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Licence Disclaimer |
| B.C. Reg. 26/58 O.C. 1004/58 |
| This archived regulation consolidation is current to December 31, 2013 and includes changes enacted and in force by that date. For the most current information, click here. |
[includes amendments up to B.C. Reg. 145/2013, April 1, 2013]
Division 24 — Vehicles of Unusual Size,
Weight or Operating Characteristics
24.01(1) In this Division:
"beverage cart" means a motor vehicle that,
(a) at the time it was manufactured, was not designed to conform to the standards prescribed by the Motor Vehicle Safety Act (Canada) for motor vehicles designed for highway use, and
(b) is designed or adapted for the purpose of serving food or beverages, or both;
"designated area" means private property, a parking lot, a campground, an airport, a ferry terminal, a golf course or a marina;
"forklift" means a motor vehicle with one or more prongs or any similar mechanism for hoisting a load;
"gold rush snowmobile trail highway traverse" means that portion of a highway that is traversed by the Gold Rush Snowmobile Trail;
"limited access island" means an island that is not accessible by scheduled vehicle ferry service or by bridge;
"miniature motor vehicle" means
(a) a motorized go-cart, skateboard or similar wheeled toy vehicle, or
(b) a motorcycle that has
(i) a wheel rim diameter of less than 250 mm,
(ii) a wheel base of less than 1 016 mm when measured from the centre of one axle to the centre of the other axle, or
(iii) a seat height, when the vehicle is unladen, of less than 650 mm;
"operation permit" means a permit issued in accordance with section 24.09;
"public works" means operation of a motor vehicle owned, leased or rented by the Province, a municipality, a regional district, a transportation authority, a health authority or a school district for maintenance, landscaping or industrial purposes;
"travelled portion of a highway" means the area of a highway that has a prepared surface for vehicle operation, including the shoulder;
"worksite" means the specific location where the tools, supplies or equipment carried on or in a motor vehicle are being used, or where a utility vehicle or mobile equipment is being used for its utility purpose unrelated to the transportation of people or property.
(2) The following classes of motor vehicles are prescribed for the purpose of section 3.1 (1) (c) of the Act:
(a) beverage carts that are
(i) owned or leased by an owner or operator of a golf course, and
(ii) used or operated for the purpose of offering food or beverages, or both, on the golf course;
(b) miniature motor vehicles.
[en. B.C. Reg. 351/2008, Sch. s. 13; am. B.C. Reg. 128/2012, Sch. s. 3.]
Part 2 — Operation on a Highway
24.02(1) A person must not use or operate any of the following motor vehicles on a highway except as otherwise authorized by this Division:
(a) an air cushion vehicle;
(b) a golf cart;
(c) a neighbourhood zero emission vehicle;
(d) a snow vehicle;
(e) a snowmobile;
(f) a utility vehicle;
(g) a beverage cart;
(h) a miniature motor vehicle.
(2) A person must not use or operate a miniature motor vehicle on a highway except on a route that has been designated as a parade route by a local or provincial government authority.
(2.1) A beverage cart described in section 24.01 (2) (a) must not be used or operated on a highway unless it is used or operated only
(a) on a parking lot or driveway of a golf course, or
(b) to cross a highway that intersects a golf course, for the purpose of travelling from one part of the golf course to another part of the same golf course.
(3) Subject to subsection (3.1), a motor vehicle described in subsection (1) must not be used or operated on a highway unless the owner of the vehicle has
(a) registered and licensed the vehicle under the Motor Vehicle Act or Commercial Transport Act, and
(b) obtained for the vehicle an owner's certificate under the Insurance (Vehicle) Act.
(3.1) Subsection (3) of this section does not apply to any vehicle to which section 3.1 of the Act applies.
(4) A motor vehicle being used or operated on a highway as authorized by this Division must conform to the requirements set out in Part 3 of this Division.
[en. B.C. Reg. 351/2008, Sch. s. 13; am. B.C. Reg. 128/2012, Sch. ss. 4 to 6.]
24.02.01(1) In this section, "third party liability insurance coverage" has the same meaning as in the Insurance (Vehicle) Act.
(2) The owner or lessee of a vehicle to which section 3.1 of the Act applies must have third party liability insurance coverage that provides indemnity against liability imposed by law arising from bodily injury to or the death of a person, or loss of or damage to property, caused by or arising out of the use or operation of the vehicle.
(3) For the purposes of subsection (2), the indemnity must be in an amount not less than that which would have been required under the Insurance (Vehicle) Act for the vehicle had section 3.1 of the Act not applied.
[en. B.C. Reg. 128/2012, Sch. s. 7.]
24.03(1) A person may use or operate a utility vehicle on a highway, subject to the conditions set out in this section, for the following purposes:
(a) farming;
(b) industrial purposes;
(c) maintenance;
(d) landscaping;
(e) law enforcement, by a person exercising powers or performing duties under an enactment;
(f) transportation on a limited access island if the utility vehicle is not of a type designed to be ridden astride.
(2) If a person uses or operates a utility vehicle on a highway for a purpose set out in subsection (1), operation of the vehicle is limited to the following:
(a) crossing the highway;
(b) operation on the untravelled portion of the highway;
(c) operation on the travelled portion of the highway if the vehicle is being used or operated
(i) on a limited access island,
(ii) within a designated area, or
(iii) within 100 m of the worksite where the vehicle is being used for the utility purpose for which it was designed.
(3) A utility vehicle used or operated in accordance with subsection (2) (c) (iii) may be used or operated continuously on the travelled portion of the highway for more than 100 m only if the vehicle is being used for constructing or maintaining the portion of the highway immediately underneath the vehicle.
(4) A person who uses or operates a utility vehicle on a highway must have an operation permit for the vehicle, unless the vehicle
(a) is a fork lift, or
(b) is used or operated
(i) in a designated area, by or on behalf of the owner or operator of the designated area,
(ii) on a highway adjoining or bisecting a designated area, if the vehicle is being used by or on behalf of the owner or operator of the designated area and the speed limit on the highway is 50 km/hr or less,
(iii) for public works on a highway where the speed limit is 50 km/hr or less,
(iv) by or on behalf of a university or college within the university or college campus,
(v) on a highway adjoining or bisecting a university or college campus, if the vehicle is being used by or on behalf of the university or college and the speed limit on the highway is 50 km/hr or less,
(vi) for law enforcement purposes, by a person exercising powers or performing duties under an enactment, or
(vii) on a highway located on a limited access island and the speed limit on the highway is 20 km/hr or less.
[en. B.C. Reg. 351/2008, Sch. s. 13; am. B.C. Reg. 128/2012, Sch. ss. 4, 5, 8 and 9.]
24.03.01A person who uses or operates an industrial utility vehicle
(a) to which section 3.1 of the Act applies, and
(b) that has a net weight of 1 600 kg or less
must have an operation permit for the vehicle, unless the vehicle is used or operated on a highway where the speed limit is 50 km/hr or less.
[en. B.C. Reg. 128/2012, Sch. s. 10.]
24.04A person may use or operate a golf cart on a highway within the parking lot of a golf course, or for the purpose of carrying golfers and their equipment from one part of a golf course to another part of the same golf course.
[en. B.C. Reg. 351/2008, Sch. s. 13; am. B.C. Reg. 128/2012, Sch. s. 4.]
24.05(1) A person may use or operate a snowmobile, snow vehicle or air cushion vehicle on a highway, subject to the conditions set out in this section.
(2) A person who uses or operates a snowmobile, snow vehicle or air cushion vehicle on a highway must have an operation permit for the snowmobile, snow vehicle or air cushion vehicle.
(2.1) Despite subsection (2) but subject to subsection (3), an operation permit is not required if a person uses or operates a snowmobile or snow vehicle across a highway in a straight line at right angles to the travelled portion of the highway from a point where traffic crossing the highway is controlled by,
(a) if the highway has a speed limit of 100 km/hr or less,
(i) a stop sign placed or erected by authority of the minister responsible for the administration of the Transportation Act, the council of a municipality or the governing body of a treaty first nation or a person authorized by any of them to exercise that authority, or
(ii) a traffic control signal, or
(b) if the highway has a speed limit of over 100 km/hr, a traffic control signal.
(3) Unless specifically provided for in an operation permit, a person must not use or operate a snowmobile, snow vehicle or air cushion vehicle on a highway between 1/2 hour after sunset and 1/2 hour before sunrise.
[en. B.C. Reg. 351/2008, Sch. s. 13; am. B.C. Regs. 234/2011; 128/2012, Sch. ss. 4 and 8.]
24.06(1) A person may use or operate a neighbourhood zero emission vehicle in unorganized areas of British Columbia
(a) on a highway or class of highway that has a speed limit of 40 km/hr or less,
(b) if authorized by a road use permit granted by the Minister of Transportation and Infrastructure under this section, on a highway or class of highway that has a speed limit of over 40 km/hr but no more than 50 km/hr, or
(c) if the vehicle is being operated in accordance with the provisions applicable to a utility vehicle as provided for in section 24.03.
(2) A person may use or operate a neighbourhood zero emission vehicle in a municipality
(a) on a highway or class of highway that has a speed limit of 40 km/hr or less,
(b) if authorized by bylaw of the council of the municipality, on a highway or class of highway that has a speed limit of over 40 km/h but no more than 50 km/hr, or
(c) if the vehicle is being operated in accordance with the provisions applicable to a utility vehicle as provided for in section 24.03.
(3) A person who uses or operates a neighbourhood zero emission vehicle as authorized by subsection (1) or (2) may, at an intersection, cross a highway that has a speed limit that is not greater than 80 km/hr to enable the person to continue on a highway on which the person is authorized to use or operate a neighbourhood zero emission vehicle.
(4) The Minister of Transportation and Infrastructure may, for the purposes of subsection (1) (b), grant a permit authorizing a person to use or operate a vehicle on a highway or class of highway that has a speed limit of over 40 km/hr but no more than 50 km/hr.
[en. B.C. Reg. 351/2008, Sch. s. 13; am. B.C. Reg. 128/2012, Sch. ss. 4 and 8.]
24.07(1) Section 24.06 does not apply to a neighbourhood zero emission vehicle that
(a) was owned or leased by a person on or before June 5, 2008, and
(b) continues to be owned or leased by the same person after that date.
(2) A neighbourhood zero emission vehicle referred to in subsection (1) may be used or operated on a highway in accordance with this section.
(3) Sections 4.30 and 7B.02 to 7B.04 apply to a neighbourhood zero emission vehicle described in subsection (1) that is being used or operated on a highway.
(4) A person who
(a) owned or leased a neighbourhood zero emission vehicle on or before June 5, 2008, and
(b) continues to own or lease the vehicle after that date
may apply to the director to exempt that vehicle from subsection (3).
(5) Despite subsection (1), section 24.06 applies to a vehicle that has been exempted under subsection (4).
[en. B.C. Reg. 351/2008, Sch. s. 13; am. B.C. Reg. 128/2012, Sch. s. 5.]
24.08(1) A person may use or operate a neighbourhood zero emission vehicle, snowmobile, snow vehicle, air cushion vehicle or utility vehicle, or an industrial utility vehicle to which section 3.1 of the Act applies, on a highway at the times prescribed in subsection (3) only if
(a) the vehicle is equipped with the head lamps and tail lamps described in section 24.12, and
(b) the person illuminates the vehicle lamps.
(2) In addition to the conditions under subsection (1), a person using or operating a utility vehicle on a highway must, if the vehicle is equipped with non-rotating red or amber lights capable of operating in flashing mode, illuminate the lights in flashing mode at all times that it is being used or operated on a highway.
(3) The hours prescribed for illumination of lamps and lights are
(a) from 1/2 hour after sunset to 1/2 hour before sunrise, and
(b) at any other time when, due to insufficient light or unfavourable atmospheric conditions, objects on the highway are not clearly discernible at a distance of 150 m.
[en. B.C. Reg. 351/2008, Sch. s. 13; am. B.C. Reg. 128/2012, Sch. ss. 4, 5, 11 and 12.]
24.09(1) If an operation permit is required for a vehicle under this Division, a person using or operating the vehicle must operate the vehicle in accordance with the limitations and conditions specified in the operation permit.
(2) An operation permit issued under this section must be in the form established by the Insurance Corporation of British Columbia.
(3) An application for an operation permit must be made to, and may be issued by,
(a) if the place where the vehicle is to be operated is policed by a municipal police force, a constable of that force,
(b) if the vehicle is a snowmobile operated on a gold rush snowmobile trail highway traverse, a member of the R.C.M.P. whose detachment is responsible for any gold rush snowmobile trail highway traverse, and
(c) in any other case, a member of the R.C.M.P. detachment who is stationed nearest to the place where the vehicle is to be operated.
(4) A member of the R.C.M.P. detachment or a constable of a municipal police force who issues an operation permit may specify limitations and conditions for operation of the vehicle for which the operation permit is issued.
(5) The operator of the vehicle for which an operation permit is required must keep the operation permit with the vehicle and present the operation permit on request of a peace officer.
(6) If the use of a utility vehicle, or an industrial utility vehicle to which section 3.1 of the Act applies, includes using or operating the vehicle on the untravelled portion of a highway in an unorganized area of British Columbia, the District Transportation Manager responsible for the transportation district where the vehicle is operated may require that additional limitations and conditions be added to the operation permit.
(7) An operation permit issued under this Division may be cancelled by the following persons at the department or detachment where the permit was issued:
(a) in the case of a municipal police force, the chief constable of the department, or his or her delegate;
(b) in the case of the R.C.M.P., the detachment commander of the detachment, or his or her designate;
(c) the officer who issued the permit.
(8) An operation permit expires on the earlier of
(a) the expiry date specified in the permit, or
(b) the date that is one year after the date the permit was issued.
[en. B.C. Reg. 351/2008, Sch. s. 13; am. B.C. Reg. 128/2012, Sch. ss. 12 and 13.]
24.09.01(1) Mobile equipment may be used or operated on a highway only for the work purposes for which the mobile equipment is designed.
(2) Mobile equipment may be used or operated on a highway only as follows:
(a) to cross the highway;
(b) on the untravelled portion of the highway;
(c) on the travelled portion highway if the mobile equipment is being or will be used or operated
(i) within a designated area, or
(ii) within 100 m of the worksite where the mobile equipment is being used or operated to perform work.
(3) Despite subsection (2) (c) (ii), mobile equipment being used or operated on a highway may be used or operated continuously on the travelled portion of the highway for a distance greater than 100 m if the mobile equipment is being used or operated by or on behalf of a farmer.
(4) Mobile equipment parked, used or operated between 1/2 hour after sunset and 1/2 hour before sunrise on a highway that is not cordoned off from motor vehicle access must have either
(a) reflective devices or retro-reflective tape, or
(b) one or more lighted lamps
that under normal atmospheric conditions are capable of being visible, or displaying light visible, as applicable, from a distance of at least 150 m to the front and rear of the mobile equipment respectively.
(5) Mobile equipment that is a work platform used to raise and lower the operator of the platform, tools or supplies, or both, must not be used or operated on a highway unless the mobile equipment is marked with a clearly visible unique identifier indicating the owner and unit number.
[en. B.C. Reg. 128/2012, Sch. s. 14.]
24.09.02(1) In addition to the duties imposed by this section, a person operating mobile equipment on a highway has the same rights and duties as a driver of a vehicle.
(2) If an accident occurs by which a person or property is injured, directly or indirectly, owing to the presence, use or operation of mobile equipment on a highway, the person in charge of the equipment must
(a) remain at or immediately return to the scene of the accident,
(b) render all possible assistance, and
(c) give to anyone sustaining loss or injury his or her name and address and the name and address of the owner of the equipment.
[en. B.C. Reg. 128/2012, Sch. s. 14.]
Part 3 — Safety and Equipment Requirements
24.10In this Part, "vehicle" means a motor vehicle that
(a) is
(i) listed in section 24.02 (1) (a) to (g), or
(ii) an industrial utility vehicle to which section 3.1 of the Act applies, and
(b) is used or operated on a highway.
[en. B.C. Reg. 128/2012, Sch. s. 15.]
24.11(1) A neighbourhood zero emission vehicle being used or operated on a highway must conform to the requirements under the Motor Vehicle Safety Act (Canada) that applied to the vehicle at the time it was manufactured or imported into Canada.
(2) The equipment required under this section for neighbourhood zero emission vehicles must be maintained in good working order.
[en. B.C. Reg. 351/2008, Sch. s. 13; am. B.C. Reg. 128/2012, Sch. s. 5.]
24.12(1) If any of the following vehicles are being used or operated at the times prescribed in section 24.08 (3), the vehicle must be equipped with the headlamps and the tail lamps required for motorcycles under sections 4.05 [headlamps] and 4.15 [tail lamps] respectively:
(a) snowmobiles;
(b) snow vehicles;
(c) air cushion vehicles;
(d) utility vehicles;
(e) industrial utility vehicles to which section 3.1 of the Act applies.
(2) A neighbourhood zero emission vehicle being used or operated on a highway at the times prescribed under section 24.08 (3) must be equipped with the lamps required for the vehicle by the Motor Vehicle Safety Act (Canada) at the time it was manufactured or imported into Canada.
[en. B.C. Reg. 351/2008, Sch. s. 13; am. B.C. Reg. 128/2012, Sch. ss. 5 and 16.]
24.13A vehicle may be equipped with lamps that are capable of displaying flashes of light only in accordance with section 4.28 [flashing lamps].
[en. B.C. Reg. 351/2008, Sch. s. 13.]
24.14A vehicle must be equipped with reflective devices in accordance with section 4.21 [reflective devices].
[en. B.C. Reg. 351/2008, Sch. s. 13.]
24.15The lamps, lighting devices and reflectors required under this Part must
(a) be maintained in good working order,
(b) be securely mounted on the vehicle,
(c) not have any cracked, broken, missing or incorrectly installed lenses and, in the case of a lamp, not have any bent or broken rims that allow water to enter the lamp, and
(d) not be shielded, covered or obscured by any part of the vehicle or load or by dirt or other material.
[en. B.C. Reg. 351/2008, Sch. s. 13.]
24.16A vehicle may be equipped with a siren, whistle or bell only in accordance with section 7.02 (2) [sirens and theft alarms].
[en. B.C. Reg. 351/2008, Sch. s. 13.]
24.17(1) A person must not use or operate a vehicle if the windshield or any window of the vehicle is in such condition that the vision of the driver is impaired.
(2) Any glass used for a windshield or window of a vehicle must be safety glass and, in the case of a windshield, must not be heat treated or case hardened glass.
[en. B.C. Reg. 351/2008, Sch. s. 13; am. B.C. Reg. 128/2012, Sch. s. 4.]
24.18A person may use or operate a vehicle and a trailer on a highway only in accordance with section 7.07 [trailer connections and towed vehicles].
[en. B.C. Reg. 351/2008, Sch. s. 13; am. B.C. Reg. 128/2012, Sch. s. 4.]
24.19Section 7.161 (1) applies to a vehicle with pneumatic tires in contact with the highway.
[en. B.C. Reg. 351/2008, Sch. s. 13.]
24.20(1) Unless exempted in writing by the director under section 24.21, a vehicle must be equipped with
(a) service brakes in accordance with section 5.02 [stopping distances], and
(b) if propelled by an internal combustion engine, an exhaust muffler consisting of a series of pipes or chambers that ensures the exhaust gases from the engine are cooled and expelled without excessive noise.
(2) A utility vehicle being used or operated on the travelled portion of a highway as authorized under section 24.03 (2) (c) (iii) or (3) must be equipped with a slow moving vehicle warning device as required under section 7B.03 [warning device].
[en. B.C. Reg. 351/2008, Sch. s. 13; am. B.C. Reg. 128/2012, Sch. s. 5.]
24.21(1) A person who owns or leases a vehicle may apply in writing to the director to exempt the vehicle from
(a) a requirement under section 24.20 (1), or
(b) any other requirement under this Part.
(2) The director may, in writing, unconditionally or on conditions the director considers desirable, exempt a vehicle from
(a) a requirement under section 24.20 (1), or
(b) in exceptional circumstances, any other requirement under this Part.
(3) The owner or operator of a vehicle to which an exemption applies must keep the exemption with the vehicle and present the exemption on request of a peace officer.
[en. B.C. Reg. 351/2008, Sch. s. 13.]
24.22A person commits an offence who uses or operates any of the following in contravention of this Division:
(a) air cushion vehicle;
(b) beverage cart;
(c) golf cart;
(d) industrial utility vehicle;
(e) miniature motor vehicle;
(f) mobile equipment;
(g) neighbourhood zero emission vehicle;
(h) snow vehicle;
(i) snowmobile;
(j) utility vehicle.
[en. B.C. Reg. 128/2012, Sch. s. 17.]
Division 25 — Vehicle Inspection and Maintenance
25.01(1) In this Part:
"authorized person" means a person authorized by the director to inspect vehicles under section 217 of the Act;
"corporation" means the Insurance Corporation of British Columbia;
"designated inspection facility" means a facility designated by the director as an inspection facility under section 217 of the Act;
"farm vehicle" has the same meaning as in the Commercial Transport Regulations, B.C. Reg. 30/78;
"identification card" means a card issued by the director to an authorized person and used to imprint an inspection report;
"identification plate" means a plate issued by the director to a designated inspection facility and used to imprint an inspection report;
"inspection certificate" means an inspection certificate of approval in the form of a decal issued by the director which shows the date of expiry of the certificate, and includes an interim inspection certificate;
"inspection report" means an inspection report in the form required by the director;
"owner" in relation to a designated inspection facility, includes the person having charge of the operation of the facility;
"standards" means standards of safety and repair prescribed by the minister under section 217 of the Act, including the Inspection Standards (Safety and Repair) Regulation.
(2) This Part applies to
(a) a taxi,
(b) a bus, including a school bus in respect of which a permit has been issued under Division 11,
(c) a commercial vehicle having a licensed gross vehicle weight of more than 8 200 kg,
(d) a vehicle, other than a motorcycle, the operator of which is required to hold a licence under the Motor Carrier Act or a licence or temporary operating permit under the Passenger Transportation Act,
(e) a vehicle, other than a motorcycle, owned or leased by a driver training school, and
(f) a trailer and semi-trailer as defined under the Commercial Transport Act,
but does not include a vehicle
(g) that is an industrial machine or road building machine, other than a vehicle described by body style in Schedule 1 to this Division that has a licensed gross vehicle weight greater than 17 300 kg,
(h) licensed under section 8, 9, 38, 41, 42 or 44 of the Act,
(i) owned by the Queen in Right of Canada,
(j) driven under a permit issued under section 6 (7) of the Commercial Transport Act or under Division 14 of this regulation,
(k) to which section 21 of the Act applies, or
(l) that is a commercial motor vehicle, other than a bus, having a licensed gross vehicle weight of 17 300 kg or less and that is licensed and insured as a farm vehicle.
(3) The director may exempt a class of persons or vehicles from subsection (2) unconditionally, or on conditions the director considers desirable, and may substitute other requirements if the director considers it desirable for the purpose of promoting and securing road safety.
(4) The director may
(a) exempt from subsection (2) unconditionally, or on conditions the director considers desirable, persons, vehicles and equipment that the director identifies and specifies, and
(b) substitute other requirements if the director considers it desirable for the purpose of more effectively promoting and securing road safety.
[en. B.C. Reg. 304/2001; am. B.C. Regs. 135/2003, ss. 3 and 7; 447/2004, s. 6; 64/2005, s. 15.]
25.02(1) The director may issue to each authorized person an identification card suitable for imprinting an inspection report as required by the director.
(2) The identification card is the property of the director and must be returned to the director on request.
(3) An identification card issued under this section expires 24 months after the date of issue unless the director specifies an earlier expiry date or an alternate expiry period.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.03(1) The director may issue to each designated inspection facility an identification plate suitable for imprinting an inspection report as required by the director.
(2) The identification plate is the property of the director and must be returned to the director on request.
(3) An identification plate issued under this section expires 12 months after the date of issue unless the director specifies an earlier expiry date or an alternate expiry period.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.04(1) An inspection report referred to in this Division must be imprinted with
(a) the valid identification card of the authorized person who conducted the inspection, and
(b) the valid inspection plate of the designated inspection facility where the inspection was conducted.
(2) A person, other than the authorized person to whom an identification card has been issued, must not use the identification card to imprint an inspection report.
(3) A person or facility, other than the designated inspection facility to whom an identification plate has been issued, must not use the identification plate to imprint an inspection report.
(4) A person or facility must not imprint an inspection report with an identification card or identification plate that has expired.
(5) The director may, for a specified period of time, exempt an authorized person or designated inspection facility from the requirement to use an identification card or identification plate, or both, and may substitute other requirements and conditions.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.05(1) If an identification card is lost, stolen or damaged, the authorized person to whom the card was issued must inform the director within one business day.
(2) If an identification plate is lost, stolen or damaged, the operator of the designated inspection facility to whom the plate was issued must inform the director within one business day.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.06(1) An authorized person must, within one business day after the expiry date stated on an identification card issued to the person, destroy the expired identification card.
(2) The operator of a designated inspection facility must, within one business day after the expiry date stated on an identification plate issued to the operator, destroy the expired identification plate.
[en. B.C. Reg. 304/2001.]
25.07(1) Subject to this section, a person must not drive, operate or park a vehicle on a highway or cause or permit it to be so driven, operated or parked unless an unexpired inspection certificate issued for that vehicle, indicating that the vehicle complies with the standards, is conspicuously and securely affixed,
(a) in the case of a motor vehicle, to the outside lower left hand or lower right hand corner of the windshield or the outside of the fixed glazed surface to the right of the operator, and
(b) in the case of a trailer, on the outside of the left or right lower front corner of the trailer.
(2) Subsection (1) does not apply to a person driving or operating a vehicle which has been exempted by the director under these regulations.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.08(1) Despite an inspection certificate being in force, the director or a peace officer may, on having reasonable and probable grounds to believe that a vehicle may not comply with the standards, notify the owner or operator of a vehicle to present it for inspection to a designated inspection facility within the period set out in the notification.
(2) The director or a peace officer may order the owner or operator of a vehicle, in respect of which no inspection certificate is in force, to surrender to either of them the vehicle licence or the number plates, or both, for that vehicle.
(3) The owner or operator must comply with a notification under subsection (1) and an order under subsection (2).
(4) After examining a vehicle presented to the designated inspection facility following a notification under subsection (1), an authorized person must revoke any unexpired certificate, issue an inspection report in the manner set out in section 25.13 and
(a) issue a new inspection certificate of approval under section 25.13 (2), or
(b) issue an interim inspection certificate under section 25.13 (3)
on being satisfied that the conditions for issuing those certificates have been met.
(5) A notification under subsection (1) may require the owner or operator to notify the director or peace officer of the result of the required inspection.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.09(1) A person must not issue an inspection certificate for a vehicle unless
(a) he or she is an authorized person for that class of vehicle, and
(b) the vehicle has been inspected by him or her at a designated inspection facility for that class of vehicle.
(2) An authorized person must not issue an inspection certificate in respect of a vehicle which he or she owns or leases or which is owned or leased by a designated inspection facility at which he or she is employed unless it is a motor vehicle for sale by a person who is a motor dealer as defined in the Motor Dealer Act.
(3) A person must not issue a document, certificate or decal which purports to be an inspection certificate under this Part unless it is provided for issue by the director.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.10(1) A person must not, for the purposes of registering or licensing a motor vehicle, present a signed inspection report certifying that the motor vehicle has passed an inspection if the report has been altered in any way.
(2) A person who has been delegated responsibility under section 117 of the Act to register or license a motor vehicle must not register or license a motor vehicle unless he or she has received a signed inspection report that certifies that the motor vehicle has passed inspection.
(3) A person who is not an authorized person must not sign an inspection report.
(4) A person must not alter an inspection report that has been signed by an authorized person.
[en. B.C. Reg. 304/2001.]
25.11Every authorized person and designated inspection facility must notify the director within 10 days respecting a change in the following information:
(a) legal name of the authorized person or designated inspection facility and, if applicable, the name under which the authorized person or designated inspection facility is doing business;
(b) physical location of the designated inspection facility;
(c) mailing address for service on or delivery to authorized persons and the designated inspection facility;
(d) telephone contact numbers for authorized persons and the designated inspection facility;
(e) telephone number for the owner/operator of the designated inspection facility;
(f) name of the principals of the designated inspection facility.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.12(1) The operator of a designated inspection facility must
(a) display in a conspicuous place that is clearly visible to customers entering the designated inspection facility
(i) the valid document of designation issued by the director for that facility, and
(ii) the certificates of qualification of authorized persons carrying out inspections at that facility,
(b) ensure that authorized persons are the only persons who inspect vehicles for the purposes of this Division,
(c) within 10 days from the date of an inspection report being completed, mail the first copy to the director,
(d) keep proper records of each inspection carried out at the facility for a period of not less than 18 months after an inspection,
(e) maintain safe custody and control of unissued inspection certificates, report in writing to the office of the director any loss, theft, disfigurement or destruction of unissued inspection certificates and generally comply with reasonable directions of the director respecting acknowledgment or delivery of certificates,
(f) ensure that
(i) the facility is equipped with proper tools, appliances, devices, manuals and documents, as required by the standards, to enable operators within the facility to manage it efficiently and authorized persons to ensure that vehicles comply with the standards,
(ii) each authorized person at the facility conducts his or her inspection in accordance with the standards and complies with section 25.13, and
(iii) the facility has available on the premises
(A) an up-to-date copy of the Inspection Standards (Safety and Repair) Regulation, and
(B) the most recent publicly available copy of Division 25 of the Motor Vehicle Act Regulations,
(g) at all times during business hours, on the request of a peace officer or person authorized in writing by the director, permit the peace officer or authorized person to enter the inspection facility for the purpose of examination of equipment necessary for inspection, records of inspection and unissued inspection certificates and to permit such persons to make copies of documents which are relevant to the functions performed under this Division,
(h) maintain a record of issued inspection certificates including
(i) the inspection certificate number, and
(ii) the vehicle registration number or the Vehicle Identification Number (VIN) of the vehicle to which the inspection certificate was issued, and
(i) allow a peace officer or person designated in writing by the director to inspect the record of inspection certificates referred to in paragraph (h).
(2) A violation by an operator of a designated inspection facility of any provision of subsection (1) is grounds for cancellation or suspension of that designation of the facility by the director either entirely or for inspection of a class of vehicle.
(3) Upon cancellation or suspension of a designation, the operator must return to the director all unissued inspection certificates and other documents given or supplied to him or her by or on behalf of the director for the purposes of this Part.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, ss. 3 and 8.]
25.13(1) After every inspection, the authorized person who carried it out must
(a) complete and sign an inspection report in the form and manner required by the director and containing particulars established by the director,
(b) give one copy of the inspection report to the operator of the vehicle,
(c) provide the operator of the designated inspection facility with one copy of the inspection report to be forwarded to the director, and
(d) retain a copy of the inspection report for the record of the designated inspection facility.
(2) If the authorized person is satisfied that the vehicle meets the standards, he or she must place on the vehicle an inspection certificate of approval in the manner set out in section 25.07 (1).
(3) If the authorized person is not satisfied that the vehicle meets the standards, he or she may, on being satisfied that the vehicle would not present a hazard to other road users, place on the vehicle an interim inspection certificate and must indicate on the inspection report issued under subsection (1)
(a) the equipment or component of the vehicle which failed to meet the standards, and
(b) if the deficiency in standards affects the safety of passengers or security of load, that no passengers or load may be carried in or on the vehicle.
(4) A person must not drive, operate or park a vehicle in respect of which an inspection certificate is in force unless a copy of the inspection report issued under subsection (1) is carried in the vehicle.
(5) An authorized person may indicate on an inspection report issued under subsection (1) whether, in his or her opinion, the vehicle will continue to meet the standards until it is next inspected under this Division and, if not, may indicate on the report
(a) those standards by which, in his or her assessment, the vehicle may be deficient before it is next inspected under this Division, or
(b) the necessity, in his or her opinion, for repair or replacement of a part or parts of the vehicle for it to continue to meet the standards.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.14(1) Unless otherwise specified in this Part, an inspection certificate of approval indicating that a vehicle complies with the standards expires on the last day of the sixth month following the issue of the certificate.
(2) Repealed. [B.C. Reg. 364/2004, s. (b).]
(3) An inspection certificate of approval expires on the last day of the twelfth month following the issue of the certificate for
(a) a bus licensed and insured as a farm vehicle,
(b) a farm vehicle having a licensed gross vehicle weight greater than 17 300 kg,
(c) a commercial trailer, except a commercial trailer used with a logging truck or equipped with a dump box,
(d) an emergency vehicle,
(e) an industrial machine or a road building machine having a body style described in Schedule 1 to this Division,
(f) a vehicle owned or leased by a driver training school,
(g) a commercial vehicle other than a bus, taxi or logging truck having a licensed gross vehicle weight of more than 8 200 kg, but equal to or less than 17 300 kg.
(h) Repealed. [B.C. Reg. 364/2004, s. (e).]
(4) An interim inspection certificate expires 14 days after the time of issue.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 364/2004.]
Part 2 — Maintenance and Records
25.15In this Part, "standards" has the same meaning as in Part 1.
[en. B.C. Reg. 304/2001.]
25.16Subject to section 25.18 (3), this Part applies to all vehicles
(a) for which a licence or permit under the Motor Carrier Act or the Passenger Transportation Act is held,
(b) described in section 25.01 (2) (a) to (f) whether or not a licence or permit is held for them under the Motor Carrier Act or the Passenger Transportation Act, and
(c) that are commercial vehicles whether or not a licence or permit is held for them under the Motor Carrier Act or the Passenger Transportation Act,
but does not include a vehicle
(d) licensed under section 8, 9, 10 or 44 of the Act other than those described in Schedule 1 to this Division,
(e) which is a road building machine as defined in the Commercial Transport Act, other than those described in Schedule 1 to this Division,
(f) owned by the Queen in Right of Canada,
(g) driven under a permit issued under Division 14, or
(h) regulated under Division 24.
[en. B.C. Reg. 304/2001; am. B.C. Regs. 447/2004, s. 7; 64/2005, s. 17; 351/2008, Sch. s. 14.]
25.18(1) Subject to subsection (2), the owner of every vehicle must, during the last 3 years of ownership and for a period of 6 months following disposal of it, maintain in safe keeping a record of
(a) each inspection made of the vehicle and of every component of it to which the standards apply, and
(b) every replacement and repair made to the vehicle and to each such component following each inspection.
(2) The owner of a vehicle who sells it may, with the consent of the purchaser, deliver the records of inspection, replacement and repair to the purchaser, and in that event the purchaser must retain those records as if he or she had owned the vehicle during the period covered by the records so delivered.
(3) This section does not apply to an owner of a vehicle
(a) licensed under section 38, 41 or 42 of the Act,
(b) driven under a permit issued under section 6 (7) of the Commercial Transport Act or to which section 6 (13) of that Act applies, or
(c) to which section 21 of the Act applies.
[en. B.C. Reg. 304/2001.]
Part 3 — Salvaged, Modified and Reconstructed Vehicles
25.19In this Part, "authorized person", "corporation", "designated inspection facility" and "inspection certificate" have the same meanings as in Part 1.
[en. B.C. Reg. 304/2001. ]
25.20This Part applies to a vehicle that was
(a) disposed of as salvage and subsequently rebuilt,
(b) altered by changes to its suspension height by more than 10 cm from the original basic specification of the vehicle manufacturer,
(c) altered so that its
(i) freight carrying capacity has been increased beyond the original gross vehicle weight rating of the vehicle, or by design changes other than those established by the manufacturer of the vehicle, or
(ii) seating capacity has been increased, or
(d) built after January 1, 1971 from new or used parts, other than a trailer with a licensed gross vehicle weight of 1 400 kg or less, and that does not display the statement of compliance under the Motor Vehicle Safety Act (Canada).
[en. B.C. Reg. 304/2001.]
25.21A person must not drive, operate or park a vehicle on a highway until it has been presented to a designated inspection facility and an approved certificate of mechanical condition in a form set by the director has been issued in respect of the vehicle by an authorized person.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.22(1) An authorized person must not issue a certificate under section 25.21 unless he or she is satisfied, and certifies on the certificate, that the vehicle complies with the Act and its regulations and is safe for use on the highway.
(2) The provisions of sections 25.02 to 25.06, 25.09, 25.12 and 25.13 apply to persons issuing inspection certificates, operators of a designated inspection facility and authorized persons.
[en. B.C. Reg. 304/2001.]
Part 4 — Inspection of Motor Vehicles Imported into British Columbia
25.23In this Part, "authorized person", "corporation", "designated inspection facility", "inspection report" and "standards" have the same meanings as in Part 1.
[en. B.C. Reg. 304/2001.]
25.24(1) This Part applies to a motor vehicle that
(a) is registered, titled or licensed, or was previously registered, titled or licensed, at a place outside British Columbia,
(b) is presented to the corporation for registration, and
(c) has a net vehicle weight of not more than 3 500 kg,
but does not include a motor vehicle described in Schedule 2 to this Division.
(2) The director may exempt a class of persons or vehicles from subsection (1) unconditionally or on conditions the director considers desirable and may substitute other requirements if the director considers it desirable for the purpose of promoting and securing road safety.
(3) The director may
(a) exempt from subsection (1) unconditionally, or on conditions the director considers desirable, persons, vehicles and equipment that the director identifies and specifies, and
(b) substitute other requirements if the director considers it desirable for the purpose of more effectively promoting and securing road safety.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.25No application will be accepted by the corporation for the registration of a motor vehicle to which this Part applies until
(a) the motor vehicle has been presented to a designated inspection facility for a safety inspection to determine that
(i) the vehicle complies with the standards for motor vehicles, and
(ii) the frame or unibody of the motor vehicle has not been compromised,
(b) an inspection report, in a form and containing particulars established by the director, has been issued for the motor vehicle by an authorized person, and
(c) the motor vehicle described in the inspection report is certified as passed by the authorized person.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.26(1) Every operator of a motor vehicle presented at a designated inspection facility for an inspection under this Part must, before the inspection begins, provide to the authorized person proof of ownership of the motor vehicle presented for inspection.
(2) If the Vehicle Identification Number (VIN) of the motor vehicle presented for inspection differs from the VIN of the motor vehicle described in the documentation provided under subsection (1), the inspection must not proceed.
[en. B.C. Reg. 304/2001.]
25.27(1) An authorized person must not issue an inspection report under section 25.25 that certifies that a motor vehicle has passed inspection unless the authorized person is satisfied that the motor vehicle complies with the standards and is safe for operation on the highway.
(2) For the purposes of this Part, the provisions of sections 25.02 to 25.06, 25.09 and 25.12 apply to authorized persons, to persons who issue inspection reports and to operators of a designated inspection facility.
[en. B.C. Reg. 304/2001.]
25.28After every inspection, the authorized person who performs the inspection must
(a) complete and sign an inspection report in the form and manner required by the director, and
(b) distribute the inspection report as follows:
(i) provide the original to the operator of the motor vehicle for presentation to the autoplan agent at the time of application for registration;
(ii) provide one copy to the operator of the motor vehicle to be kept with the motor vehicle;
(iii) provide one copy to the operator of the designated inspection facility, to be forwarded to the director by the operator;
(iv) retain one copy for the records of the designated inspection facility.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 135/2003, s. 3.]
25.29(1) A person must not, for the purposes of registering or licensing a motor vehicle, present a signed inspection report certifying that the motor vehicle has passed an inspection if the report has been altered in any way.
(2) A person who has been delegated responsibility under section 117 of the Act to register or license a motor vehicle must not register or license a motor vehicle unless he or she has received a signed inspection report that certifies that the motor vehicle has passed inspection.
(3) A person who is not an authorized person must not sign an inspection report.
(4) A person must not alter an inspection report that has been signed by an authorized person.
[en. B.C. Reg. 304/2001.]
25.30(1) If a peace officer has reasonable and probable grounds to believe that a vehicle is, by reason of mechanical, structural or other defect, unsafe for use on a highway, whether or not the vehicle meets the standards prescribed under the Act, he or she may order the owner or operator of the vehicle, either immediately or within such time as is specified in the order, to do one or both of the following:
(a) remove it from the highway and keep it so removed until either
(i) repairs as may be set out in the order of the peace officer have been implemented, or
(ii) the peace officer revokes the order;
(b) surrender the vehicle licence or number plates, or both, for that vehicle to the corporation or to the peace officer.
(2) If a peace officer has reasonable and probable grounds to believe that a motor vehicle is not operating under the provisions of an overload permit issued under the Commercial Transport Act and is unsafe for use on a highway because
(a) the motor vehicle is loaded in such manner that the gross weight carried by any of its axles exceeds the gross vehicle weight rating for that axle specified by the vehicle manufacturer, or
(b) the gross weight of the motor vehicle exceeds the gross vehicle weight rating for that vehicle specified by the vehicle manufacturer,
the peace officer may order the owner or operator of the vehicle to do one or both of the following things immediately, or within the time specified in the order:
(c) remove it from the highway until it meets the specifications of the manufacturer referred to in paragraphs (a) and (b);
(d) surrender the vehicle licence or number plates, or both, for that vehicle to the corporation or to the peace officer.
(3) Subsection (2) applies only to motor vehicles
(a) manufactured before January 1, 2001, and
(b) having a gross vehicle weight rating of 5 500 kg or less.
(4) An owner or operator must comply with an order made under subsection (1) or (2).
(5) An order under subsection (1) or (2) may require the owner or operator to notify the peace officer before the vehicle is operated on the highway that the repairs under subsection (1) have been carried out or the specifications under subsection (2) (c) have been met.
[en. B.C. Reg. 304/2001.]
25.31A person who violates section 25.04 (2), (3) or (4), 25.05 (1) or (2), 25.06 (1) or (2), 25.07 (1), 25.08 (3), 25.09, 25.10, 25.11, 25.12 (1) (c) or (3), 25.13 (1) (a), (2) or (4), 25.18, 25.21, 25.22 (1), 25.27 (1), 25.28 (a), 25.29 or 25.30 (4) commits an offence.
[en. B.C. Reg. 304/2001; am. B.C. Reg. 194/2010, Sch. s. 2.]
25.32(1) The director may cancel an authorization granted to a person under section 217 (1) (a) of the Act for violation of one or more of sections 25.08 (4), 25.09, 25.13 (1), (2) and (3), 25.22 (1), 25.27 (1) and 25.28.
(2) A cancellation under subsection (1) may cancel an authorization entirely or for inspection of a class of vehicle.
(3) Immediately after being notified of a cancellation under subsection (1), the person to whom it was granted must return the authorization to the director.
[en. B.C. Reg. 194/2010, Sch. s. 3.]
[en. B.C. Reg. 304/2001.]
1 The following motor vehicles described by body style licensed under section 10 of the Act, or road building machines as defined in the Commercial Transport Act, are included in this Division:
| Compressor | Conveyor | Crane | ||
| Derrick | Drill | Drill Rig | ||
| Seismograph | Pumper |
[en. B.C. Reg. 304/2001; am. B.C. Reg. 351/2008, Sch. s. 15.]
1 The following classes of motor vehicles are exempt from the requirement to be inspected and certified under Part 4 of Division 25:
(a) a motor cycle;
(b) an implement of husbandry;
(c) an all terrain vehicle as defined in the Motor Vehicle (All Terrain) Act;
(d) a vehicle with body style (code):
| Amphibious | (90) | Fork Lift | (KD) | |
| Golf Cart | (92) | Ice surfacer | (KT) | |
| Snow vehicle | (94) | Lifter | (KK) | |
| Snowmobile | (94) | Loader | (KE) | |
| Truckster | (TR) | Mower | (KF) | |
| Farm | (KS) | Tractor | (KJ) | |
| Utility vehicle | (KX) |
(e) a neighbourhood zero emission vehicle.
Contents | Division 1-4 | Division 5 | Division 6 | Division 7-9 | Division 10-18 | Division 19-23 | Division 24-25 | Division 26-28 | Division 29 | Division 30-34 | Division 35-36 | Division 37-40 | Division 40A-42 | Division 43 | Division 44-47
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