject to the limitations and conditions set out in the permit by the chief of police who issues it under subsection (2) or by the member of the Royal Canadian Mounted Police who issues it under subsection (3) or (4).
[en. B.C. Reg. 472/2003.]
24.02 (1) Unless specifically provided in a permit issued in accordance with section 24.01 or 24.03, no person shall drive or operate a snow vehicle, snowmobile or air cushion vehicle between 1/2 hour after sunset to 1/2 hour before sunrise.
(2) A snow vehicle or golf cart being operated from 1/2 hour after sunset to 1/2 hour before sunrise must be equipped so as to comply with sections 4.05 and 4.15 and, where the word "motorcycle" appears in those sections, the word "snow vehicle" or "golf cart" is to be substituted.
(3) Sections 5.04, 7.03 and 7.09 shall apply to snow vehicles and golf carts.
(4) For the purpose of general transportation use on provincial roadways, a golf cart
(a) must be registered, insured and licensed,
(b) must weigh less than 815 kg GVW,
(c) must be equipped with
(i) at least 3 wheels, and
(ii) reflectors, a horn and a rear view mirror as required by sections 4.08, 7.02 (1) and 10.17 of this regulation, and turn signals as required by section 171 (1) (b) or (c) of the Act,
(d) must not be operated with more than 4 persons, including the operator, in the vehicle,
(e) must comply with the stopping distance requirements described in section 5.04 (2) for an implement of husbandry or a special mobile vehicle, and
(f) may only operate on provincial roadways that
(i) are located on an island that is not accessible by scheduled vehicle ferry service or by bridge, and
(ii) have a posted speed limit of 20 km per hour or less.
(5) Despite subsection (4) (f), a golf cart may cross a highway, but only if crossing from one part of a golf course to another part of the same golf course.
[en. B.C. Reg. 46/67, s. 20; am. B.C. Regs. 342/75, s. 2; 273/97, s. 2; 476/98, s. 4.]
24.03 (1) No person shall drive or operate an air cushion vehicle on or across a highway in unorganized areas of the Province unless he is the holder of a permit in the prescribed form, signed by a member of the Royal Canadian Mounted Police stationed nearest to the place where such operation will take place, authorizing the operation and subject to the limitations and conditions therein.
(2) No person shall drive or operate an air cushion vehicle on or across a highway within a municipality unless he is the holder of a permit in the prescribed form, signed by the chief of police of the municipality, authorizing the operation and subject to the limitations and conditions contained therein, and for the purposes of this subsection the term "chief of police of the municipality" has the meaning set out in section 36 (1) of the Act.
[en. B.C. Reg. 342/75, s. 2.]
24.04 (1) In this section "all terrain vehicle" means a self propelled wheeled vehicle designed for
(a) personal transportation, or
(b) the transportation of equipment or other goods
primarily on marshland or other unprepared surface and includes a trailer attached to the vehicle, but does not include an implement of husbandry.
(2) No person shall operate an all terrain vehicle on a highway unless
(a) in addition to a licence issued for the vehicle under section 3 of the Act, he holds an operation permit issued under subsection (4), and
(b) the vehicle is operated in accordance with the restrictions specified in the operation permit.
(3) An application for an operation permit may be made to
(a) where the place where the vehicle is to be operated is policed by a municipal police force, a constable of that force, and
(b) in any other case, a member of the R.C.M.P. detachment stationed nearest to the place where the vehicle is to be operated.
(4) On application under subsection (3) by the owner or lessee of an all terrain vehicle
(a) that is used primarily for farming or industrial purposes, and
(b) for which a licence has been issued under section 3 of the Act,
the constable or member of the R.C.M.P. shall issue an operation permit, in a form established by the Insurance Corporation of British Columbia, authorizing, subject to the conditions specified on the permit under subsection (5), the operation of the vehicle across a highway or on the untravelled portion of a highway, or both, while the vehicle is being used for the purposes referred to in paragraph (a).
(5) After consultation with the person responsible for highway maintenance in the municipality or district in which the vehicle is to be operated, the person to whom application is made under subsection (3) may, in the operation permit,
(a) specify one or more highways across or on which, or both, the vehicle may be operated, and
(b) restrict
(i) the hours of the day and days of the week during which, and
(ii) the area of the highway across or on which, or both,
the all terrain vehicle may be operated.
(6) An operation permit expires on the date of expiry of the vehicle licence issued under section 3 of the Act for the all terrain vehicle.
(7) No person shall operate an all terrain vehicle across or on a highway unless the vehicle is equipped
(a) in accordance with sections 4.09 and 7.03, and
(b) where the vehicle is being operated during the period from 1/2 hour after sunset to 1/2 hour before sunrise, in accordance with sections 4.02 (1), 4.04, 4.05, 4.07 (1), 4.08 and 4.101.
(8) Sections 4.01 (1) and (5) and 5.04 (2) apply to a person operating an all terrain vehicle across or on a highway.
[en. B.C. Reg. 229/88, s. 3; am. B.C. Reg. 413/97, App. 1, s. 2.]
24.05 (1) For the purposes of section 169.1 (1) (a) of the Act, a bus operated by or on behalf of British Columbia Transit or the Greater Vancouver Transportation Authority, or by or on behalf of a person or municipality as part of an independent transit service, may be equipped with one or both of the following:
(a) an illuminated yield sign that complies with section 4.27 (5) of this regulation;
(b) a non-illuminated yield sign that complies with subsection (2) of this section.
(2) The non-illuminated yield sign referred to in subsection (1) (b) must
(a) be in the form depicted in the Schedule to this Division, and
(b) be mounted to the left side at the rear of the bus.
[en. B.C. Reg. 91/99, s. 2.]
24.06 The driver of a bus must not illuminate the yield sign on a bus referred to in section 24.05 (1)
(a) until the driver has, by activating the left turn signal of the bus, indicated the intention to exit a bus stop and enter the travelled portion of the highway adjacent to the bus stop, or
(b) unless the bus he or she is driving is leaving a bus stop and entering the traveled portion of the highway adjacent to the bus stop.
[en. B.C. Reg. 91/99, s. 2.]
[en. B.C. Reg. 91/99, s. 3.]
Division 25 — Vehicle Inspection and Maintenance
25.01 (1) In this Part:
"authorized person" means a person authorized by the director to inspect vehicles under section 217 of the Act;
"corporation" means the Insurance Corporation of British Columbia;
"designated inspection facility" means a facility designated by the director as an inspection facility under section 217 of the Act;
"farm vehicle" has the same meaning as in the Commercial Transport Regulations, B.C. Reg. 30/78;
"identification card" means a card issued by the director to an authorized person and used to imprint an inspection report;
"identification plate" means a plate issued by the director to a designated inspection facility and used to imprint an inspection report;
"inspection certificate" means an inspection certificate of approval in the form of a decal issued by the director which shows the date of expiry of the certificate, and includes an interim inspection certificate;
"inspection report" means an inspection report in the form required by the director;
"owner" in relation to a designated inspection facility, includes the person having charge of the operation of the facility;
"standards" means standards of safety and repair prescribed by the minister under section 217 of the Act, including the Inspection Standards (Safety and Repair) Regulation.
(2) This Part applies to
(a) a taxi,
(b) a bus, including a school bus in respect of which a permit has been issued under Division 11,
(c) a commercial vehicle having a licensed gross vehicle weight of more than 8 200 kg,
(d) a vehicle, other than a motorcycle, the operator of which is required to hold a licence under the Motor Carrier Act or a licence or temporary operating permit under the Passenger Transportation Act,
(e) a vehicle, other than a motorcycle, owned or leased by a driver training school, and
(f) a trailer and semi-trailer as defined under the Commercial Transport Act,
but does not include a vehicle
(g) that is an industrial machine or road building machine, other than a vehicle described by body style in Schedule 1 to this Division that has a licensed gross vehicle weight greater than 17 300 kg,
(h) licensed under section 8, 9, 38, 41, 42 or 44 of the Act,
(i) owned by the Queen in Right of Canada,
(j) driven under a permit issued under section 6 (7) of the Commercial Transport Act or under Division 14 of this regulation,
(k) to which section 21 of the Act applies, or
(l) that is a commercial motor vehicle, other than a bus, having a licensed gross vehicle weight of 17 300 kg or less and that is licensed and insured as a farm vehicle.
(3) The director may exempt a class of persons or vehicles from subsection (2) unconditionally, or on conditions the director considers desirable, and may substitute other requirements if the director considers it desirable for the purpose of promoting and securing road safety.
(4) The director may
(a) exempt from subsection (2) unconditionally, or on conditions the director considers desirable, persons, vehicles and equipment that the director identifies and specifies, and
(b) substitute other requirements if the director considers it desirable for the purpose of more effectively promoting and securing road safety.
[en. B.C. Reg. 304/2001; am. B.C. Regs. 135/2003, ss. 3 and 7; 447/2004, s. 6; 64/2005, s. 15.]
25.02 (1) The director may issue to each authorized person an identification card suitable for imprinting an inspection report as required by the director.
(2) The identification card is the property of the director and must be returned to the director on request.
(3) An identification card issued under this section expires 24 months after the date of issue unless the director specifies an earlier expiry date or an alternate expiry period.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.03 (1) The director may issue to each designated inspection facility an identification plate suitable for imprinting an inspection report as required by the director.
(2) The identification plate is the property of the director and must be returned to the director on request.
(3) An identification plate issued under this section expires 12 months after the date of issue unless the director specifies an earlier expiry date or an alternate expiry period.
[en. B.C. Reg. 304/200; am. B.C. Reg. 135/2003, s. 3.]
25.04 (1) An inspection report referred to in this Division must be imprinted with
(a) the valid identification card of the authorized person who conducted the inspection, and
(b) the valid inspection plate of the designated inspection facility where the inspection was conducted.
(2) A person, other than the authorized person to whom an identification card has been issued, must not use the identification card to imprint an inspection report.
(3) A person or facility, other than the designated inspection facility to whom an identification plate has been issued, must not use the identification plate to imprint an inspection report.
(4) A person or facility must not imprint an inspection report with an identification card or identification plate that has expired.
(5) The director may, for a specified period of time, exempt an authorized person or designated inspection facility from the requirement to use an identification card or identification plate, or both, and may substitute other requirements and conditions.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.05 (1) If an identification card is lost, stolen or damaged, the authorized person to whom the card was issued must inform the director within one business day.
(2) If an identification plate is lost, stolen or damaged, the operator of the designated inspection facility to whom the plate was issued must inform the director within one business day.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.06 (1) An authorized person must, within one business day after the expiry date stated on an identification card issued to the person, destroy the expired identification card.
(2) The operator of a designated inspection facility must, within one business day after the expiry date stated on an identification plate issued to the operator, destroy the expired identification plate.
[en. B.C. Reg. 304/2001.]
25.07 (1) Subject to this section, a person must not drive, operate or park a vehicle on a highway or cause or permit it to be so driven, operated or parked unless an unexpired inspection certificate issued for that vehicle, indicating that the vehicle complies with the standards, is conspicuously and securely affixed,
(a) in the case of a motor vehicle, to the outside lower left hand or lower right hand corner of the windshield or the outside of the fixed glazed surface to the right of the operator, and
(b) in the case of a trailer, on the outside of the left or right lower front corner of the trailer.
(2) Subsection (1) does not apply to a person driving or operating a vehicle which has been exempted by the director under these regulations.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.08 (1) Despite an inspection certificate being in force, the director or a peace officer may, on having reasonable and probable grounds to believe that a vehicle may not comply with the standards, notify the owner or operator of a vehicle to present it for inspection to a designated inspection facility within the period set out in the notification.
(2) The director or a peace officer may order the owner or operator of a vehicle, in respect of which no inspection certificate is in force, to surrender to either of them the vehicle licence or the number plates, or both, for that vehicle.
(3) The owner or operator must comply with a notification under subsection (1) and an order under subsection (2).
(4) After examining a vehicle presented to the designated inspection facility following a notification under subsection (1), an authorized person must revoke any unexpired certificate, issue an inspection report in the manner set out in section 25.13 and
(a) issue a new inspection certificate of approval under section 25.13 (2), or
(b) issue an interim inspection certificate under section 25.13 (3)
on being satisfied that the conditions for issuing those certificates have been met.
(5) A notification under subsection (1) may require the owner or operator to notify the director or peace officer of the result of the required inspection.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.09 (1) A person must not issue an inspection certificate for a vehicle unless
(a) he or she is an authorized person for that class of vehicle, and
(b) the vehicle has been inspected by him or her at a designated inspection facility for that class of vehicle.
(2) An authorized person must not issue an inspection certificate in respect of a vehicle which he or she owns or leases or which is owned or leased by a designated inspection facility at which he or she is employed unless it is a motor vehicle for sale by a person who is a motor dealer as defined in the Motor Dealer Act.
(3) A person must not issue a document, certificate or decal which purports to be an inspection certificate under this Part unless it is provided for issue by the director.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.10 (1) A person must not, for the purposes of registering or licensing a motor vehicle, present a signed inspection report certifying that the motor vehicle has passed an inspection if the report has been altered in any way.
(2) A person who has been delegated responsibility under section 117 of the Act to register or license a motor vehicle must not register or license a motor vehicle unless he or she has received a signed inspection report that certifies that the motor vehicle has passed inspection.
(3) A person who is not an authorized person must not sign an inspection report.
(4) A person must not alter an inspection report that has been signed by an authorized person.
[en. B.C. Reg. 304/2001.]
25.11 Every authorized person and designated inspection facility must notify the director within 10 days respecting a change in the following information:
(a) legal name of the authorized person or designated inspection facility and, if applicable, the name under which the authorized person or designated inspection facility is doing business;
(b) physical location of the designated inspection facility;
(c) mailing address for service on or delivery to authorized persons and the designated inspection facility;
(d) telephone contact numbers for authorized persons and the designated inspection facility;
(e) telephone number for the owner/operator of the designated inspection facility;
(f) name of the principals of the designated inspection facility.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.12 (1) The operator of a designated inspection facility must
(a) display in a conspicuous place that is clearly visible to customers entering the designated inspection facility
(i) the valid document of designation issued by the director for that facility, and
(ii) the certificates of qualification of authorized persons carrying out inspections at that facility,
(b) ensure that authorized persons are the only persons who inspect vehicles for the purposes of this Division,
(c) within 10 days from the date of an inspection report being completed, mail the first copy to the director,
(d) keep proper records of each inspection carried out at the facility for a period of not less than 18 months after an inspection,
(e) maintain safe custody and control of unissued inspection certificates, report in writing to the office of the director any loss, theft, disfigurement or destruction of unissued inspection certificates and generally comply with reasonable directions of the director respecting acknowledgment or delivery of certificates,
(f) ensure that
(i) the facility is equipped with proper tools, appliances, devices, manuals and documents, as required by the standards, to enable operators within the facility to manage it efficiently and authorized persons to ensure that vehicles comply with the standards,
(ii) each authorized person at the facility conducts his or her inspection in accordance with the standards and complies with section 25.13, and
(iii) the facility has available on the premises
(A) an up-to-date copy of the Inspection Standards (Safety and Repair) Regulation, and
(B) the most recent publicly available copy of Division 25 of the Motor Vehicle Act Regulations,
(g) at all times during business hours, on the request of a peace officer or person authorized in writing by the corporation, permit the peace officer or authorized person to enter the inspection facility for the purpose of examination of equipment necessary for inspection, records of inspection and unissued inspection certificates and to permit such persons to make copies of documents which are relevant to the functions performed under this Division,
(h) maintain a record of issued inspection certificates including
(i) the inspection certificate number, and
(ii) the vehicle registration number or the Vehicle Identification Number (VIN) of the vehicle to which the inspection certificate was issued, and
(i) allow a peace officer or person designated in writing by the director to inspect the record of inspection certificates referred to in paragraph (h).
(2) A violation by an operator of a designated inspection facility of any provision of subsection (1) is grounds for cancellation or suspension of that designation of the facility by the director either entirely or for inspection of a class of vehicle.
(3) Upon cancellation or suspension of a designation, the operator must return to the director all unissued inspection certificates and other documents given or supplied to him or her by or on behalf of the director for the purposes of this Part.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, ss. 3 and 8.]
25.13 (1) After every inspection, the authorized person who carried it out must
(a) complete and sign an inspection report in the form and manner required by the director and containing particulars established by the director,
(b) give one copy of the inspection report to the operator of the vehicle,
(c) provide the operator of the designated inspection facility with one copy of the inspection report to be forwarded to the director, and
(d) retain a copy of the inspection report for the record of the designated inspection facility.
(2) If the authorized person is satisfied that the vehicle meets the standards, he or she must place on the vehicle an inspection certificate of approval in the manner set out in section 25.07 (1).
(3) If the authorized person is not satisfied that the vehicle meets the standards, he or she may, on being satisfied that the vehicle would not present a hazard to other road users, place on the vehicle an interim inspection certificate and must indicate on the inspection report issued under subsection (1)
(a) the equipment or component of the vehicle which failed to meet the standards, and
(b) if the deficiency in standards affects the safety of passengers or security of load, that no passengers or load may be carried in or on the vehicle.
(4) A person must not drive, operate or park a vehicle in respect of which an inspection certificate is in force unless a copy of the inspection report issued under subsection (1) is carried in the vehicle.
(5) An authorized person may indicate on an inspection report issued under subsection (1) whether, in his or her opinion, the vehicle will continue to meet the standards until it is next inspected under this Division and, if not, may indicate on the report
(a) those standards by which, in his or her assessment, the vehicle may be deficient before it is next inspected under this Division, or
(b) the necessity, in his or her opinion, for repair or replacement of a part or parts of the vehicle for it to continue to meet the standards.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.14 (1) Unless otherwise specified in this Part, an inspection certificate of approval indicating that a vehicle complies with the standards expires on the last day of the sixth month following the issue of the certificate.
(2) Repealed. [B.C. Reg. 364/2004, s. (b).]
(3) An inspection certificate of approval expires on the last day of the twelfth month following the issue of the certificate for
(a) a bus licensed and insured as a farm vehicle,
(b) a farm vehicle having a licensed gross vehicle weight greater than 17 300 kg,
(c) a commercial trailer, except a commercial trailer used with a logging truck or equipped with a dump box,
(d) an emergency vehicle,
(e) an industrial machine or a road building machine having a body style described in Schedule 1 to this Division,
(f) a vehicle owned or leased by a driver training school,
(g) a commercial vehicle other than a bus, taxi or logging truck having a licensed gross vehicle weight of more than 8 200 kg, but equal to or less than 17 300 kg.
(h) Repealed. [B.C. Reg. 364/2004, s. (e).]
(4) An interim inspection certificate expires 14 days after the time of issue.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 364/2004.]
Part 2 — Maintenance and Records
25.15 In this Part standards has the same meaning as in Part 1.
[en. B.C. Reg. 304/2001.]
25.16 Subject to section 25.18 (3), this Part applies to all vehicles
(a) for which a licence or permit under the Motor Carrier Act or the Passenger Transportation Act is held,
(b) described in section 25.01 (2) (a) to (f) whether or not a licence or permit is held for them under the Motor Carrier Act or the Passenger Transportation Act, and
(c) that are commercial vehicles whether or not a licence or permit is held for them under the Motor Carrier Act or the Passenger Transportation Act,
but does not include a vehicle
(d) licensed under section 8, 9, 10 or 44 of the Act other than those described in Schedule 1 to this Division,
(e) which is a road building machine as defined in the Commercial Transport Act, other than those described in Schedule 1 to this Division,
(f) owned by the Queen in Right of Canada, or
(g) driven under a permit issued under Division 14.
[en. B.C. Reg. 304/2001; am. B.C. Regs. 447/2004, s. 7; 64/2005, s. 17.]
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.]
25.18 (1) Subject to subsection (2), the owner of every vehicle must, during the last 3 years of ownership and for a period of 6 months following disposal of it, maintain in safe keeping a record of
(a) each inspection made of the vehicle and of every component of it to which the standards apply, and
(b) every replacement and repair made to the vehicle and to each such component following each inspection.
(2) The owner of a vehicle who sells it may, with the consent of the purchaser, deliver the records of inspection, replacement and repair to the purchaser, and in that event the purchaser must retain those records as if he or she had owned the vehicle during the period covered by the records so delivered.
(3) This section does not apply to an owner of a vehicle
(a) licensed under section 38, 41 or 42 of the Act,
(b) driven under a permit issued under section 6 (7) of the Commercial Transport Act or to which section 6 (13) of that Act applies, or
(c) to which section 21 of the Act applies.
[en. B.C. Reg. 304/2001.]
Part 3 — Salvaged, Modified and Reconstructed Vehicles
25.19 In this Part authorized person, corporation, designated inspection facility and inspection certificate have the same meanings as in Part 1.
[en. B.C. Reg. 304/2001.]
25.20 This Part applies to a vehicle that was
(a) disposed of as salvage and subsequently rebuilt,
(b) altered by changes to its suspension height by more than 10 cm from the original basic specification of the vehicle manufacturer,
(c) altered so that its
(i) freight carrying capacity has been increased beyond the original gross vehicle weight rating of the vehicle, or by design changes other than those established by the manufacturer of the vehicle, or
(ii) seating capacity has been increased, or
(d) built after January 1, 1971 from new or used parts, other than a trailer with a licensed gross vehicle weight of 1 400 kg or less, and that does not display the statement of compliance under the Motor Vehicle Safety Act (Canada).
[en. B.C. Reg. 304/2001.]
25.21 A person must not drive, operate or park a vehicle on a highway until it has been presented to a designated inspection facility and an approved certificate of mechanical condition in a form set by the director has been issued in respect of the vehicle by an authorized person.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.22 (1) An authorized person must not issue a certificate under section 25.21 unless he or she is satisfied, and certifies on the certificate, that the vehicle complies with the Act and its regulations and is safe for use on the highway.
(2) The provisions of sections 25.02 to 25.06, 25.09, 25.12 and 25.13 apply to persons issuing inspection certificates, operators of a designated inspection facility and authorized persons.
[en. B.C. Reg. 304/2001.]
Part 4 — Inspection of Motor Vehicles Imported into British Columbia
25.23 In this Part "authorized person", "corporation", "designated inspection facility", "inspection report" and "standards" have the same meanings as in Part 1.
[en. B.C. Reg. 304/2001.]
25.24 (1) This Part applies to a motor vehicle that
(a) is registered, titled or licensed, or was previously registered, titled or licensed, at a place outside British Columbia,
(b) is presented to the corporation for registration, and
(c) has a net vehicle weight of not more than 3 500 kg,
but does not include a motor vehicle described in Schedule 2 to this Division.
(2) The director may exempt a class of persons or 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 promoting and securing road safety.
(3) The director may
(a) exempt from subsection (1) unconditionally, or on conditions the director considers desirable, persons, vehicles and equipment that the director identifies and specifies, and
(b) substitute other requirements if the director considers it desirable for the purpose of more effectively promoting and securing road safety.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.25 No application will be accepted by the corporation for the registration of a motor vehicle to which this Part applies until
(a) the motor vehicle has been presented to a designated inspection facility for a safety inspection to determine that
(i) the vehicle complies with the standards for motor vehicles, and
(ii) the frame or unibody of the motor vehicle has not been compromised,
(b) an inspection report, in a form and containing particulars established by the director, has been issued for the motor vehicle by an authorized person, and
(c) the motor vehicle described in the inspection report is certified as passed by the authorized person.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.26 (1) Every operator of a motor vehicle presented at a designated inspection facility for an inspection under this Part must, before the inspection begins, provide to the authorized person proof of ownership of the motor vehicle presented for inspection.
(2) If the Vehicle Identification Number (VIN) of the motor vehicle presented for inspection differs from the VIN of the motor vehicle described in the documentation provided under subsection (1), the inspection must not proceed.
[en. B.C. Reg. 304/2001.]
25.27 (1) An authorized person must not issue an inspection report under section 25.25 that certifies that a motor vehicle has passed inspection unless the authorized person is satisfied that the motor vehicle complies with the standards and is safe for operation on the highway.
(2) For the purposes of this Part, the provisions of sections 25.02 to 25.06, 25.09 and 25.12 apply to authorized persons, to persons who issue inspection reports and to operators of a designated inspection facility.
[en. B.C. Reg. 304/2001.]
25.28 After every inspection, the authorized person who performs the inspection must
(a) complete and sign an inspection report in the form and manner required by the director, and
(b) distribute the inspection report as follows:
(i) provide the original to the operator of the motor vehicle for presentation to the autoplan agent at the time of application for registration;
(ii) provide one copy to the operator of the motor vehicle to be kept with the motor vehicle;
(iii) provide one copy to the operator of the designated inspection facility, to be forwarded to the director by the operator;
(iv) retain one copy for the records of the designated inspection facility.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.29 (1) A person must not, for the purposes of registering or licensing a motor vehicle, present a signed inspection report certifying that the motor vehicle has passed an inspection if the report has been altered in any way.
(2) A person who has been delegated responsibility under section 117 of the Act to register or license a motor vehicle must not register or license a motor vehicle unless he or she has received a signed inspection report that certifies that the motor vehicle has passed inspection.
(3) A person who is not an authorized person must not sign an inspection report.
(4) A person must not alter an inspection report that has been signed by an authorized person.
[en. B.C. Reg. 304/2001.]
25.30 (1) If a peace officer has reasonable and probable grounds to believe that a vehicle is, by reason of mechanical, structural or other defect, unsafe for use on a highway, whether or not the vehicle meets the standards prescribed under the Act, he or she may order the owner or operator of the vehicle, either immediately or within such time as is specified in the order, to do one or both of the following:
(a) remove it from the highway and keep it so removed until either
(i) repairs as may be set out in the order of the peace officer have been implemented, or
(ii) the peace officer revokes the order;
(b) surrender the vehicle licence or number plates, or both, for that vehicle to the corporation or to the peace officer.
(2) If a peace officer has reasonable and probable grounds to believe that a motor vehicle is not operating under the provisions of an overload permit issued under the Commercial Transport Act and is unsafe for use on a highway because
(a) the motor vehicle is loaded in such manner that the gross weight carried by any of its axles exceeds the gross vehicle weight rating for that axle specified by the vehicle manufacturer, or
(b) the gross weight of the motor vehicle exceeds the gross vehicle weight rating for that vehicle specified by the vehicle manufacturer,
the peace officer may order the owner or operator of the vehicle to do one or both of the following things immediately, or within the time specified in the order:
(c) remove it from the highway until it meets the specifications of the manufacturer referred to in paragraphs (a) and (b);
(d) surrender the vehicle licence or number plates, or both, for that vehicle to the corporation or to the peace officer.
(3) Subsection (2) applies only to motor vehicles
(a) manufactured before January 1, 2001, and
(b) having a gross vehicle weight rating of 5 500 kg or less.
(4) An owner or operator must comply with an order made under subsection (1) or (2).
(5) An order under subsection (1) or (2) may require the owner or operator to notify the peace officer before the vehicle is operated on the highway that the repairs under subsection (1) have been carried out or the specifications under subsection (2) (c) have been met.
[en. B.C. Reg. 304/2001.]
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.]
[en. B.C. Reg. 304/2001]
1 The following motor vehicles described by body style licensed under section 10 of the Act or road building machines as defined in the Commercial Transport Act are included in this Division:
| Compressor | Conveyor | Crane | ||
| Derrick | Drill | Drill Rig | ||
| Seismograph | Pumper |
[en. B.C. Reg. 304/2001]
1 The following classes of motor vehicles are exempt from the requirement to be inspected and certified under Part 4 of Division 25:
(a) a motor cycle;
(b) an implement of husbandry;
(c) an all terrain vehicle as defined in the Motor Vehicle (All Terrain) Act;
(d) a vehicle with body style (code):
| Amphibious | (90) | Fork Lift | (KD) | |
| Golf Cart | (92) | Ice surfacer | (KT) | |
| Snow vehicle | (94) | Lifter | (KK) | |
| Snowmobile | (94) | Loader | (KE) | |
| Truckster | (TR) | Mower | (KF) | |
| Farm | (KS) | Tractor | (KJ) |
[ Table of Contents | Division 1-4 | Division 5 | Division 6 | Division 7-9 | Division 10-18 | Division 19-23 |
| Division 24-25 | Division 26-28 | Division 29 | Division 30-34 | Division 35-36 | Division 37-40 | Division 40A-42 | Division 43 | Division 44-46]
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