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B.C. Reg. 26/58
O.C. 1004/58
This consolidation is current to January 9, 2018.
Link to consolidated regulation (PDF)
Link to Point in Time

Motor Vehicle Act

Motor Vehicle Act Regulations

[includes amendments up to B.C. Reg. 113/2017, June 30, 2017]

Division 5 — Brakes

Brakes required

5.01  No person shall drive or operate a vehicle upon a highway unless the vehicle is equipped with brakes and equipment as required by these regulations.

[am. B.C. Regs. 46/67, s. 9; 226/67, 2; 256/84, s. 4.]

Repealed

5.011  Repealed. [B.C. Reg. 256/84, s. 5.]

Stopping distances

5.02  (1) Every motor vehicle and every combination of vehicles shall be equipped with service brakes which, when applied, will not affect the direction of travel of the motor vehicle or combination of vehicles, and under all conditions of loading will be adequate, when the motor vehicle or combination of vehicles is travelling at a speed of 30 km/h on a substantially level, dry, smooth, hard surfaced road free of loose material where the grade does not exceed 1%, to stop the travel

(a) of a passenger vehicle designed to carry not more than 9 persons, including the driver, within 8 m,

(b) of the motor vehicle if it is not part of a combination of vehicles and is not as described in paragraph (a) and has a manufacturer's gross vehicle weight rating of less than 4 600 kg, within 9 m,

(c) of the motor vehicle if it is not part of a combination of vehicles and is not as described in paragraph (a) or (b), within 12 m,

(d) of the combination of vehicles if it includes either a passenger motor vehicle designed to carry not more than 9 persons, including the driver, or a motor vehicle with a manufacturer's gross vehicle weight rating of less than 4 600 kg, within 12 m, or

(e) of the combination of vehicles if it is other than as described in paragraph (d), within 15 m.

(2) For purposes of this section, any motor vehicle designed, used or maintained primarily for the transportation of property and not equipped with a plate or marker showing the manufacturer's gross vehicle weight rating and which has

(a) less than 6 wheels is deemed to be a vehicle having a manufacturer's gross vehicle weight rating of less than 4 600 kg,

(b) 6 wheels or more is deemed to be a vehicle having a manufacturer's gross vehicle weight rating of 4 600 kg or more.

Trailer brakes

(3) A trailer shall be equipped with brakes at each end of each axle, but brakes are not required

(a) on one axle of a house trailer that is equipped with more than 2 axles,

(b) on any axle of a trailer other than a towing dolly if the licensed vehicle weight of the trailer

(i) is 1 400 kg or less, and

(ii) is less than 50% of the licensed vehicle weight of the vehicle by which it is being towed,

(c) on any axle of a towing dolly towed by a motor vehicle where

(i) the aggregate of the net weight of the towing dolly and the gross vehicle weight of the motor vehicle one axle of which is being carried by the towing dolly does not exceed 1 400 kg, or

(ii) the motor vehicle towing the towing dolly has a gross vehicle weight rating in excess of the aggregate of

(A) the net weight of the towing dolly,

(B) the gross vehicle weight of the motor vehicle one axle of which is being carried by the towing dolly, and

(C) the gross vehicle weight of the motor vehicle towing the towing dolly,

(d) on any axle of a motor vehicle one axle of which is being carried by a towing dolly, and

(e) on any axle of a trailer that consists of a piece of construction machinery towed by a truck where the truck has a gross vehicle weight rating in excess of the aggregate of the gross vehicle weights of the trailer and the truck.

(4) Brakes with which a trailer is equipped shall

(a) when applied be adequate to maintain control of the trailer,

(b) when applied not affect the direction of travel of the trailer, and

(c) where the licensed vehicle weight of the trailer exceeds 2 800 kg, be capable of being applied by the driver of the motor vehicle towing the trailer from his normal seated position.

(5) Notwithstanding subsection (1), a motorcycle shall be equipped with a brake on each wheel in contact with the ground, other than a wheel attached directly to a sidecar, and the brake on a rear wheel shall be operated by a right foot control, except where the motorcycle has a motor that produces 3.75 kW or less, in which case the rear wheel brake may be operated by a control mounted on the left handlebar.

(6) Brakes and coordinated brake control are not required on a motor vehicle with gross vehicle weight less than 2 800 kg which is being towed by

(a) a commercial vehicle with gross vehicle weight rating over 5 500 kg, or

(b) a rubber tired road building machine such as a motor-grader with normal operating weight rating over 5 500 kg,

provided that the aggregate weight of the combination does not exceed

(c) the gross vehicle weight rating of the towing motor vehicle, or

(d) in the case of a rubber tired road building machine, the registered test weight in the compliance testing of the Society of Automotive Engineers (SAE) J1473 brake performance standard.

(7) Brakes and coordinated brake control are not required on a towed motor vehicle that has a laden gross vehicle weight less than 2 000 kg and that is less than 40% of the gross vehicle weight rating of a motor home towing it via a tow bar.

[am. B.C. Regs. 69/59, s. (j); 46/67, s. 10; 226/67, s. 4; 205/72, s. 6; 343/77; 459/77, s. 2; 256/84, s. 6; 257/96, s. 1; 109/97, s. 1.]

Emergency or parking brakes

5.03  (1) A motor vehicle, except a motorcycle, and a combination of vehicles shall be equipped with an emergency braking system or a parking brake which, when applied, will alone stop and hold stationary the motor vehicle or combination of vehicles.

Braking parked trailer

(2) No person shall park or leave a detached trailer at any place on a highway unless the wheels are locked so that the trailer will remain stationary at that place.

[am. B.C. Reg. 46/67, s. 11.]

Vehicles exempted, brakes

5.04  (1) Sections 5.01, 5.02 and 5.03 do not apply to a motor vehicle originally designed and manufactured without emergency or parking brakes, any implement of husbandry, a special mobile vehicle or any chassis without body or load.

Stopping distance, exempted vehicles

(2) No person shall operate, at a speed greater than 20 km/h, an implement of husbandry or a special mobile vehicle or a chassis without body or load on a highway, unless the implement, vehicle or chassis is one that can be stopped within 10 m when travelling at a speed of 20 km/h.

[am. B.C. Regs. 69/59, s. (k); 343/77; 419/90, s. 2.]

Driver or operator to permit vehicle brake inspection on request

5.05  (1) Every person driving or operating a vehicle or combination of vehicles upon any highway shall, upon request of any peace officer or constable of the Provincial police force or the police force of any municipality, permit such peace officer or constable to inspect and test the brakes with which the vehicle or combination of vehicles is equipped and, on the direction of the officer or constable, shall operate the vehicle or combination of vehicles as directed by him for the purpose of the inspection and testing of the brakes.

(2) No person shall test the brake performance of a vehicle or combination of vehicles at a speed in excess of 40 km/h.

[am. B.C. Regs. 343/77; 135/2003, s. 2.]

Brake tubing and hose adequacy

5.06  No person shall drive or operate a vehicle on a highway unless the brake tubing and brake hose installed on the vehicle

(a) will not, upon proper application, impede or adversely affect the operation of the brakes,

(b) are of such length and flexibility that no wear or damage results from the normal movement of the parts of the vehicle to which they are attached,

(c) are effectively secured against chafing, kinking or other injury, and

(d) are in conformity to specifications of the director.

[am. B.C. Regs. 413/97, App. 1, s. 2; 135/2003, s. 1.]

Brake connection adequacy

5.07  No person shall drive or operate a vehicle on a highway unless the connections for any air, vacuum or hydraulic braking system with which the vehicle is equipped are

(a) of such manufacture and design and so installed and maintained that the proper operation of the brakes of the vehicle shall not be impeded or adversely affected,

(b) secured adequately against accidental disconnection, and

(c) of such manufacture and design and so installed and maintained that no leaks, constrictions or other defects occur, and,

in the case of a vehicle equipped with a vacuum braking system, unless the vacuum brake engine manifold connection is at least 9.5 mm in diameter.

[am. B.C. Reg. 343/77.]

Brake lining

5.08  No person shall drive or operate a vehicle on a highway unless the linings of the brakes of the vehicle are of such manufacture and design and so installed and maintained that they are of a thickness adequate for the safe and reliable operation of the brakes and that they are not subject to excessive fading or grabbing.

[en. B.C. Reg. 33/64, s. 5; am. B.C. Reg. 224/74, s. 1.]

Brake fluid

5.09  (1) Brake fluid used in a vehicle equipped with hydraulic brakes must conform to the specifications and requirements of the federal Motor Vehicle Safety Regulations, section 116 — "Hydraulic Brake Fluid".

(2) A person must not offer for sale brake fluid unless the fluid container is labelled with a statement to indicate that the brake fluid meets the standard of Society of Automotive Engineers J1703 "Motor Vehicle Brake Fluid" or federal Motor Vehicle Safety Regulations section 116 — "Hydraulic Brake Fluid".

[en. B.C. Reg. 285/95.]

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