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MOTOR VEHICLE ACT REGULATIONS — Continued
B.C. Reg. 26/58
37.01 In this Division:
"adverse driving conditions" means
(a) snow, sleet, fog or other adverse weather conditions,
(b) a highway covered with snow or ice, or
(c) unusual adverse road and driving conditions,
which were not known to the driver or the person dispatching the driver before the driver began the driving time;
"applicant" means a person who applies for a safety certificate;
"carrier" means, in relation to a commercial motor vehicle,
(a) the owner of the commercial motor vehicle, including a person in possession of the commercial motor vehicle under a contract by which the person may become the owner of the commercial motor vehicle on full compliance with the contract,
(b) any other person having management of the commercial motor vehicle or determination of the uses to which it is put, and
(c) the lessee of the commercial motor vehicle if the lease for the commercial motor vehicle has a term of at least one month,
but a person is not a carrier merely because he or she is the driver of the commercial motor vehicle;
"commercial motor vehicle" means a motor vehicle, used in the course of business for the transportation of persons or freight, that is
(a) a truck or truck tractor with a licensed gross vehicle weight exceeding 5 000 kg and includes an attached trailer,
(b) a bus,
(c) a motor vehicle 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, or
(d) a business vehicle, as defined in section 237 of the Act, that has a gross vehicular weight in excess of 5 000 kilograms;
"daily log" means a record maintained for consecutive days pursuant to section 37.16;
"driver" means a person who drives a commercial motor vehicle;
"driving time" means the period of time that a driver is at the controls of a commercial motor vehicle when the engine of the motor vehicle is in operation;
"duty status" means, in respect of a driver,
(a) off duty time other than off duty time under paragraph (b),
(b) off duty time spent in a sleeper berth,
(c) driving time, or
(d) on duty time other than driving time;
"home terminal" means, in relation to a driver, the place of business of a carrier where the driver normally reports for work;
"off duty time" means any period other than on duty time;
"on duty" with respect to a driver and "on duty time" means the period from the time a driver begins to work or is required by the carrier to be in readiness to work until the time he stops work or is relieved of his job responsibilities by the carrier, and includes driving time and the time spent by the driver
(a) inspecting, servicing, repairing, conditioning or starting a commercial motor vehicle,
(b) travelling as one of 2 drivers where the driver is not resting in the sleeper berth,
(c) participating in the loading or unloading of a commercial motor vehicle,
(d) inspecting or checking the load of a commercial motor vehicle,
(e) waiting for his commercial motor vehicle or load to be checked at a customs office, at a weighing check point or by a peace officer,
(f) if the driver has not had 8 consecutive hours of off duty time immediately before beginning driving time, travelling as a passenger at the request of the carrier by whom the driver is employed or otherwise engaged to a destination where the driver will commence driving time,
(g) waiting along the route because of an accident or other unanticipated event,
(h) performing any other work in the capacity or employ of a carrier, and
(i) waiting, at the request of the carrier by whom the driver is employed or otherwise engaged, for the commercial motor vehicle to be serviced, loaded or unloaded;
"safety certificate" means a certificate issued under section 37.04 or a certificate issued under the law of any jurisdiction, in or outside Canada, where the law relating to the requirements is substantially the same as in this regulation;
"sleeper berth" means sleeping accommodation provided in a commercial vehicle and designed, constructed and maintained in such a manner that the accommodation is in accordance with good industrial practice;
"supporting documents" includes bills of lading, shipping documents and fuel and accommodation receipts for expenses incurred along the route;
"trip inspection report" means a record kept pursuant to section 37.23.
[en. B.C. Reg. 456/90; am. B.C. Regs. 414/99, s. 8; 380/2004; 64/2005, s. 18.]
37.02 (1) Subject to subsection (2), no carrier shall permit a driver to drive for the carrier, and no driver shall drive a commercial motor vehicle, unless the carrier holds a valid safety certificate issued by the director.
(2) No safety certificate is required under subsection (1) to drive
(a) a vehicle not required to display a number plate issued under the Motor Vehicle Act or the Commercial Transport Act, or
(b) a road building machine as defined in the Commercial Transport Act, a farm tractor or implement of husbandry.
(3) The director may exempt persons or commercial motor vehicles from subsection (1) unconditionally or on conditions the director considers desirable and may substitute other requirements if the director considers it desirable for the purpose of more effectively promoting and securing road safety.
(4) A person shall not represent, in any way, that a commercial motor vehicle is operated pursuant to a safety certificate other than the one issued to the carrier.
(5) A carrier shall maintain evidence of a valid safety certificate in all commercial motor vehicles for which the carrier is required to hold a safety certificate and shall make the evidence available for inspection on demand by a peace officer.
(6) Where a commercial motor vehicle is not required to display a number plate issued under the Motor Vehicle Act or the Commercial Transport Act, the carrier does not require a safety certificate to operate that vehicle unless the director, for the purpose of promoting and securing road safety, restricts the use of the motor vehicle to use in conjunction with a safety certificate held by the carrier.
[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, ss. 2 and 24; 135/2003, ss. 1 and 3.]
37.03 (1) A person wishing to obtain a safety certificate from the director must first provide to the director
(a) an application for the safety certificate in the form established by the director,
(b) a non-refundable application fee in the amount prescribed under the Motor Vehicle Fees Regulation, B.C. Reg. 334/91, unless, within 6 months after the date on which the safety certificate is issued, the person pays the fee that is payable under the Motor Carrier Regulation No. 2, B.C. Reg. 252/94, for an application for a licence under the Motor Carrier Act, in which event no fee is payable under this paragraph,
(c) a transcript of the driving record of each driver employed or otherwise engaged by the person within British Columbia, issued by the responsible agency in the jurisdiction in which the driver received his or her driver's licence, and dated not later than the driver's date of employment,
(d) a safety plan demonstrating the establishment of and the ability to maintain practices and procedures necessary to ensure that the person complies with the Act and this regulation,
(e) for each of the commercial motor vehicles for which the person is required to hold a safety certificate,
(i) records of vehicle inspection and maintenance required under Division 25,
(ii) records of all notices of defects received from the vehicle's manufacturer and evidence satisfactory to the director that those defects have been corrected, and
(iii) records of all accidents in which the vehicle was involved that resulted in
(A) the injury or death of a human being, or
(B) total damage to all property, including cargo, of $1 000 or more, based on actual costs or a reliable estimate, and
(f) such other information as the director may request relating to the road safety history of the person and the person's vehicles and drivers.
(2) The director may refuse to issue a safety certificate
(a) to a corporation where a director or officer of the corporation has held a safety certificate that was suspended or cancelled for cause,
(b) to an individual where the individual has been an officer or director of a corporation and the corporation held a safety certificate that was suspended or cancelled for cause, or
(c) to a person whose application materials, in the opinion of the director, do not demonstrate a satisfactory road history for any of the following:
(i) the person making the application;
(ii) one or more of that person's vehicles;
(iii) if that person is a corporation, one or more of the directors or officers of that person;
(iv) one or more of the drivers employed or otherwise engaged by that person within British Columbia.
(2.1) If the director gives notice under section 118.96 (2) of the Act in respect of a person and the person applies under section 118.97 of the Act, the director may, pending the show cause hearing and any reconsideration, defer issuing a safety certificate
(a) to a corporation, if the person in respect of whom the notice is given is a director or officer of the corporation, or
(b) to an individual, if the individual has been an officer or director of a corporation and the corporation is the person in respect of whom the notice is given.
(3) A person shall hold no more than one valid and subsisting safety certificate.
[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, ss. 2, 3; 48/99, s. (a); 77/99, s. 1; 89/2001, s. 1; 135/2003, ss. 1, 3, 9 and 10.]
37.04 (1) The director shall issue a safety certificate to an applicant if, in the director's opinion,
(a) the applicant or, where the applicant is a corporation, a director or officer of the corporation,
(i) has knowledge of motor vehicle safety rules and regulations as they apply in British Columbia, including this regulation, and
(ii) where the applicant is or intends to be transporting dangerous goods, has knowledge of the Transport of Dangerous Goods Act and the Transportation of Dangerous Goods Act (Canada) and the regulations made under both those Acts,
(b) the applicant has a satisfactory history of commercial motor vehicle safety,
(c) the applicant has provided satisfactory evidence that his commercial motor vehicles are in safe mechanical condition,
(c.1) the applicant has provided satisfactory evidence as to the establishment of and the ability to maintain practices and procedures necessary to ensure that the applicant complies with the Act and this regulation, and
(d) the applicant has met the requirements of this regulation.
(2) If the director refuses to issue a safety certificate, the director must deliver written reasons to the applicant.
(3) If the holder of a safety certificate claims, in writing, that the certificate has been lost, destroyed or wrongfully taken, the director must issue to that holder a new certificate in place of the original if the holder pays to the director the replacement certificate fee in the amount prescribed under the Motor Vehicle Fees Regulation, B.C. Reg. 334/91.
[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, ss. 2, 25; 48/99, s. (b); 77/99, s. 2; 135/2003, ss. 1, 3 and 11.]
37.05 (1) The director is authorized and empowered to issue safety certificates with or without conditions.
(2) The holder of a safety certificate which is subject to a condition under subsection (1) shall comply with the condition.
[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, s. 2; 135/2003, s. 1.]
37.06 A holder of a safety certificate shall notify the director of any change in the holder's name or address within 10 days after the change.
[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, s. 2; 135/2003, s. 1.]
37.061 To reflect the application of matters referred to in this Division for a carrier, the director may assign one of the following safety ratings to the carrier:
(a) satisfactory unaudited;
(b) satisfactory;
(c) conditional;
(d) unsatisfactory.
[en. B.C. Reg. 89/2001, s. 2; am. B.C. Reg. 135/2003, s. 1.]
37.07 (1) The director may monitor the safety records of carriers and of drivers, including the following:
(a) warnings and notices given to carriers by the director, police officers and other officials who have duties respecting road safety;
(b) warnings and notices given to drivers by the director, the superintendent, police officers and other officials who have duties respecting road safety;
(c) accidents reported under section 67 of the Act.
(2) The director may compile information and profiles of carriers with respect to
(a) accidents reported under section 67 of the Act,
(b) their compliance with the requirements of the Act and this regulation and with other enactments of British Columbia or any other jurisdiction, respecting commercial motor vehicles and road safety, and
(c) records described in section 37.03 (1) (e) (iii) and 37.29 (1) (c) (iii).
(3) The director may share information and profiles of carriers compiled under subsection (2) with
(a) the government of Canada
(b) the government of a province, or
(c) an agency of (a) or (b) that is responsible for the administration or enforcement of the National Safety Code in that jurisdiction.
[en. B.C. Reg. 413/97, App. 1, s. 26; am. B.C. Regs. 89/2001, s. 3; 135/2003, ss. 1 and 3.]
37.071 A carrier who holds a safety certificate must ensure that whenever a business vehicle in respect of which that safety certificate is held is being operated on a highway, the name of the carrier who holds the safety certificate for the vehicle is displayed on both sides of the vehicle
(a) in one or both of letters and figures at least 5 cm high, and
(b) in a manner that makes that name clearly visible to the public.
[en. B.C. Reg. 414/99, s. 9.]
37.072 If a commercial motor vehicle is operated under a carrier's safety certificate,
(a) the carrier must, promptly after the commercial motor vehicle begins to operate under the authority of that safety certificate, provide written notice, signed by the carrier, to the owner of the commercial motor vehicle of the carrier's safety certificate number,
(b) the owner must, at the time of licensing or renewing the licence for the commercial motor vehicle, provide written notice, signed by the owner, of that safety certificate number to the Insurance Corporation of British Columbia, and
(c) if the owner changes carriers after providing the information required under paragraph (b), the owner must, promptly after that change, provide written notice, signed by the owner, of the new carrier's safety certificate number to the Insurance Corporation of British Columbia.
[en. B.C. Reg. 414/99, s. 9.]
37.08 to 37.10 Repealed. [B.C. Reg. 135/2003, s. 12.]
37.11 This Part does not apply to a driver who is driving
(a) a 2 or 3 axle commercial motor vehicle that is being used for the transportation of primary products of a farm, forest, sea, or lake where the driver or his employer is the producer of the products,
(b) a commercial motor vehicle where the director has exempted, unconditionally or on conditions the director considers desirable, the driver of that vehicle or class of vehicle from compliance with this Part on the grounds that compliance is impracticable,
(c) an emergency vehicle,
(d) a commercial motor vehicle transporting passengers or goods for the purpose of providing relief in the case of an earthquake, flood, fire, famine, drought, epidemic, pestilence or other disaster,
(e) a road building machine as defined in the Commercial Transport Act, a farm tractor or an implement of husbandry, or
(f) a commercial motor vehicle that is equipped with a mounted mobile service rig, or equipment that is directly used in the operation or the transportation of a mounted mobile service rig.
[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, s. 3; 135/2003, ss. 1 and 3.]
37.12 (1) Subject to subsections (2) and (3), a carrier shall not permit a driver to drive, and no driver shall drive, unless
(a) the driver has had at least 8 consecutive hours off duty immediately before the initial on duty time in the day, or
(b) where the director has made an order under subsection (4), the carrier and the driver are in compliance with the order.
(2) Where a driver is driving a vehicle that is equipped with a sleeper berth, the driver may take the time off duty referred to in subsection (1) in 2 separate periods provided that
(a) neither of the periods is less than 2 hours,
(b) the aggregate of the hours of driving time immediately preceding and immediately following those rest periods does not exceed 13 hours, and
(c) the driver is in the sleeper berth during the off duty time.
(3) Subject to subsection (4), the number of hours of off duty time that a driver is required to have immediately before beginning work may be reduced to not less than 4 consecutive hours once in any period of 7 consecutive days if
(a) the total number of hours off duty before the driver next begins work is at least 8 hours plus the hours by which the driver's hours of off duty time were reduced, and
(b) the driver's immediately preceding on duty time did not exceed 15 hours.
(4) If the director, as a result of information required to be kept under this regulation, is of the opinion that a reduction in the number of hours off duty permitted by subsection (3) is jeopardizing or is likely to jeopardize road safety, the director may restrict or prohibit the use of a commercial motor vehicle by the driver unless
(a) subsection (1) is complied with, or
(b) the driver has, immediately before beginning driving time, the number of hours of off duty time that the director specifies.
(5) A driver who is restricted or prohibited under subsection (4) shall comply with the restriction or prohibition.
[en. B.C. Reg. 456/90; am. B.C. Regs. 198/92; 413/97, App. 1, ss. 2, 28; 135/2003, ss. 1 and 3.]
37.13 (1) Subject to subsections (3) to (5) and section 37.14, a carrier shall not permit a driver to drive, and a driver shall not drive, after the first to occur of
(a) 13 hours of driving, or
(b) 15 hours of on duty time,
unless the driver takes at least 8 consecutive hours of off duty time before driving again.
(2) Subject to subsections (3) to (5) and section 37.14, a carrier shall not permit a driver to drive, and a driver shall not drive, except in compliance with one of the schedules in the following paragraphs:
(a) the driver completes a schedule of no more than 60 hours of on duty time during any 7 consecutive days;
(b) the driver completes a schedule of no more than 70 hours of on duty time during any 8 consecutive days;
(c) the driver completes a schedule of no more than 120 hours of on duty time during any 14 consecutive days where the driver has at least 24 consecutive hours of off duty time before completing 75 hours of on duty time.
(3) A driver may exceed the on duty period under subsection (1) by not more than 2 hours in the case of adverse driving conditions provided that the trip could be completed in compliance with subsection (1) in normal driving conditions.
(4) A driver may, in an emergency, exceed the time limits under subsection (1) in order to complete a trip or to reach a destination that provides safety for the commercial vehicle occupants or for other users of the road or security for the commercial motor vehicle and its load.
(5) Where a driver is using a commercial motor vehicle for the transportation of logs or poles, or a commercial motor vehicle used exclusively in the transportation of specialized equipment or materials, other than natural gas or oil, directly to or from the site of a natural gas well or oil well,
(a) the driver shall not drive after 15 hours of driving time unless the driver first has at least 8 consecutive hours of off duty time, and
(b) the carrier and the driver are exempt from subsection (2) if
(i) the driver drives the commercial motor vehicle within a radius of 400 kilometres of the home terminal,
(ii) the driver's on duty time is not more than 15 hours, and
(iii) the driver returns to the home terminal to begin off duty time.
[en. B.C. Reg. 456/90.]
37.14 (1) On receipt of an application requesting that any of the provisions for driving time or hours on duty specified in section 37.13 be increased, the director may
(a) issue a permit exempting from section 37.13, for a period of not more than one year, unconditionally or on conditions the director considers desirable, persons, vehicles and equipment that the director specifies, and
(b) if the director considers it desirable for the purpose of more effectively promoting and securing road safety, substitute other requirements for the requirements of section 37.13.
(2) A person shall not contravene a condition or a requirement referred to in subsection (1).
[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, s. 29; 135/2003, ss. 1 and 3.]
37.15 (1) A peace officer who believes, on reasonable and probable grounds, that a driver is in contravention of section 37.13 may order a driver to immediately cease driving for whatever period is necessary for the driver to comply with section 37.13.
(2) No carrier shall permit a driver who has been ordered to comply with section 37.13 under subsection (1) to drive a commercial motor vehicle until the requirements of section 37.13 are met.
(3) No driver who has been ordered to comply with section 37.13 by a peace officer shall drive a commercial motor vehicle until section 37.13 is complied with.
[en. B.C. Reg. 456/90.]
37.16 (1) Subject to section 37.17, a carrier shall require that, for each day during which a commercial motor vehicle is driven, a daily log is maintained in accordance with this section by every driver employed or otherwise engaged by the carrier to drive the vehicle.
(2) Subject to section 37.17, every driver shall, for each day during which a commercial motor vehicle is driven, maintain a daily log in accordance with this section.
(3) The period covered by a daily log shall be a 24 hour period beginning at a time designated by the carrier using the time standard that is in effect at the driver's home terminal, but if the carrier does not designate a time, it shall begin at the start of the calendar day during which the commercial motor vehicle is driven.
(4) The driver shall legibly enter the following information in the daily log:
(a) the date on which the day referred to in subsection (1) begins;
(b) the printed name of the driver of the commercial motor vehicle;
(c) the odometer reading of the commercial motor vehicle driven by the driver at the beginning of the day;
(d) the total distance driven by the driver during the day;
(e) the commercial motor vehicle licence-plate or unit number;
(f) the name of every carrier with whom the driver worked or with whom the driver was otherwise engaged during the day;
(g) the printed name of the co-driver;
(h) the start of the period covered by the log, where it is other than the beginning of the day;
(i) the home terminal address or principal place of business of each carrier for whom the driver worked or was otherwise engaged during the day;
(j) the total hours spent in each period of duty status.
(5) A driver who maintains a daily log shall
(a) enter the information required by subsection (4), other than that required by paragraphs (d) and (j), in the daily log when the driver begins on duty time,
(b) certify the accuracy of the information entered in the daily log under subsection (2) by signing the daily log, and
(c) complete the graph grid, set out in Schedule 1 to this section, that forms part of the daily log, in accordance with the following procedures:
(i) draw a continuous line between the appropriate time markers on the graph grid to record each period of the driver's duty status;
(ii) record the name of the municipality or location on a highway and the name of the province or state where a change in duty status occurs, and record the aggregate of all on duty time in that municipality or location, other than driving time, as a continuous line;
(iii) enter the total hours of each period of the driver's duty status to the right of the graph grid, ensuring that the total equals 24 hours.
(6) Every driver who has been issued supporting documents, en route, shall retain the supporting documents to substantiate the information set out in the daily log.
(7) A driver may use an automatic recording device for recording all periods of a driver's duty status where
(a) the driver can provide, on the request of a peace officer under section 37.18 (2), the information required by subsection (3) by producing that information on a digital display screen of the automatic recording device or in handwritten or machine printed daily logs, or a combination of them, for the day of the request and the previous 7, 8 or 14 consecutive days, as the case may be, depending on whether the driver is on a 7, 8 or 14 day schedule under section 37.13 (2),
(b) the device is capable of displaying
(i) the driving time and on duty time for each day during which the device is used,
(ii) the total on duty time remaining in the 7, 8 or 14 consecutive day period, as the case may be, or the total on duty time accumulated for the 7, 8 or 14 consecutive day period, and
(iii) the sequential changes in duty status and the time when the change occurred for each day during which the device is used,
(c) the driver is capable of preparing a handwritten daily log from the information stored in the device for each day during which the device is used,
(d) the device automatically records when, and indicates that, the device has been disconnected,
(e) the device automatically records the times when the vehicle is moving,
(f) all hard copies of daily logs that are generated from the information that is stored in the automatic recording device are signed by the driver certifying the daily logs are accurate, and
(g) the carrier provides daily log forms in the commercial vehicle for the driver's use.
[en. B.C. Reg. 456/90; am. B.C. Reg. 282/92, ss. 1, 2.]
[en. B.C. Reg. 282/92, s. 3.]
37.17 (1) Section 37.16 does not apply to a driver
(a) where the driver drives a two axle commercial motor vehicle with a licensed gross vehicle weight not exceeding 14 600 kg, excluding a bus, school bus, special activity bus or special vehicle, or
(b) where
(i) the driver does not drive a commercial motor vehicle in the day beyond the radius of 160 kilometres of the driver's home terminal,
(ii) within 15 hours from the time the driver reported to work, the driver returns to the home terminal and then goes off duty, and
(iii) the carrier that employs or otherwise engages the driver maintains and retains, for a period of 6 months, accurate time records showing the driver's on duty times.
(2) The director may exempt, unconditionally or on conditions the director considers desirable, the driver of a vehicle or class of vehicle from section 37.16 if the director is of the opinion that compliance is impracticable.
[en. B.C. Reg. 456/90; am. B.C. Regs. 16/92, s. (a); 413/97, App. 1, s. 30; 135/2003, ss. 1 and 3.]
37.18 (1) Where a driver is required to maintain a daily log, no carrier shall permit a driver to drive, and no driver shall drive, a commercial motor vehicle unless the driver has in his possession
(a) the driver's current daily log, completed to the time at which the last change in duty status occurred, and
(b) where the driving time of a driver is based on a 7, 8 or 14 day period, copies of the driver's daily log for the previous 7, 8 or 14 day period, as the case may be.
(2) Every driver shall, on the request of a peace officer, produce to the peace officer for inspection the daily log and supporting documents and, where the vehicle has an automatic recording device, the information stored by the device for the day of the request and the previous 7, 8 or 14 consecutive day period, as the case may be, where the driving time of a driver is based on either a 7, 8 or 14 day period.
[en. B.C. Reg. 456/90.]
37.19 A driver shall maintain only one daily log for each day.
[en. B.C. Reg. 456/90.]
37.20 (1) A driver shall, within 20 days after completing a daily log, forward the original daily log and supporting documents to the home terminal of the carrier by whom the driver was employed or otherwise engaged.
(2) Where a driver is employed or otherwise engaged by more than one carrier in a day, the driver shall, within 20 days after completing a daily log, forward the original daily log and supporting documents to the home terminal of the first carrier by whom the driver was employed or otherwise engaged and a duplicate copy of the daily log and supporting documents to the home terminal of each other carrier by whom the driver was employed or otherwise engaged.
[en. B.C. Reg. 456/90.]
37.21 (1) A carrier shall keep all daily logs and supporting documents referred to in section 37.16 for at least 6 months from the date the document was prepared and shall, during that period, make them available for inspection at the request of a peace officer.
(2) A carrier shall, within 30 days after receiving the daily logs and supporting documents referred to in section 37.16, place the daily logs at the location where the carrier retains its records relating to its drivers or at another location approved in writing by the director.
[en. B.C. Reg. 456/90; am. B.C. Regs. 16/92, s. (b); 413/97, App. 1, s. 2; 135/2003, s. 1.]
37.22 (1) No carrier shall permit a driver to drive, and no driver shall drive, a commercial motor vehicle unless the requirements of this section are met.
(2) The driver or a person specified by the carrier shall satisfy himself or herself that the commercial motor vehicle is in a safe operating condition including, but not limited to, the operating condition of the following items:
(a) service brakes, including trailer brake connections and brake adjustments;
(b) parking brake;
(c) steering mechanism;
(d) lighting devices and reflectors;
(e) tires;
(f) horn;
(g) windshield wipers;
(h) rear vision mirrors;
(i) coupling devices;
(j) wheels and rims;
(k) emergency equipment;
(l) load securement devices.
(3) The inspection referred to in subsection (2) shall be performed daily before the first trip of the day.
(4) If a trip lasts more than one day, the inspection required by subsection (2) shall be carried out on the second and every subsequent day of the trip no later than the first rest stop of the day.
(5) If a commercial motor vehicle's first trip of the day is to provide relief from an earthquake, flood, fire, famine, drought, epidemic, pestilence or other disaster by transporting passengers or goods, the inspection required by subsection (2) shall be carried out before the commercial motor vehicle's first trip that is not for that purpose.
(6) The driver or the person specified under subsection (2) shall,
(a) at the end of the final trip of the day, or
(b) where a trip lasts more than one day, on every subsequent day of the trip at the final rest stop of the day,
inspect the commercial motor vehicle and record in the trip inspection report defects observed as a result of this inspection or while in charge of the commercial motor vehicle.
[en. B.C. Reg. 456/90.]
37.23 (1) This section applies to a commercial motor vehicle to which Part 1 of Division 25 of this regulation applies under section 25.01 (2), but does not apply to
(a) commercial motor vehicles rented for a single trip,
(b) an emergency vehicle,
(c) a 2 axle vehicle with a licensed gross vehicle weight not exceeding 14 600 kg, excluding a bus, school bus, special activity bus or special vehicle, or
(d) a taxi where the carrier requires the driver of the taxi to immediately notify the carrier of defects found in the inspections under section 37.22 and defects that come to the driver's attention while operating the taxi.
(2) A carrier shall require every driver employed or otherwise engaged by the carrier or a person specified by the carrier to prepare the trip inspection report in accordance with this section.
(3) The driver or the person specified by the carrier under subsection (2) shall prepare, for each commercial motor vehicle driven, the trip inspection report in accordance with this section in legible writing before driving the commercial motor vehicle for the first time in a day.
(4) The trip inspection report shall
(a) state the licence plate or unit numbers for the commercial motor vehicle,
(b) specify any defect in the operation of each item listed in section 37.22 (2),
(b.1) specify any defect in the operation of the commercial motor vehicle if that defect, not otherwise described under paragraph (b), may affect the safe operation of the commercial motor vehicle,
(c) state that no defect was discovered or came to the attention of the driver, should that be the case,
(d) state the date the report is made, and
(e) contain the signature of the driver or other person making the report.
(5) No carrier shall permit a driver to drive, and no driver shall drive, a commercial motor vehicle unless the driver has the current trip inspection report in his possession.
(6) A driver shall, on the request of a peace officer, produce to the peace officer for inspection the current trip inspection report.
(7) The director may exempt a class of persons or vehicles from this section unconditionally or on conditions the director considers desirable and may substitute other requirements if the director considers it desirable for the purpose of more effectively promoting and securing road safety.
[en. B.C. Reg. 456/90; am. B.C. Regs. 20/92; 413/97, App. 1, s. 31; 135/2003, ss. 1 and 3.]
37.24 Where 2 or more drivers are employed or otherwise engaged to drive a commercial motor vehicle, only one driver is required, under section 37.23 (4) (e), to sign the trip inspection report, provided all drivers agree as to the defects to be reported, but where there is a disagreement over the defects to be reported, all drivers shall sign and indicate the nature of the disagreement.
[en. B.C. Reg. 456/90.]
37.25 A driver who prepares a trip inspection report shall deliver the original report to the carrier responsible for the commercial motor vehicle referred to in the trip inspection report, or to its agent, within 20 days after completing the trip inspection report.
[en. B.C. Reg. 456/90.]
37.26 A carrier shall not permit a driver to drive, and a driver shall not drive, a commercial motor vehicle unless, before doing so, the carrier or the carrier's agent has
(a) repaired or corrected items listed on the trip inspection report which may affect the safe operation of the commercial motor vehicle and certified on the trip inspection report that the defect has been corrected, or
(b) certified on the trip inspection report that correction is unnecessary.
[en. B.C. Reg. 456/90.]
37.27 (1) A carrier shall keep the original of each trip inspection report for at least 3 months from the date the document was prepared and shall, during that period, make the document available for inspection by a peace officer.
(2) A carrier shall, within 30 days after receiving the trip inspection report, place them at the location where the carrier retains its records relating to its drivers or at another location approved in writing by the director.
[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, s. 2; 135/2003, s. 1.]
37.28 This Part does not apply to a driver of, or the operation of, a farm tractor, an implement of husbandry or a road building machine as defined in the Commercial Transport Act.
[en. B.C. Reg. 456/90.]
37.29 (1) Subject to subsection (2), the carrier shall maintain at its principal place of business in the Province or at another place approved by the director
(a) a transcript of the driving record of each driver employed or otherwise engaged by that carrier within the Province, issued by the responsible agency in the jurisdiction in which the driver received his driver's licence, and dated the later of
(i) the driver's date of employment, and
(ii) one year from the date of the previous transcript,
(b) copies of records that are required of the carrier by the laws of any jurisdiction respecting the use of commercial motor vehicles by each driver employed or otherwise engaged by that carrier, including but not limited to
(i) records required under Parts 3 and 4 of this Division, and
(ii) records of the notification of the carrier of accidents, violations and convictions relative to each driver while in the employ of or engaged by that carrier,
(c) for each of the carrier's commercial motor vehicles for which the carrier is required to hold a safety certificate,
(i) records of vehicle inspection and maintenance required under Division 25,
(ii) records of all notices of defects received from vehicle manufacturers and evidence satisfactory to the director that those defects have been corrected,
(iii) records of all accidents in which the vehicle was involved that resulted in
(A) the injury or death of a human being, or
(B) total damage to all property, including cargo, of $1 000 or more, based on actual costs or a reliable estimate, and
(d) any safety plan and any scheduled vehicle maintenance plan applicable to the carrier.
(2) The driver shall deliver the records referred to in subsection (1) (b) (ii) to the carrier by whom the driver was employed or otherwise engaged within 15 days of the accident, violation or conviction referred to in that subsection.
(3) The director may exempt a carrier from subsection (1) unconditionally or on conditions the director considers desirable and may substitute other requirements if the director considers it desirable for the purpose of more effectively securing and promoting road safety.
[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, s. 32; 77/99, s. 3; 89/2001, s. 4; 135/2003, ss. 1 and 3.]
37.30 With the exception of records kept under Parts 3 and 4 of this Division and Division 25, a carrier shall maintain the records required to be maintained under section 37.29 and shall keep the records readily accessible for inspection and audit purposes for the calendar year in which they were made and the following 4 calendar years.
[en. B.C. Reg. 456/90.]
37.31 The director may appoint an inspector for the purpose of inspecting and auditing records referred to in section 212 (4) (c) and (f) of the Act.
[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, s. 2; 77/99, s. 4; 135/2003, s. 1.]
37.32 (1) An inspector may, during business hours, enter the place where records are kept under section 37.29 and conduct a compliance review for the purpose of determining whether a carrier meets the requirements of sections 37.29 and 37.30.
(2) No person shall obstruct an inspector conducting a compliance review under this section.
[en. B.C. Reg. 456/90.]
37.33 (1) An inspector may, during normal business hours, enter the place where records are kept under section 37.29 and conduct an audit for the purpose of determining whether a carrier meets the requirements of this Division.
(2) No person shall obstruct an inspector conducting an audit under this section.
[en. B.C. Reg. 456/90; am. B.C. Reg. 89/2001, s. 5.]
37.331 Without limiting sections 37.32 and 37.33, if an inspector asks a carrier to deliver, for the purposes of a compliance review or an audit, some or all of the records kept by the carrier under section 37.29, the carrier must deliver the requested records to the director's office specified by the inspector at the time and date specified and in the form approved for that purpose by the director.
[en. B.C. Reg. 77/99, s. 5; am. B.C. Regs. 89/2001, s. 6; 135/2003, s. 1.]
37.34 The director may authorize a carrier to conduct verification audits of its operation, in whole or in part, upon being satisfied that the carrier has in place the systems and procedures necessary to assess its compliance with some or all aspects of this Division, and upon application being made by the carrier in a form approved by the director.
[en. B.C. Reg. 456/90; am. B.C. Regs. 413/97, App. 1, s. 3; 135/2003, ss. 1 and 3.]
37.35 A carrier shall not authorize or permit the operation of a commercial motor vehicle on a highway unless the vehicle complies with all the requirements of the Act and this regulation.
[en. B.C. Reg. 456/90.]
37.36 (1) A person shall not alter, deface or destroy a record required to be maintained under this regulation.
(2) A person shall not
(a) make, participate in, assent to or acquiesce in the making of a false or deceptive statement in a record made or required by or under this regulation, or
(b) omit, assent to or acquiesce in the omission of an entry in a record made or required by or under this regulation.
[en. B.C. Reg. 456/90.]
37.37 (1) A person commits an offence who contravenes sections 37.02 (1), (4) or (5), 37.03 (3), 37.05 (2), 37.06, 37.12 (1) or (5), 37.13 (1), (2) or (5), 37.14 (2), 37.15 (2) or (3), 37.16 (1), (2), (3), (4), (5) or (6), 37.18 (1) or (2), 37.19, 37.20 (1) or (2), 37.21 (1) or (2), 37.22 (1), (2) or (6), 37.23 (2), (3), (5) or (6), 37.24, 37.25, 37.26, 37.27 (1) or (2), 37.29 (1) or (2), 37.30, 37.32 (2), 37.33 (2), 37.35 or 37.36 (1) or (2).
(2) A person who commits an offence is liable, on conviction, to a fine of not more than $2 000 or to imprisonment for not more than 6 months, or to both.
[en. B.C. Reg. 456/90; am. B.C. Reg. 135/2003, s. 13.]
37.38 (1) Repealed. [B.C. Reg. 135/2003, s. 14 (a).]
(2) A carrier whose safety certificate has been
(a) suspended under section 118.95 of the Act, or
(b) cancelled under section 118.96 of the Act
must not operate a commercial motor vehicle while the safety certificate is suspended or cancelled.
(3) A carrier who contravenes subsection (2) commits an offence.
[en. B.C. Reg. 414/99, s. 9; am. B.C. Reg. 135/2003, s. 14.]
37.39 (1) Subject to this Part, if freight is accepted for shipment by or on behalf of a carrier who operates a business vehicle within the meaning of section 237 (a) or (c) of the Act, the carrier must, at the time of that acceptance, issue or cause to be issued a bill of lading in accordance with the following requirements:
(a) a bill of lading issued under this subsection must show the following:
(i) the name and address of the consignor (shipper);
(ii) the date of the shipment;
(iii) the originating point of the shipment;
(iv) the name of the originating carrier;
(v) the names of connecting carriers, if any;
(vi) the name and address of the consignee (receiver of goods);
(vii) the destination of the shipment (if different from the address of the consignee);
(viii) particulars of the goods in the shipment, including weight and description;
(b) a bill of lading issued under this subsection must also contain the following:
(i) a provision stipulating whether the goods are received in apparent good order and condition, or otherwise;
(ii) a space to show the declared value of the shipment;
(iii) a space to indicate whether transportation charges are prepaid or collect;
(iv) a space in which to note any special agreement between the consignor and the carrier;
(v) a statement in conspicuous form to indicate (if such is the case) that the carrier's liability is limited by a term or condition of the carrier's applicable schedule of rates or by any other agreement with the consignor;
(vi) a statement of notice of claim as provided for by Article 12 of the Specified Conditions of Carriage set out in paragraph (c);
(c) a bill of lading issued under this subsection must be signed by the consignor or the consignor's agent and the originating carrier or that carrier's agent and must contain or incorporate by reference all the following conditions of carriage:
Specified Conditions of Carriage
Article 1: The carrier of the goods described in this bill of lading is liable for any loss or damage to the goods accepted by the carrier or the carrier's agent except as provided in these Articles.
Article 2: In the case of a shipment handled by 2 or more carriers, the carrier issuing the bill of lading (the "originating carrier"), and the carrier who assumes responsibility for delivery to the consignee (the "delivering carrier"), in addition to any other liability under these Articles, are, if the goods being transported are lost or damaged while they are in the custody of any other carrier to whom these goods are or have been delivered, jointly and severally liable with that other carrier for that loss or damage.
Article 3: The originating carrier or the delivering carrier, as the case may be, is entitled to recover from any other carrier to whom the goods are or have been delivered the amount of the loss or damage that the originating carrier or delivering carrier, as the case may be, may be required to pay under these Articles resulting from loss or damage to the goods while they were in the custody of such other carrier.
Article 4: Nothing in Article 2 or 3 deprives a consignor or a consignee of any remedy or right of action that the consignor or consignee may have against any carrier.
Article 5: The carrier is not liable for
(a) loss, damage or delay to any of the goods described in this bill of lading because of an Act of God, the Queen's or public enemies, riots, strikes or a defect or inherent vice in the goods being transported, or
(b) loss or damage resulting from the act or default of the consignor, the owner of the goods or the consignee, the authority of law, quarantine or differences in weights of grain, seed or other commodities caused by natural shrinkage.
Article 6: The carrier is not bound to transport the goods referred to in this bill of lading by any particular vehicle or in time for any particular market or otherwise than with due dispatch unless by agreement specifically endorsed on this bill of lading and signed by the parties to it.
Article 7: In case of physical necessity, the carrier has the right to forward the said goods by any conveyance or route between the point of shipment and the point of destination, but the liability of the carrier remains the same as though the entire carriage were by highway.
Article 8: If goods are stopped and held in transit at the request of a party entitled to make such request, the goods are held at the risk of that party.
Article 9: Subject to Article 10, the amount of any loss or damage for which the carrier is liable, whether or not such loss or damage results from negligence, is to be computed on the basis of the value of the goods at the place and time of shipment (including the freight and other charges if paid and the duty if paid or payable and not refundable) unless a lower value has been represented in writing by the consignor or has been agreed on between the parties to this bill of lading, or is determined by the classification or tariff on which the rate is based, in any of which events such lower value is the amount that governs the computation of the maximum liability of the carrier.
Article 10: The amount of any loss or damage computed under Article 9 must not exceed $2 per pound ($4.41 per kilogram), computed on the total weight of the shipment, unless a higher value is declared on the face of the bill of lading by the consignor.
Article 11: If it is agreed between the parties that goods are to be carried at the risk of the consignor, that agreement covers only those risks that are necessarily incidental to transportation and does not relieve the carrier from liability for any loss or damage or delay that may result from any negligent act or omission of the carrier or the carrier's agents or employees, and the burden of proving freedom from that negligence or omission is on the carrier.
Article 12a: The carrier is not liable for loss, damage or delay to any of the goods transported under this bill of lading unless notice of the loss, damage or delay, setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage or delay, is given in writing to the originating carrier (or the delivering carrier) within 60 days after the delivery of the goods, or, in the case of failure to make delivery, within 9 months after the date of shipment of the goods.
Article 12b: The final statement of the claim must be filed within 9 months after the date of shipment, together with a copy of the paid freight bill.
Article 13: A carrier is not bound to carry any documents, specie or any articles of extraordinary value unless by special agreement to do so. If such goods are carried without a special agreement and the nature of the goods is not disclosed in this bill of lading, the carrier is not liable for any loss or damage in excess of the maximum liability stipulated in Article 10 of these Conditions of Carriage.
Article 14a: If required by the carrier, the freight and all other lawful charges accruing on the goods must be paid before delivery, and if on inspection it is ascertained that the goods shipped are not those described in this bill of lading, the freight charges must be paid on the goods actually shipped, with any additional charges lawfully payable on those goods.
Article 14b: Should the consignor fail to indicate on this bill of lading that a shipment is to be transported prepaid, or should the consignor fail to indicate the basis on which the shipment is to be transported, the carrier is entitled to transport the shipment on a freight collect basis.
Article 15: Every person, whether as principal or agent, shipping explosives or dangerous goods without previous full disclosure to the carrier or its agent of the nature of such goods is liable for all loss or damage caused by those explosives or dangerous goods and such goods may be warehoused at the consignor's risk and expense.
Article 16: If, through no fault of the carrier, goods cannot be delivered, the carrier after having given notice to the consignor and the consignee that delivery has not been made, and after requesting disposal instructions, may, pending receipt of such disposal instructions, store the goods in the warehouse of the carrier subject to a reasonable charge for storage, or, after notifying the consignor of the carrier's intention, may cause the goods to be removed to and stored in a public or licensed warehouse at the expense of the consignor without liability on the part of the carrier, and subject to a lien for all freight and other lawful charges, including a reasonable charge for storage.
Article 17: If notice has been given by the carrier under Article 16 and no disposal instructions have been received within 10 days after the date of that notice, the carrier may return to the consignor at the consignor's expense all undelivered shipments with respect to which the notice has been given.
Article 18: Subject to Article 19, any alteration, addition or erasure in the bill of lading must be signed or initialed by the consignor or the consignor's agent and the originating carrier or that carrier's agent, and unless so acknowledged is without effect, and this bill of lading is enforceable according to its original tenor.
Article 19: It is the responsibility of the consignor to show correct shipping weights of the shipment on the bill of lading if completed by the consignor. Despite Article 18, failure to do this makes the bill of lading subject to correction in this respect by the carrier.
(2) Subject to this Part, if household goods are accepted for shipment by or on behalf of a carrier who operates a business vehicle within the meaning of section 237 (a) or (c) of the Act, the carrier must, at the time of that acceptance, issue or cause to be issued a bill of lading in accordance with the following requirements:
(a) a bill of lading issued under this subsection must show the following:
(i) the name and address of the consignor (shipper);
(ii) the date of the shipment;
(iii) the originating point of the shipment;
(iv) in a conspicuous place, the name of the original contracting carrier and the carrier's telephone number;
(v) the name of connecting carriers, if any;
(vi) in a conspicuous place, the name of the destination agent, if different from the original contracting carrier, and that agent's telephone number;
(vii) the name, address and telephone number of the consignee (receiver of goods);
(viii) the destination of the shipment;
(ix) an inventory of the goods comprising the shipment, which inventory must be attached to, and become part of, the bill of lading;
(b) a bill of lading issued under this subsection must also contain the following:
(i) a provision stipulating whether the goods are received in apparent good order and condition, except as noted on the inventory;
(ii) despite subparagraph (i), a statement in conspicuous form indicating that the signature of the consignee for receipt of goods does not preclude a future claim for loss or damage made within the time limit set out in the bill of lading;
(iii) a space to show the declared value of the shipment;
(iv) a space or spaces to show the actual amount of freight and all other charges to be collected by the carrier;
(v) a statement to indicate that the uniform conditions of carriage apply;
(vi) a space or spaces to note any special services or agreements between the contracting parties;
(vii) a space to indicate date or time period agreed on for delivery;
(viii) a statement in conspicuous form to indicate that the carrier's liability is limited by a term or condition of carriage;
(ix) a space for the signature of the consignor;
(c) a bill of lading issued under this subsection must be signed in full by the consignor, or the consignor's agent, and the original contracting carrier, or the carrier's agent, and must contain or incorporate by reference all the following conditions of carriage:
Specified Conditions of Carriage Household Goods
Article 1: The carrier of the goods that are described in this bill of lading is liable for any loss of or damage to goods accepted by the carrier or the carrier's agent, except as provided in this bill of lading.
Article 2: If a shipment is accepted for carriage by more than one carrier, the original contracting carrier and the carrier who assumes responsibility for delivery to the consignee (the "delivering carrier"), in addition to any other liability under this bill of lading, are, if the goods are lost or damaged while they are in the custody of any other carrier to whom the goods are or have been delivered, jointly and severally liable with that other carrier for that loss or damage.
Article 3: The original contracting carrier or the delivering carrier, as the case may be, is entitled to recover from any other carrier to whom the goods are or have been delivered the amount of loss or damage that the original contracting carrier or delivering carrier, as the case may be, may be required to pay under this bill of lading resulting from any loss of or damage to the goods while they were in the custody of such other carrier.
Article 4: Nothing in Article 2 or 3 deprives a consignor or a consignee of any rights the consignor may have against any carrier.
Article 5: The carrier is not liable for the following:
(a) loss, damage or delay to any of the goods described in this bill of lading caused by an Act of God, the Queen's or public enemies, riots, strikes, a defect or inherent vice in the goods, the act or default of the consignor, owner or consignee, authority of law or quarantine;
(b) unless caused by the negligence of the carrier or the carrier's agent or employee:
(i) damage to fragile articles that are not packed and unpacked by the contracting carrier or by that carrier's agent or employee(s);
(ii) damage to the mechanical, electronic or other operations of radios, phonographs, clocks, appliances, musical instruments and other equipment, irrespective of who packed or unpacked such articles, unless servicing and preparation was performed by the contracting carrier or by that carrier's agent or employee(s);
(iii) deterioration of or damage to perishable food, plants or pets;
(iv) loss of contents of consignor packed articles, unless the containers used are opened for the carrier's inspection and articles are listed on this bill of lading and receipted for by the carrier;
(c) damage to or loss of a complete set or unit when only part of such set is damaged or lost, in which event the carrier is only liable for repair or recovering of the lost or damaged piece or pieces;
(d) damage to the goods at place or places of pick-up at which the consignor or the consignor's agent is not in attendance;
(e) damage to the goods at place or places of delivery at which the consignee or the consignee's agent is not in attendance and cannot give receipt for goods delivered.
For the purpose of paragraph (b), the burden of proving absence of negligence is on the carrier.
Article 6: (a) At the time of acceptance of the contract, the original contracting carrier must provide the consignor with a date or time period within which delivery is to be made. Failure by the carrier to effect delivery within the time specified on the face of the bill of lading renders the carrier liable for reasonable food and lodging expenses incurred by the consignee.
(b) Failure by the consignee to accept delivery when tendered within the time specified on the bill of lading renders the consignee liable for reasonable storage in transit, handling and redelivery charges incurred by the carrier.
Article 7: If, because of physical necessity, the carrier forwards the goods by a conveyance that is not a licensed for hire vehicle, the liability of the carrier is the same as though the entire carriage were by licensed for hire vehicle.
Article 8: If goods are stopped or held in transit at the request of the party entitled to so request, the goods are held at the risk of that party.
Article 9: Subject to Article 10, the amount of any loss or damage for which the carrier is liable, whether or not the loss or damage results from negligence of the carrier or the carrier's employees or agents, is to be computed on the basis of the value of the lost or damaged article(s) at the time and place of shipment.
Article 10: (a) The amount of any loss or damage computed under Article 9 must not exceed the greater of
(i) the value declared by the shipper, or
(ii) $4.41 per kilogram computed on the total weight of the shipment,
provided that if the consignor, in writing, releases the shipment to a value of $1.32 per kilogram per article or less the amount of any loss or damage computed under Article 9 must not exceed such lower amount.
(b) If paragraph (a) (i) or (ii) applies, additional charges to cover the additional coverage over $1.32 per kilogram per article must be paid by the consignor.
Article 11: If it is agreed that the goods are carried at the risk of the consignor of the goods, that agreement covers only those risks that are necessarily incidental to transportation and the agreement does not relieve the carrier from liability for any loss or damage or delay that may result from any negligent act or omission of the carrier or the carrier's agents or employees, and the burden of providing absence of negligence is on the carrier.
Article 12: (a) A carrier is not liable for loss, damage or delay to any goods carried under this bill of lading unless notice of the loss, damage or delay setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage or delay is given in writing to the original contracting carrier or the delivering carrier within 60 days after delivery of the goods, or, in the case of failure to make delivery, within 9 months after the date of shipment.
(b) The final statement of the claim must be filed within 9 months after the date of shipment.
(c) Either the original contracting carrier or the delivering carrier, as the case may be, must acknowledge receipt of claim within 30 days after receipt of the claim.
Article 13: A carrier is not bound to carry any documents, specie or any articles of extraordinary value unless by a special agreement to do so. If such goods are carried without a special agreement and the nature of the goods is not disclosed on the face of this bill of lading, the carrier is not liable for any loss or damage.
Article 14: (a) If required by the carrier, the freight and all other lawful charges accruing on the goods must be paid before delivery, provided that, if the total actual charges exceed by more than 10% the total estimated charges, the consignee must be allowed 15 days after the day on which the goods are delivered (excluding Saturdays, Sundays and holidays) to pay the amount by which the total actual charges exceed 110% of the total estimated charges.
(b) The 15 days extension provided in paragraph (a) does not apply if the carrier notified the consignor of the total actual charges immediately after the goods are loaded, or if the carrier receives a waiver of the extension provision signed by the consignor.
Article 15: Every person, whether as principal or agent, shipping explosives or dangerous goods without previous full disclosure to the carrier as required by law, must indemnify the carrier against all loss, damage or delay caused by those explosives or dangerous goods, and such goods may be warehoused at the consignor's risk and expense.
Article 16: (a) If, through no fault of the carrier, the goods cannot be delivered, the carrier must immediately give notice to the consignor and consignee that delivery has not been made, and must request disposal instructions.
(b) Pending receipt of such disposal instructions,
(i) the goods may be stored in the warehouse of the carrier, subject to a reasonable charge for storage, or
(ii) provided that the carrier has notified the consignor of the carrier's intention, the goods may be removed to, and stored in, a public or licensed warehouse, at the expense of the consignor, without liability on the part of the carrier, and subject to a lien for all freight and other lawful charges, including a reasonable charge for storage.
Article 17: Subject to Article 18, any additional limitation on the carrier's liability on the bill of lading, and any alteration or addition or erasure on the bill of lading, must be signed or initialed by the consignor or the consignor's agent and the original contracting carrier or that carrier's agent and unless so acknowledged is without effect.
Article 18: It is the responsibility of the original contracting carrier or that carrier's agent to show the correct tare, gross and net weights on this bill of lading by use of a certified public scale, and attach the weigh scale ticket to his copy of this bill of lading. If certified public scales are not available at origin or at any point within a radius of 16 kilometres of that point, a constructive weight based on 112 kilograms per cubic metre of properly loaded van space must be used.
[en. B.C. Reg. 414/99, s. 10.]
37.40 (1) Each bill of lading must be issued in triplicate or more.
(2) The copies of a bill of lading issued in accordance with subsection (1) must be distributed as follows:
(a) one copy must be delivered to the shipper;
(b) one copy must be retained by the carrier for the purposes of section 37.42 (1) and after that must be retained at the carrier's principal place of business in British Columbia or at another place approved by the director for a period of at least 3 years during which time the carrier must make it available for inspection by the director or by a peace officer;
(c) one copy must be delivered to the shipper on demand.
[en. B.C. Reg. 414/99, s. 10; am. B.C. Reg. 135/2003, ss. 1 and 15.]
37.41 Each bill of lading must be signed by both the shipper and the carrier as being a correct itemized list of goods in the shipment and as an acceptance of all terms and conditions contained in the bill of lading.
[en. B.C. Reg. 414/99, s. 10.]
37.42 (1) A carrier referred to in section 37.39 (1) must ensure that every driver involved in the carriage of freight in respect of which a bill of lading has been issued or a letter of exemption has been provided carries a copy of that bill of lading or of a letter of exemption provided under section 37.45 (b), as the case may be, at all times while transporting that freight.
(2) If requested to do so by the director or by a peace officer, a carrier must produce, at the time of the request, the bill of lading or the letter of exemption, as the case may be, to the person making the request.
(3) If requested to do so by any of the persons who may make a request under subsection (2), a carrier who carries and produces a letter of exemption in response to the request made under subsection (2) must deliver the bill of lading to the directors office specified by the person making the request under this subsection at the time and date specified.
[en. B.C. Reg. 414/99, s. 10; am. B.C. Reg. 135/2003, ss. 1 and 16.]
37.43 (1) Subject to subsection (2), a carrier need not issue a bill of lading in respect of the transportation of one or more of the following commodities:
(a) Her Majesty's mail;
(b) milk (raw or pasteurized), cream (fresh), containers on regular milk routes from farms to creamery or market or return of empty containers from creamery or market;
(c) petroleum products in bulk or bituminous construction materials in bulk;
(d) logs, poles, piles, ties, shingle bolts, mine props and fence posts;
(e) fuel wood or sawdust;
(f) coal or ore in bulk;
(g) earth, rock, gravel or sand in bulk;
(h) grain in bulk from farms to elevators and warehouses;
(i) hay, unbaled, or vegetables and fruit in bulk;
(j) fertilizer or animal manure in bulk.
(2) A carrier who does not issue a bill of lading in respect of the transportation of commodities referred to in subsection (1) (b) to (j) must
(a) keep a daily record, with respect to each licensed vehicle, of the freight transported in that vehicle, showing
(i) the names of the shipper and the consignee,
(ii) a description and quantity of the freight,
(iii) the distance transported,
(iv) the number of hours worked,
(v) the rate and total amount charged for the transportation, and
(vi) the number of trips, and
(b) retain that record in the carrier's principal place of business in British Columbia or at another place approved by the director for a period of at least 3 years and, during that time, make that record available for inspection by the director.
[en. B.C. Reg. 414/99, s. 10; am. B.C. Reg. 135/2003, ss. 1 and 15.]
37.44 (1) The freight covered by a bill of lading must be in possession or control of the carrier at the time the bill of lading is issued.
(2) A bill of lading must cover only goods received from one shipper, picked up at one place and consigned to one consignee at one destination and delivered to one place.
[en. B.C. Reg. 414/99, s. 10.]
37.45 Despite sections 37.39 to 37.44, a carrier who accepts freight for shipment need not issue or cause to have issued a bill of lading in paper form if,
(a) in the ordinary course of the carrier's business, the carrier uses electronic bills of lading, and
(b) the director has, on application of the carrier, provided to the carrier a letter exempting the carrier from the obligation to issue a bill of lading in paper form.
[en. B.C. Reg. 414/99, s. 10; am. B.C. Reg. 135/2003, s. 1.]
37.46 (1) Shipments in excess of 4 600 kilograms gross weight, or that are greater than the capacity of the available licensed equipment of the carrier, may be accepted on one bill of lading, if the entire shipment is in possession or control of the carrier.
(2) Subject to subsection (3), in the case of a shipment referred to in subsection (1), at least 4 600 kilograms must be transported on the vehicle that takes the first load.
(3) If, in the case of a shipment referred to in subsection (1), 4 600 kilograms is in excess of the licensed carrying capacity of the vehicle carrying the shipment,
(a) the vehicle must be loaded only to full carrying capacity,
(b) the remainder of the shipment must be moved on a vehicle licensed in the name of the carrier who is moving the first portion of the shipment,
(c) the shipment must not be divided into more than 2 parts,
(d) the revenue billing must
(i) cover the entire shipment, and
(ii) show the weight, the rate assessed and the freight charges, and
(e) a separate waybill must be issued and in possession of the driver of the vehicle carrying the second part of the shipment and must make reference to the revenue billing and give the weight and description of the second load.
[en. B.C. Reg. 414/99, s. 10.]
37.47 (1) Every carrier must, with respect to the operation of business vehicles as defined in section 237 (a) of the Act, keep or cause to be kept a complete daily record of all freight transported for compensation in or on every business vehicle as defined in section 237 (a) of the Act operated by the carrier.
(2) The record kept under subsection (1) must
(a) contain the following particulars with respect to the freight:
(i) the name of shipper and consignee;
(ii) a description and quantity of freight;
(iii) the distance transported, the number of trips and the rate and total amount charged for the transportation, and
(b) be retained at the carrier's principal place of business in British Columbia or at another place approved by the director for a period of at least 3 years during which time the carrier must make it available for inspection by the director.
(3) Despite subsections (1) and (2), a carrier may, and if so required by the consignor must, issue a bill of lading in the manner provided by section 37.39 in respect of any shipment of freight accepted by or on behalf of the carrier.
(4) The filing and retention by the carrier of a copy of a bill of lading referred to in subsection (3) relieves the carrier of the necessity of keeping any other record with respect to the shipment in respect of which the bill of lading was issued.
[en. B.C. Reg. 414/99, s. 10; am. B.C. Reg. 135/2003, ss. 1 and 15.]
37.48 (1) A carrier who operates a business vehicle within the meaning of paragraph (a) or (c) of the definition of "business vehicle" in section 237 of the Act must
(a) secure and maintain in force cargo insurance satisfactory to the director, and
(b) if requested to do so by the director or a peace officer, produce proof of that insurance to the person making the request at the time and date specified.
(2) Subsection (1) does not apply in relation to a business vehicle licensed and operated exclusively for the transportation of one or more of the following commodities:
(a) water and snow;
(b) milk and cream (raw or pasteurized) in bulk or in containers (and empty containers) transported between farms and dairies;
(c) petroleum products in bulk or bituminous construction materials in bulk;
(d) logs, poles, piles, ties, shingle bolts, mine props, rough sawn lumber and fence posts;
(e) fuel wood, sawdust, hog fuel, pulp chips and Christmas trees;
(f) coal, ore and ore concentrates in bulk;
(g) earth, rock, gravel and sand in bulk and unset cement mix;
(h) grain in bulk and grain screenings;
(i) hay (baled or unbaled), fresh or dried fruits and vegetables, turf and peat;
(j) fertilizers, animal manure or refuse;
(k) stumps and debris from demolished buildings.
[en. B.C. Reg. 414/99, s. 10; am. B.C. Reg. 135/2003, ss. 1 and 17.]
Division 38 — Disabled Persons' Parking Permits
38.01 In this Division:
"applicant" means a person who applies for a disabled parking permit under this Division;
"disabled person" means a person whose mobility is limited as a result of a permanent or temporary disability that makes it impossible or difficult to walk;
"disabled zone" means a parking zone identified by the disabled parking sign as set out in Schedule 2 of Division 23 of these regulations;
"permit" means a disabled persons' parking permit issued under this Division.
[en. B.C. Reg. 472/90.]
38.02 (1) A permit issued in the form established by the Insurance Corporation of British Columbia is valid throughout the Province.
(2) A permit may be issued on behalf of the Province by a municipality or an organization a municipality designates for the purposes of this section.
(3) Application for a permit must be made by or on behalf of a disabled person to a municipality or organization referred to in subsection (2).
(4) On being satisfied that the person to which the permit would apply is a disabled person, the municipality or organization referred to in subsection (2) may
(a) issue a permit or temporary permit for the disabled person, or
(b) issue a substitute permit for a permit that is lost, stolen or mutilated or that has become illegible.
[en. B.C. Reg. 472/90; am. B.C. Reg. 317/96, s. 1.]
38.03 The person to whom a permit is issued shall, while a vehicle is parked in a disabled zone, display the permit in or on the vehicle the person is operating or in which the person is a passenger
(a) by suspending it from the rearview mirror inside the vehicle so that it is in plain view of any person looking through the windshield of the vehicle from the sidewalk or roadside, or
(b) by placing it on the dashboard in front of the driver's position.
[en. B.C. Reg. 472/90.]
38.04 A motor vehicle with an out of Province licence and bearing valid identification issued by its resident jurisdiction to identify it as a vehicle driven by or transporting a disabled person is, for the purpose of this Division, deemed to be bearing a permit.
[en. B.C. Reg. 472/90.]
38.05 On being satisfied that
(a) a permit holder has contravened a provision of this Division,
(b) an applicant made a false statement in an application,
(c) a permit has been used in contravention of this Division,
(d) a permit is lost, stolen, mutilated, defaced, altered or has become illegible, or
(e) a vehicle is used in violation of a provision of this Division
the Insurance Corporation of British Columbia or the municipality or organization that issued the permit may cancel the permit.
[en. B.C. Reg. 472/90; am. B.C. Reg. 317/96, s. 1.]
38.06 Where a permit is lost, stolen, mutilated, defaced, altered or has become illegible, the person to whom the permit was issued shall immediately notify the municipality or group that issued the permit of the loss, theft, mutilation, defacement, alteration or illegibility.
[en. B.C. Reg. 472/90.]
38.07 Permits issued on behalf of municipalities, that are unexpired on January 1, 1991, shall be recognized and considered to be valid permits under this Division until they expire or, where no expiry date is given, until January 1, 1994.
[en. B.C. Reg. 472/90.]
38.08 A person commits an offence who
(a) makes a false statement in an application,
(b) stops, leaves standing or parks in a disabled zone a vehicle displaying a permit unless the vehicle is stopped, left standing or parked for the purpose of transporting a disabled person,
(c) mutilates, defaces or alters a permit,
(d) stops, leaves standing or parks in a disabled zone a vehicle that does not display
(i) a permit issued under this Division, or
(ii) a permit of similar nature issued by another jurisdiction, or
(e) lends or transfers a permit to another person, whether or not that person is disabled.
[en. B.C. Reg. 472/90.]
39.01 Subject to section 9 of the Passenger Transportation Regulation, B.C. Reg. 266/2004, a person on or in a vehicle being driven or operated on or across a highway shall, while the vehicle is in motion, remain seated on a seat that has been securely installed in the passenger compartment of the vehicle.
[en. B.C. Reg. 217/91; am. B.C. Regs. 212/97; 64/2005, s. 19.]
39.02 Subject to section 9 of the Passenger Transportation Regulation, B.C. Reg. 266/2004, no person shall drive or operate a vehicle on or across a highway if there is a person on or in the vehicle who is not seated on a seat referred to in section 39.01.
[en. B.C. Reg. 217/91; am. B.C. Regs. 212/97; 64/2005, s. 20.]
39.03 For the purposes of this section only, "vehicle" does not include
(a) mobile equipment as defined in section 26 of the Industrial Health and Safety Regulation, B.C. Reg. 585/77, or
(b) a conveyance referred to in section 28 of that regulation that complies with and is being used in accordance with that regulation.
[en. B.C. Reg. 217/91.]
39.04 A child to whom Division 36 applies who is restrained in the manner required by that Division is deemed to be seated in the manner required by sections 39.01 and 39.02.
[en. B.C. Reg. 217/91.]
Division 40 — Motor Vehicle Emission
Inspection
and Maintenance
40.01 (1) In this Division:
"AirCare inspection report" means a report issued by an inspection centre that identifies the motor vehicle inspected, indicates the results of the emission inspection, and assigns a pass, conditional pass or fail to the vehicle;
"AirCare repair centre" means a place that employs one or more AirCare repair technicians and is recognized by the Insurance Corporation of British Columbia as certified to perform emission control system repairs and adjustments;
"AirCare repair technician" means a person who is recognized by the Insurance Corporation of British Columbia as
(a) certified by fuel type to perform emission control system repairs and adjustments to a motor vehicle for the purpose of this Division, and
(b) authorized to complete, certify and imprint the repair data portion of a repair/diagnostic information form;
"air contaminant" means hydrocarbons, carbon monoxide, oxides of nitrogen, particulate matter or other components to be tested under this Division;
"certification plate" means a plate issued by the Insurance Corporation of British Columbia to an AirCare repair centre and used to imprint a repair/diagnostic information form;
"conditional pass" means a pass granted to a motor vehicle that has emission control system repairs and adjustments made by an AirCare repair technician and, on reinspection, complies with the requirements of section 40.08 (2);
"emission control device" means a device incorporated on a motor vehicle that permits, prevents or lessens the emission of air contaminants into the atmosphere;
"emission inspection" means an inspection and test of a motor vehicle for the purpose of certification of motor vehicle compliance under section 50 of the Act, and includes a reinspection of the motor vehicle;
"emission control system repairs and adjustments" means the repair or replacement of defective or missing emission control system parts, components or devices, and includes the adjustment of adjustable parts, components or devices which relate to or have a cause and effect on evaporative tailpipe emissions of air contaminants;
"engine" means the engine of a motor vehicle and includes the exhaust emission system;
"exhaust emission standard" means the exhaust emission standards as prescribed in the Exhaust Emission Standards Regulation;
"inspection centre" means a place operated by a contractor under a contract with the government or the Insurance Corporation of British Columbia to provide the emission inspection required by this Division;
"inspector" means a person employed by an inspection centre to perform an emission inspection;
"repair cost limit" means the cost of emission control system repairs and adjustments that qualify a motor vehicle for a conditional pass;
"repair data" means repair information, entered on the reverse side of a repair/diagnostic information form, that has been completed and imprinted by an AirCare repair technician;
"repair/diagnostic information form" means information issued by an inspection centre that reports repair information associated with failure codes from a motor vehicle's on-board computer and accompanies the AirCare inspection report of a failed vehicle;
"tamper" means
(a) to remove, destroy, disconnect or modify an emission control device or component, or
(b) to replace an emission control device or component with an emission control device or component that is not approved by the Insurance Corporation of British Columbia
but does not include
(c) the removal of a thermatic air cleaner and replacement with an air cleaner of another type if a vehicle is fuelled by
(i) gasoline and propane or gasoline and natural gas, or
(ii) propane only or natural gas only, or
(d) the removal of a gasoline cap or an evaporative system, or both, if a vehicle is fuelled by propane only or natural gas only;
"technician card" means an embossed card issued by the superintendent to an AirCare repair technician and used to imprint a repair/diagnostic information form;
"transient driving cycle emission inspection" means an emission inspection that includes sampling of the motor vehicle emissions while the motor is operating according to the test parameters for acceleration, deceleration, cruise and idle.
(2) In this Division "exhaust emissions", "exhaust emission system", and "model year" have the same meaning as in section 29.01.
(3) In this Division "replicar", "replikit", "specialty vehicle" and "ubilt" have the same meaning as in section 113 of B.C. Reg. 447/83, the Revised Regulation (1984) Under the Insurance (Motor Vehicle) Act.
[en. B.C. Reg. 335/92; am. B.C. Regs. 317/96, ss. 1, 11; 271/2000, s. 5; 401/2000, s. 1.]
40.02 This Division applies to every motor vehicle registered in British Columbia that is not in a class of motor vehicles or an area of British Columbia exempt by regulation of the Lieutenant Governor in Council under section 50 (2) of the Act.
[en. B.C. Reg. 335/92; am. B.C. Reg. 317/96, s. 12.]
40.03 (1) The Insurance Corporation of British Columbia may issue to each AirCare repair centre a certification plate suitable for imprinting the repair data portion of the repair/diagnostic information form.
(2) The certification plate issued under subsection (1) is the property of the Insurance Corporation of British Columbia and must be returned to the corporation.
(3) The Insurance Corporation of British Columbia may issue to each AirCare repair technician
(a) a certificate identifying his or her classification by motor vehicle fuel type, and
(b) a wallet sized technician card.
(4) The technician card issued under subsection (3) is the property of the Insurance Corporation of British Columbia and must be returned to the corporation.
(5) The Insurance Corporation of British Columbia may, for cause, suspend or cancel the certification of an AirCare repair centre or an AirCare repair technician.
[en. B.C. Reg. 335/92; am. B.C. Reg. 317/96, s. 13.]
40.04 (1) Subject to section 50 (2) of the Act, before an application is made for a motor vehicle licence renewal, an inspection centre must first certify that the vehicle
(a) has passed the emission inspection, or
(b) has been granted a conditional pass of the emission inspection.
(2) A pass granted to a model year 1991 or older motor vehicle expires 363 days after the day on which the vehicle is certified as pass.
(3) A pass granted to a model year 1992 or newer motor vehicle as a result of a transient driving cycle emission inspection expires 363 days after the day on which the vehicle is certified as pass.
(4) On expiry of certification under subsection (3), the vehicle is again certified as pass, and this pass expires 363 days after the day that the pass expires under subsection (3), but the vehicle must not be certified as pass again until it undergoes another emission inspection.
(5) A pass granted to a model year 1992 or newer motor vehicle that could not be tested by a transient driving cycle emission inspection due to the configuration of the vehicle expires 363 days after the day on which the vehicle is certified as pass.
(6) A conditional pass granted to a motor vehicle expires 90 days after the day on which the vehicle is certified as conditional pass.
[en. B.C. Reg. 335/92; am. B.C. Regs. 130/95; 317/96, s. 14; 401/2000, s. 2.]
40.05 (1) Every owner of a motor vehicle presented to an inspection centre for an emission inspection must
(a) produce the vehicle registration documents, which registration must accurately identify the vehicle to the satisfaction of an inspector,
(b) submit the vehicle to a visual inspection to determine if the vehicle can safely proceed to the test for exhaust emissions,
(c) submit the vehicle to an inspection of emission control devices to determine if
(i) the vehicle is equipped with emission control devices of the same standard to which it was manufactured,
(ii) there is evidence of tampering with any emission control device, and
(iii) the emission control devices are operative, and
(d) pay the fee for emission inspection prescribed in B.C. Reg. 334/91, the Motor Vehicle Fees Regulation.
(2) Subject to the approval of the Greater Vancouver Transportation Authority, subsection (1) (c) (ii) and (iii) does not apply in respect of an emission control device
(a) that is no longer manufactured, or
(b) for which repair parts, including original equipment, after market and used parts, are no longer available.
(3) If the vehicle registration documents do not accompany a motor vehicle presented for emission inspection or do not properly describe the motor vehicle which is presented for emission inspection, the defect respecting the vehicle registration must be corrected before the vehicle can be inspected as required by this Division.
(4) If a motor vehicle is determined under subsection (1) (b) to be unsafe for a test for exhaust emissions, an emission inspection will not be performed.
(5) Repealed. [B.C. Reg. 401/2000, s. 3.]
(5.1) If a motor vehicle is incapable of operating at the required emission test conditions for the required test duration then the test will not be performed or the test will be discontinued.
(6) A motor vehicle that complies with subsection (1) must submit to tests for exhaust emissions to determine if the vehicle is within the exhaust emission standards for a vehicle of that class, weight, model year and fuel type.
(7) The owner of a motor vehicle that does not pass the inspection of emission control devices required by subsection (1) (c) or the tests required by subsection (6) must be issued with
(a) an AirCare inspection report that states the vehicle has failed the emission inspection and gives the reasons for the failure, and
(b) a repair/diagnostic information form.
(8) The owner of a motor vehicle that passes or conditionally passes the emission inspection must be issued with an AirCare inspection report that states the vehicle has passed or conditionally passed the emission inspection.
(9) Repealed. [B.C. Reg. 401/2000, s. 3.]
(10) If the Greater Vancouver Transportation Authority has determined that a motor vehicle is in a class of vehicle that is determined to be of interest for program evaluation purposes, the motor vehicle must submit to a transient driving cycle emission inspection in addition to the inspections that are otherwise required under section 40.05 (6) or 40.07.
[en. B.C. Reg. 335/92; am. B.C. Regs. 317/96, s. 271/2000, s. 1; 401/2000, ss. 3 and 4.]
40.06 The owner of a motor vehicle that fails the emission inspection may
(a) perform the emission control system repairs and adjustments or have another person perform the emission control system repairs and adjustments, or
(b) take the vehicle, accompanied by the AirCare inspection report and the repair/diagnostic information form, to any AirCare repair centre to have an AirCare repair technician perform the emission control system repairs and adjustments.
[en. B.C. Reg. 335/92.]
40.07 (1) Every owner of a motor vehicle that has emission control system repairs and adjustments performed by a person referred to in section 40.06 may present the vehicle to an inspection centre for reinspection and, on reinspection, must pay the fee prescribed in B.C. Reg. 334/91, the Motor Vehicle Fees Regulation.
(2) The vehicle under subsection (1) is subject to the emission inspection procedure under section 40.05.
[en. B.C. Reg. 335/92.]
40.08 (1) This section does not apply to a motor vehicle that
(a) has emission control system repairs and adjustments performed by a person referred to in section 40.06 (a), or
(b) has in force an emissions warranty provided by the manufacturer or seller of the vehicle.
(2) A motor vehicle that has emission control system repairs and adjustments performed by an AirCare repair technician at an AirCare repair centre, and for which the repair data portion of the repair/diagnostic information form has been completed by the AirCare repair technician and either imprinted by the certification plate and technician card or validated electronically as required by the Greater Vancouver Transportation Authority or the Insurance Corporation of British Columbia, must be granted a conditional pass on reinspection if
(a) emission control system repairs and adjustments are made to the vehicle in an amount not less than the repair cost limit prescribed in Column 2 of Table 1 or 2 of the Schedule to this Division,
(b) all emission control system repairs and adjustments identified by the AirCare repair technician are performed and the actual repair costs are less than the repair cost limit prescribed in Column 2 of Table 1 or 2 of the Schedule to this Division,
(c) some emission control system repairs and adjustments identified by the AirCare repair technician are performed and the actual repair costs are less than the repair cost limit prescribed in Column 2 of Table 1 or 2 of the Schedule to this Division but the cost in the aggregate of performing the remaining repairs and adjustments would exceed the repair cost limit, or
(d) a single item repair identified by the AirCare technician is in excess of the repair cost limit.
[en. B.C. Reg. 335/92; am. B.C. Regs. 400/92; 271/2000, s. 2.]
40.09 (1) No person shall advertise or display any visual identification that a repair centre is certified to perform emission control system repairs and adjustments for the purpose of this Division without the written consent of the Insurance Corporation of British Columbia.
(2) Subsection (1) does not apply to an AirCare repair centre.
(3) No person, other than the AirCare repair centre to whom a certification plate is issued, shall use a certification plate to imprint the repair data portion of a repair/diagnostic information form.
(4) No person, other than an AirCare repair technician to whom a technician card has been issued, shall
(a) certify the repair data portion of a repair/diagnostic information form, or
(b) use the technician card to imprint the repair data portion of a repair/diagnostic information form.
(5) No person shall produce or reproduce an AirCare inspection report, repair/diagnostic information form, certification plate or technician card except with the written authorization of the Insurance Corporation of British Columbia.
[en. B.C. Reg. 335/92; am. B.C. Reg. 317/96, s. 1.]
40.10 (1) If the Insurance Corporation of British Columbia cancels the certification of an AirCare repair centre or an AirCare repair technician, the AirCare repair centre or the AirCare repair technician, as the case may be, may apply to the corporation for recertification and, on application, must pay the fee prescribed in B.C. Reg. 334/91, the Motor Vehicle Fees Regulation.
(2) The fee payable under subsection (1) must accompany each application for recertification.
[en. B.C. Reg. 335/92; am. B.C. Reg. 317/96, s. 1.]
40.11 For the purpose of this regulation, no person shall replace a defective or missing emission control device with other than an emission control device acceptable to the Greater Vancouver Transportation Authority and that is
(a) new and supplied by an original equipment manufacturer,
(b) new and supplied by an after market manufacturer, or
(c) used and in working condition.
[en. B.C. Reg. 335/92; am. B.C. Regs. 317/96, s. 1; 401/2000, s. 4.]
40.12 (1) For the purpose of reinspection of a motor vehicle following the failure of an emission inspection, no person shall install or have installed in the vehicle a used catalytic converter unless it can be shown, to the satisfaction of the Greater Vancouver Transportation Authority, that the used catalytic converter is functional in the same manner as a new catalytic converter.
(2) A contravention of subsection (1) invalidates the results of an emission inspection that would otherwise grant a pass or conditional pass of the emission inspection.
[en. B.C. Reg. 335/92; am. B.C. Regs. 317/96, s. 1; 401/2000, s. 4.]
40.13 (1) If an engine is exchanged on or before August 31, 1993 with an engine that
(a) is from the same family of engines and the same model year as the engine with which the vehicle was originally manufactured,
(b) is from the same family of engines but a different model year as the engine with which the vehicle was originally manufactured,
(c) is from the same model year but a different family of engines from the engine with which the vehicle was originally manufactured, or
(d) is from a different model year and a different family of engines than the engine with which the vehicle was originally manufactured,
the emission control devices and exhaust emission standards for compliance are those applicable to the model year and weight of the vehicle as indicated on the vehicle registration documents.
(2) If an engine is exchanged after August 31, 1993, the engine must
(a) be the same model year as the engine with which the vehicle was originally manufactured, or
(b) be a newer model year than the engine with which the vehicle was originally manufactured.
(3) For the purposes of subsection (2), if the engine
(a) is the same model year as the engine with which the vehicle was originally manufactured, the emission control devices and exhaust emission standards for compliance are those applicable to the model year and weight of the vehicle as indicated on the vehicle registration documents, or
(b) is a newer model year than the engine with which the vehicle was originally manufactured, the emission control devices are those applicable to the model year of the exchange engine and the exhaust emission standards forcompliance are those applicable to the model year and weight of the vehicle as indicated on the vehicle registration documents.
[en. B.C. Reg. 335/92.]
40.14 (1) Section 40.13 does not apply to a replicar, replikit, specialty vehicle or ubilt.
(2) The exhaust emission standards for a replicar, replikit, specialty vehicle or ubilt registered on or before August 31, 1994 are those applicable to a 1972 model year motor vehicle of the same weight, engine displacement and vehicle type as set out in the Exhaust Emission Standards Regulation, B.C. Reg. 274/2000.
(3) Repealed. [B.C. Reg. 332/94.]
(4) The exhaust emission standards for a replicar, replikit, specialty vehicle or ubilt registered after August 31, 1994 are those applicable to a 1988 model year motor vehicle of the same weight, engine displacement and vehicle type as set out in the Exhaust Emission Standards Regulation, B.C. Reg. 274/2000.
(5) Repealed. [B.C. Reg. 332/94.]
[en. B.C. Reg. 335/92; am. B.C. Regs. 332/94; 235/2000, s. 2; 271/2000, ss. 3 to 5.]
40.15 (1) The Insurance Corporation of British Columbia may require any motor vehicle that receives an emission inspection in a lane equipped with automated safety inspection equipment to submit to a safety inspection.
(2) The owner of a vehicle inspected under subsection (1) is not required to pay a fee for the safety inspection.
[en. B.C. Reg. 335/92; am. B.C. Reg. 317/96, s. 1.]
40.16 (1) A person who
(a) contravenes a provision of section 40.09,
(b) provides false information respecting repair data,
(c) alters or counterfeits an AirCare inspection report or repair/diagnostic information form, or
(d) uses an altered or counterfeit AirCare inspection report or repair/diagnostic information form to licence a motor vehicle,
commits an offence and is liable on conviction to a fine of not less than $500 and not more than $1 000.
(2) A person who falsely declares that a motor vehicle is in a class of motor vehicles exempted by regulation of the Lieutenant Governor in Council under section 50 (2) (a) of the Act commits an offence and is liable on conviction to a fine of $1 000.
[en. B.C. Reg. 335/92; am. B.C. Reg. 317/96, s. 12.]
(Section 40.08 (2))
[en. B.C. Reg. 492/95; am. B.C. Reg. 401/2000, s. 5.]
Repair Cost Limit
1 The repair cost limit for a motor vehicle of a model year in Column 1 of Table 1 is the amount shown opposite in Column 2, if there is no evidence of tampering.
Table 1: No Tampering Repair Cost Limits
| COLUMN 1 Model Year |
COLUMN 2 Amount |
|
| pre-1981 | $300 | |
| 1981-1987 | $400 | |
| 1988-1991 | $500 | |
| 1992-1998 | $600 | |
| post 1998 | no limit | |
2 The repair cost limit for a motor vehicle of a model year in Column 1 of Table 2 is the amount shown opposite in Column 2, if there is evidence of tampering.
Table 2: Tampering Repair Cost Limits
| COLUMN 1 Model Year |
COLUMN 2 Amount |
|
| pre-1981 | no limit | |
| 1981-1987 | no limit | |
| 1988-1991 | no limit | |
| 1992-1998 | no limit | |
| post 1998 | no limit | |
3 Tables 1 and 2 are not cumulative.
4 The model year is as determined from vehicle registration documents.
5 Evidence of tampering or no tampering is as determined by a visual inspection of emission control devices for a vehicle presented for inspection.
[ Table of Contents | Division1-4 | Division 5 | Division 6 | Division 7-9 |Division 10-18 | Division19-23 |
| Division 24-25 | Division26-28 | Division 29 |Division 30-34 | Division35-36 | Division 37-40 | Division 40A-42 |Division 43 | Division 44-46]
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