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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 10 — Commercial Passenger Vehicles

Interpretation

10.01  In this Division:

"business vehicle", except in section 10.041, has the same meaning as in section 237 of the Act;

"carrier" has the same meaning as in section 237 of the Act;

"commercial passenger vehicle" has the same meaning as in the Passenger Transportation Act;

"licensee", when used in relation to a commercial passenger vehicle, means a person who holds a valid licence that has been issued or transferred to that person for that vehicle under the Passenger Transportation Act;

"permit holder" means a person who holds a valid temporary operating permit that has been issued to that person under the Passenger Transportation Act;

"special sightseeing bus" means a double decker bus that, before February 28, 1987, operated as a public passenger vehicle, as that term was defined in the Motor Carrier Act at that time, under the authority of a licence issued under that Act.

[en. B.C. Reg. 414/99, s. 2; am. B.C. Regs. 64/2005, s. 2; 197/2005, s. 1.]

Application

10.02  This Division applies only to a business vehicle or a commercial passenger vehicle for which a licence or temporary operating permit under the Passenger Transportation Act is required.

[en. B.C. Reg. 9/2010, s. 1.]

Standees in passenger vehicles

10.03  (1) Where a licence or permit under the Passenger Transportation Act authorizes standees to be carried in a commercial passenger vehicle, the vehicle shall be equipped with a sufficient number of handholds, straps, rails or other equipment to provide support for the number of standees authorized.

(2) Where the aisle width is 45 cm or more, measured at the seat baseline, the maximum number of standees shall be determined by dividing the total aisle area, measured in square centimetres, by 1700 cm2 and rounding the resultant quotient to the nearest whole number.

(3) Where the aisle width is less than 45 cm, measured at the seat baseline, the maximum number of standees shall be determined by dividing the length of the aisle, measured in centimetres, by 38 cm and rounding the resultant quotient to the nearest whole number.

(4) No person shall drive or operate a commercial passenger vehicle with more than the maximum number of standees allowed.

[en. B.C. Reg. 448/87, s. 2; am. B.C. Regs. 64/2005, ss. 4 and 5; 9/2010, s. 2.]

Passengers in business vehicles

10.04  (1) A person must not operate or cause to be operated a business vehicle on or in which a passenger is being transported unless there is a firmly fixed seat for each passenger, together with side and end boards at least 90 centimetres high.

(2) Subject to subsection (3), passengers may be transported in a manner that does not comply with subsection (1) if

(a) the business vehicle is also transporting freight,

(b) the passengers being transported are employees of the owner of the freight,

(c) the transportation of those employees is necessary

(i) for the transportation of livestock or poultry,

(ii) for loading and unloading the vehicle, or

(iii) for the use of tools, equipment or materials transported in the course of the registered owner's regular trade or business, and

(d) not more than 2 passengers, in addition to the driver, are transported on the front seat of the vehicle.

(3) A person must not operate or cause to be operated a business vehicle on or in which more than 2 passengers, in addition to the driver, are being transported if that vehicle is also carrying freight.

[en. B.C. Reg. 414/99, s. 4.]

Carriage of livestock or poultry

10.041  (1) In this section, "business vehicle" has the same meaning as in section 237 (a) and (c) of the Act.

(2) A person must not operate or cause to be operated on a highway a business vehicle on or in which livestock or poultry are being transported if the livestock or poultry are in a condition that renders them unfit for transport.

(3) A person who operates or causes to be operated on a highway a business vehicle on or in which livestock or poultry are being transported must

(a) provide adequate accommodation for the livestock and poultry to ensure that suffocation, injury or overcrowding does not occur,

(b) separate different species of livestock or poultry from one another, and separate calves from cattle, by the use of suitable partitioning, and

(c) when the outside temperature is below 0 Centigrade,

(i) use a closed van with reasonable provision for ventilation, or

(ii) protect the livestock and poultry from the weather by enclosing the sides and ends and a portion of the roof of the vehicle with canvas or other suitable material.

(4) A person must not operate or cause to be operated on a highway a business vehicle for the transportation of foodstuffs for human consumption if

(a) the vehicle is also transporting

(i) livestock or poultry, or

(ii) other freight that could contaminate the foodstuffs, or

(b) the vehicle has previously been used for the transportation of livestock or poultry or for the transportation of an offensive or putrefiable freight of any kind, unless the vehicle has been thoroughly cleaned and disinfected.

[en. B.C. Reg. 414/99, s. 4.]

Sanitation

10.05  Every operator of a commercial passenger vehicle shall maintain the vehicle in a clean and sanitary condition.

[en. B.C. Reg. 448/87, s. 2; am. B.C. Reg. 64/2005, s. 5.]

Application of federal construction standards

10.051  (1) In this section, "date of manufacture" means the latest of the dates on which a vehicle was

(a) first constructed by the original manufacturer, or

(b) altered by a manufacturer authorized under the Motor Vehicle Safety Act (Canada).

(2) Subject to subsections (3) and (4), a person must not operate, or cause to be operated, a bus, passenger car or multipurpose passenger vehicle, as those terms are defined in the Motor Vehicle Safety Regulations (Canada), C.R.C. 1038, that was manufactured after January 1, 1971, unless the vehicle

(a) conforms to the safety standards under that Act that applied to that class of vehicle on the date of manufacture, and

(b) bears a national safety mark, as that term is defined in the Motor Vehicle Safety Act (Canada), indicating compliance with the Canadian Motor Vehicle Safety Standards.

(3) Subsection (2) does not apply to a person who operates, or causes to be operated, an antique motor vehicle or a special sightseeing bus if the vehicle

(a) is operated as a commercial passenger vehicle, and

(b) has not been altered from the original manufacturer's specifications, other than to bring it into compliance with the requirements of this regulation respecting mechanical standards.

(4) The director may grant an exemption from subsection (2) in respect of a vehicle

(a) that was operated as a commercial passenger vehicle before the date this section comes into force,

(b) that does not, on that date, conform to safety standards or bear a national safety mark, as described in subsection (2) (a) and (b),

(c) to which subsection (3) does not apply,

(d) that was manufactured before January 1, 2005, and

(e) that is otherwise in compliance with this regulation.

[en. B.C. Reg. 197/2005, s. 2.]

Vehicle construction

10.06  (1) Repealed. [B.C. Reg. 197/2005, s. 3.]

(2) Except as provided for by subsection (3), a licensee shall ensure that the number of seats in each commercial passenger vehicle operated by him, including the driver's seat, does not exceed the whole number determined by subtracting the net weight of the vehicle from the manufacturer's gross vehicle weight rating and dividing the difference by

(a) 68 kg in the case of a vehicle which does not have a space or compartment designed for the storage of freight and personal baggage, and

(b) 80 kg in the case of all other vehicles.

(3) In the case of a commercial passenger vehicle equipped to transport persons with disabilities who use wheelchairs or mobility aids,

(a) for vehicles licensed and operated in commercial service before July 1, 2000, 120 kg must be allowed for each wheelchair position or mobility aid position, and

(b) for vehicles licensed and operated in commercial service after June 30, 2000, 150 kg must be allowed for each wheelchair position or mobility aid position.

(4) No person shall drive a commercial passenger vehicle that does not comply with subsection (2) or (3) or exceeds the manufacturer's gross vehicle weight rating.

[en. B.C. Reg. 448/87, s. 2; am. B.C. Regs. 236/2000, s. 1; 64/2005, ss. 5 and 6; 197/2005, s. 3.]

Seating

10.07  (1) This section does not apply in respect of a commercial passenger vehicle that conforms to safety standards and bears a national safety mark as described in section 10.051 (2) (a) and (b).

(1.1) The passenger-carrying compartment of a commercial passenger vehicle shall be so constructed as to afford normal and comfortable seating accommodation for the seated passengers with all seats in the compartment fully upholstered.

(2) Repealed. [B.C. Reg. 19/91.]

(3) Subject to subsection (4), the minimum distance between forward facing seats of a passenger vehicle measured on a horizontal line on top of the seat cushion from the back of the front seat to the undepressed face of the seat behind, shall be not less than 66 cm.

(4) Subsection (3) does not apply to a school bus manufactured to conform to both the Canada Motor Safety Standards applicable to school buses and the Canadian Standards Association's Standard D 250.

(5) A commercial passenger vehicle shall not be equipped with moveable or let down seats unless

(a) a licence or permit under the Motor Carrier Act or a licence or temporary operating permit under the Passenger Transportation Act authorizes persons to be seated in moveable or let down seats,

(b) the vehicle is a passenger car, as defined in the Canada Motor Vehicle Safety Standards, or a multi-purpose commercial passenger vehicle as defined in those standards,

(c) the manufacturer of the vehicle either designed it to be so equipped or installed all the moveable or let down seats in it, and

(d) the seats are installed to the rear of the driver.

(6) There shall be no passenger seat to the left of the driver of a commercial passenger vehicle.

(7) Where a commercial passenger vehicle has transverse front seating for the full width of the vehicle,

(a) not more than 2 passengers shall be carried on that seating, and

(b) 2 passengers shall not be carried on that seating in addition to the driver unless, having regard to the seating space occupied by the passengers, there remains adequate room for the driver to operate the vehicle safely.

(8) Despite subsections (1.1), (3) and (5), a commercial passenger vehicle may be equipped to transport persons using mobility aids if the manner in which the mobility aids are secured complies with Division 44 of this regulation and the Canadian Standards Association's Standard D 409, as amended from time to time.

(9) Repealed. [B.C. Reg. 64/2005, s. 7 (b).]

(10) Repealed. [B.C. Reg. 197/2005, s. 5 (c).]

[en. B.C. Reg. 448/87, s. 2; am. B.C. Regs. 19/91; 236/2000, s. 2; 64/2005, ss. 5 and 7; 197/2005, ss. 4 and 5.]

Aisle

10.08  (1) This section does not apply in respect of a commercial passenger vehicle that conforms to safety standards and bears a national safety mark as described in section 10.051 (2) (a) and (b).

(1.1) A commercial passenger vehicle having a seating capacity including the driver of more than 12 occupants shall have an aisle

(a) giving access from each seat to the entrance door,

(b) not less than 28 cm wide at the seat base-line, as measured on a horizontal line taken on top of the seat cushion, and

(c) not less than 40 cm at the standing hip level.

(2) Where a commercial passenger vehicle is equipped with an emergency door, an unobstructed aisle at least 25 cm wide at the seat base-line shall lead from each seat to the emergency door.

(3) The interior clearance height of a commercial passenger vehicle having a seating capacity including the driver of more than 12 occupants shall be

(a) greater than 172 cm, measured at the centreline of the entrance door, and

(b) if standees are authorized by a licence or temporary operating permit under the Passenger Transportation Act to be carried in the vehicle, greater than 188 cm in that portion of the interior intended for use by the standees.

[en. B.C. Reg. 448/87, s. 2; am. B.C. Regs. 64/2005, ss. 5 and 8; 197/2005, s. 4; 9/2010, s. 3.]

Entrance

10.09  (1) This section does not apply in respect of a commercial passenger vehicle that conforms to safety standards and bears a national safety mark as described in section 10.051 (2) (a) and (b).

(1.1) The entrance door of a commercial passenger vehicle having a seating capacity including the driver of more than 12 occupants shall,

(a) except in the case of a special sightseeing bus, be on the right side forward of the rear axle,

(b) have a minimum horizontal clear opening of 60 cm, and

(c) where it is controlled by power apparatus, be supplemented by auxiliary equipment that holds the door closed while permitting manual control whenever the power apparatus is inoperative.

(2) A commercial passenger vehicle having a seating capacity, including the driver, of more than 12 occupants shall have

(a) a step well guard panel not less than 75 cm in height at the rear of the entrance step well that extends the full width of the step well,

(b) a grab bar at the entrance door that is accessible from ground level and from each step and is inside the vehicle when the door is closed, and

(c) a lamp at each entrance door that illuminates the step nosings and is automatically switched on when the entrance door opens.

(3) Where only one wheel chair entrance door is provided, it shall not be on the left side of the vehicle.

[en. B.C. Reg. 448/87, s. 2; am. B.C. Regs. 64/2005, s. 5; 197/2005, s. 4.]

Emergency door

10.10  (1) This section does not apply in respect of a commercial passenger vehicle that conforms to safety standards and bears a national safety mark as described in section 10.051 (2) (a) and (b).

(1.1) Subject to section 10.11, every commercial passenger vehicle having a seating capacity including the driver of more than 12 occupants shall be equipped with an emergency exit door,

(a) located on the left side near the rear of the vehicle, or on the rear of the vehicle,

(b) and in the case of an emergency door located on the left side of the vehicle, be hinged on its forward vertical edge,

(c) affording a minimum horizontal clearance of 60 cm, and

(d) affording the maximum vertical clearance permitted by the body construction of the vehicle.

(2) The emergency door of a commercial passenger vehicle shall be equipped with an opening and fastening device that affords instant and easy release from both inside and outside the vehicle, is safeguarded against accidental release and cannot be operated from the driver's seat.

(3) The emergency door of a commercial passenger vehicle shall be identified by an interior and exterior sign reading "EMERGENCY DOOR" in letters not less than 38 mm in height.

(4) Subsection (1.1) (a) and (b) does not apply to a special sightseeing bus.

[en. B.C. Reg. 448/87, s. 2; am. B.C. Regs. 64/2005, s. 5; 197/2005, ss. 4 and 6.]

Emergency windows

10.11  (1) This section does not apply in respect of a commercial passenger vehicle that conforms to safety standards and bears a national safety mark as described in section 10.051 (2) (a) and (b).

(1.1) The number of emergency exit windows determined in accordance with subsection (2) may be provided in a commercial passenger vehicle in lieu of an emergency exit door if the windows are

(a) of the push-out type,

(b) able to be unlatched, opened or removed by the application of manual force from inside the vehicle by a person of average size,

(c) adequate in size to facilitate the speedy exit of all passengers, and

(d) identified by an interior sign reading "EMERGENCY EXIT", together with directions as to use in an emergency.

(2) The number of emergency exit windows referred to in subsection (1.1) shall be determined according to the seating capacity including the driver, as follows:

(a) seating capacity under 24 — at least one emergency exit window on each side;

(b) seating capacity 24 to 47 inclusive — at least 2 emergency exit windows on each side;

(c) seating capacity 48 and over — at least 3 emergency exit windows on each side.

(3) Notwithstanding subsection (2), a special sightseeing bus only requires one emergency exit window on each side on each level.

[en. B.C. Reg. 448/87, s. 2; am. B.C. Regs 64/2005, s. 5; 197/2005, ss. 4 and 7.]

Baggage and express

10.12  (1) If a commercial passenger vehicle is used for the transportation of baggage or express,

(a) adequate space shall be provided for its accommodation located so as not to interfere with the free and ready access to the entrance door, emergency exit door and emergency exit windows of the vehicle and constructed so as to prevent baggage falling onto or against any passenger, and

(b) the vehicle shall be constructed in such a manner that the baggage or express is protected from dust and moisture.

(2) No commercial passenger vehicle shall be equipped with a baggage carrier over the engine hood.

(3) The driver of a commercial passenger vehicle shall ensure that all baggage and express carried in or on any commercial passenger vehicle is

(a) loaded so as not to interfere with the free and ready access to the entrance door, emergency exit door and emergency exit windows, and

(b) stowed in such a manner as to prevent its falling on or against any passenger.

[en. B.C. Reg. 448/87, s. 2; am. B.C. Reg. 64/2005, ss. 5 and 9.]

Ventilation and exhaust

10.13  (1) Every commercial passenger vehicle shall be equipped with a controlled ventilating system of sufficient capacity to maintain a reasonable level of passenger comfort under operating conditions, without the opening of windows except in extremely warm weather.

(2) Every commercial passenger vehicle shall

(a) have a floor of metal or wood so constructed and maintained that moisture, dust and fumes cannot enter the vehicle,

(b) be fitted with slip-proof floor covering material, and

(c) be equipped with toe-boards, dash-panels, and engine covers that exclude moisture, dust and fumes from the passenger compartment.

(3) In addition to the requirements of section 7.03, every commercial passenger vehicle shall be equipped with an airtight metal exhaust pipe and muffler which carries the exhaust gases to a point beyond the body skirt of the vehicle.

[en. B.C. Reg. 448/87, s. 2; am. B.C. Reg. 64/2005, s. 5.]

Heater

10.14  No commercial passenger vehicle shall be equipped with an engine exhaust type heater.

[en. B.C. Reg. 448/87, s. 2; am. B.C. Reg. 64/2005, s. 5.]

Tool storage

10.15  Where a commercial passenger vehicle carries loose equipment such as tools, tire chains, etc., the equipment shall

(a) be carried in a compartment separate from the passenger compartment, or

(b) be secured to the interior of the passenger compartment by a device capable of withstanding a force equal to 20 times the weight of the equipment applied in any direction.

[en. B.C. Reg. 448/87, s. 2; am. B.C. Reg. 64/2005, s. 5.]

Fuel tank

10.16  In the case of a commercial passenger vehicle having a seating capacity including the driver of more than 12 occupants, no part of the fuel tank or container or intake pipe shall project beyond the sides or rear of the vehicle or be located within the passenger compartment.

[en. B.C. Reg. 448/87, s. 2; am. B.C. Reg. 64/2005, s. 5.]

Rearview mirrors

10.17  In addition to the requirements of section 7.04, every commercial passenger vehicle shall have

(a) one interior mirror, located so that a complete view of the interior of the vehicle as well as a view through the rear windows, where the vehicle is equipped with rear windows, can be had by the driver, and

(b) in the case of a commercial passenger vehicle of the type equipped with an exit door at the centre or rear of the vehicle, interior mirrors so mounted and adjusted as to reflect to the driver while seated in the driver's seat a clear and unobstructed view of the exit door and the step or steps leading to it.

[en. B.C. Reg. 448/87, s. 2; am. B.C. Reg. 64/2005, s. 5.]

Instruments

10.18  A commercial passenger vehicle and a business vehicle shall be equipped with at least one speedometer which shall be maintained in effective working order and located so as to be visible by the driver of the vehicle while in his normal seated position.

[en. B.C. Reg. 448/87, s. 2; am. B.C. Regs. 414/99, s. 3; 64/2005, s. 5.]

Retreaded tires

10.19  No person shall drive or operate a business vehicle or commercial passenger vehicle which is equipped on a steering axle with a tire that has been recapped or retreaded.

[en. B.C. Reg. 448/87, s. 2; am. B.C. Regs. 414/99, s. 3; 64/2005, s. 5.]

Interior lamp

10.20  (1) A commercial passenger vehicle shall be equipped with a lamp or lamps within the vehicle so arranged to illuminate the aisle of the vehicle to the rear of the driver.

(2) A person driving a commercial passenger vehicle having a seating capacity including the driver of more than 12 occupants shall insure that the light or lights referred to in subsection (1) are illuminated at all times that passengers are being carried between sunset and sunrise.

[en. B.C. Reg. 448/87, s. 2; am. B.C. Reg. 64/2005, s. 5.]

Towing by passenger vehicle

10.21  (1) No person shall drive or operate a commercial passenger vehicle while it is towing a trailer unless

(a) the manufacturer of the commercial passenger vehicle signifies, in writing, that the vehicle is suitable for towing a trailer, and the maximum gross vehicle weight of the trailer, and

(b) the trailer is equipped with brakes.

(2) A commercial passenger vehicle equipped with a rear emergency door shall not tow a trailer.

[en. B.C. Reg. 448/87, s. 2; am. B.C. Reg. 64/2005, s. 5.]

Spare and emergency equipment

10.22  (1) Every driver, licensee and permit holder of a commercial passenger vehicle that has a seating capacity of more than 10 including the driver must carry or cause to be carried on the vehicle the following:

(a) a Basic First Aid Kit or better as described in the Occupational First Aid Regulations of the Workers' Compensation Board;

(b) a spare tire;

(c) a dry powder type fire extinguisher that has, or 2 or more dry powder type fire extinguishers that collectively have, a UL Rating of at least 2A:10 BC, each of which fire extinguishers

(i) can be controlled so as to prevent the escape of the entire contents on single use,

(ii) is effective for reuse within not more than one hour after the first application,

(iii) is securely mounted in the forward end of the vehicle,

(iv) is in good working order, and

(v) is easily accessible to the driver.

(2) Repealed. [B.C. Reg. 64/2005, s. 10 (a).]

(3) A carrier must ensure that every business vehicle under the carrier's control is furnished with emergency equipment and spare equipment necessary to ensure compliance with this regulation.

(4) An operator of a vehicle referred to in subsection (3) must ensure that all of the equipment furnished in respect of the vehicle under subsection (3) is in the vehicle, is properly secured and is in good working order.

[en. B.C. Reg. 448/87, s. 2; am. B.C. Regs. 365/96; 414/99, s. 5; 64/2005, s. 10.]

Offences

10.23  (1) A holder of a licence or permit issued by the Motor Carrier Commission or a licence or a temporary operating permit under the Passenger Transportation Act commits an offence if the holder fails to ensure that a commercial passenger vehicle owned or operated by the holder is constructed and operated in conformance with the provisions of this Division.

(2) A carrier commits an offence if the carrier fails to ensure that a business vehicle owned or operated by the carrier is constructed and operated in conformance with the provisions of this Division.

[en. B.C. Reg. 414/99, s. 6; am. B.C. Reg. 64/2005, ss. 5 and 11.]

Spent

10.24  Spent.

Refuelling with passengers on board

10.25  (1) When a vehicle is being refuelled the nozzle of the fuel hose must be in contact with the intake of the fuel tank during the entire time of refuelling.

(2) The driver of a business vehicle or a driver or licensee of a commercial passenger vehicle must not allow the business vehicle or commercial passenger vehicle to be fuelled while

(a) the engine of the vehicle is running,

(b) a radio on the vehicle is transmitting, or

(c) the vehicle is close to any open flame or ignition source, including, without limitation, a person who is smoking.

(3) Despite section 19.12, the driver and passengers may remain on board a commercial passenger vehicle if the vehicle is refuelling with diesel fuel in an open area or in a structure open on both the entrance and exit ends.

(4) Subsection (3) does not apply to school buses or buses temporarily used for transporting school children.

[en. B.C. Reg. 258/96; am. B.C. Reg. 64/2005, ss. 5 and 12.]

Division 11 — School Buses

Interpretation

11.01  (1) In this Division:

"commercial passenger vehicle" has the same meaning as in the Passenger Transportation Act;

"intercity bus" means a bus that

(a) conforms to the safety standards under the Motor Vehicle Safety Act (Canada) that are applicable to "buses" or "school buses" on the date of manufacture,

(b) has a gross vehicle weight rating of not less than 9 100 kg, and

(c) is operated as a commercial passenger vehicle as defined in the Passenger Transportation Act under the authority of

(i) a licence or permit issued by the Motor Carrier Commission, or

(ii) a licence or temporary operating permit issued under the Passenger Transportation Act;

"passenger vehicle" means a motor vehicle that conforms to the safety standards under the Motor Vehicle Safety Act (Canada) that were applicable to passenger cars or multipurpose passenger vehicles under that Act on the date of manufacture of the motor vehicle;

"school" means a public school as defined in the School Act, a Provincial school as defined in that Act or an independent school as defined in the Independent School Act;

"school bus permit" means a school bus permit issued under section 11.03;

"taxi cab" means a motor vehicle that

(a) is a commercial passenger vehicle,

(b) is operated as a passenger directed vehicle as defined in the Passenger Transportation Act under the authority of

(i) a licence or permit issued by the Motor Carrier Commission, or

(ii) a licence or temporary operating permit issued under the Passenger Transportation Act, and

(c) is designed to carry not more than 10 persons including its driver;

"transit bus" means a bus operated some or all of the time to provide a regular scheduled public passenger transportation service as specified in an operating agreement made pursuant to the British Columbia Transit Act;

"yellow and black school bus" means a bus that on the date of its manufacture conformed to the safety standards under the Motor Vehicle Safety Act (Canada) and the standards made by the Canadian Standards Association numbered CSA D250, "School Buses" that were applicable to school buses on that date.

(2) This Division does not apply to a transit bus while it is providing regular scheduled public passenger transportation service as specified in an operating agreement made pursuant to the British Columbia Transit Act.

(3) This Division does not apply to an intercity bus while it is providing regularly scheduled public passenger transportation service under the authority of a licence or permit issued under the Motor Carrier Act or a licence or temporary operating permit issued under the Passenger Transportation Act.

[en. B.C. Reg. 292/89, s. 2; am. B.C. Regs. 82/2003, s. 1; 64/2005, s. 13.]

Prohibitions

11.02  (1) No person shall drive or operate on a highway or allow or cause to be driven or operated on a highway a vehicle as a school bus unless

(a) the registered owner or lessee of that vehicle holds a valid and subsisting school bus permit for it and the permit is carried in the vehicle while the vehicle is in operation,

(b) the vehicle is a taxi cab, or

(c) the vehicle is a passenger vehicle.

(2) No person shall drive or operate on a highway or allow or cause to be driven or operated on a highway a transit bus as a school bus.

[en. B.C. Reg. 292/89, s. 2.]

School bus permit

11.03  (1) On application of the registered owner or lessee of a yellow and black school bus or of a motor vehicle that is intended to be used as a special activity bus or special vehicle, the director may grant, on conditions the director requires, a school bus permit for the operation of the vehicle as a school bus.

(2) The holder of a school bus permit who disposes of all or part of his interest in the vehicle that is the subject of the permit shall forthwith notify the director, giving the particulars of the disposition.

(3) A school bus permit is not transferable from one vehicle to another, or from one owner or lessee to another.

[en. B.C. Reg. 292/89, s. 2; am. B.C. Regs. 413/97, App. 1, s. 7; 135/2003, ss. 1 and 3.]

Cancellation or suspension of school bus permits

11.04  The director is authorized to suspend or cancel a school bus permit if the director has reasonable and probable grounds to believe that the school bus described in the permit

(a) does not meet the requirements of Canadian Standards Association numbered CSA Standard D250, "School Buses",

(b) does not meet the standards of safety and repair prescribed by the minister under section 217 of the Act,

(c) is driven or operated, or has been driven or operated, in a manner contrary to any of the provisions of this regulation, or

(d) is or has been driven or operated on the highway in a manner hazardous to any person in the school bus or on or near a highway.

[en. B.C. Reg. 292/89, s. 2; am. B.C. Regs. 413/97, App. 1, s. 8; 82/2003, s. 2; 135/2003, ss. 1 and 3.]

School bus required

11.05  The authority in charge of a school and any person on the authority's behalf shall not use, allow or cause to be used on behalf of the authority a motor vehicle

(a) for conveying students by means of scheduled transportation, other than

(i) a yellow and black school bus, or a special vehicle, that is the subject of a permit issued under section 11.03 (1),

(ii) a taxi cab, or

(iii) a passenger vehicle approved by the Board of School Trustees or other authority in charge of the school, or

(b) for conveying students by means of non-scheduled transportation, other than

(i) a vehicle referred to in paragraph (a), or

(ii) a special activity bus that is the subject of a permit issued under section 11.03 (1).

[en. B.C. Reg. 292/89, s. 2.]

Passenger list required

11.06  The authority in charge of a school shall establish and maintain an accurate and up-to-date

(a) list of passengers entitled to ride a school bus used as scheduled transportation, and

(b) list of passengers riding in a school bus that is being used as non-scheduled transportation.

[en. B.C. Reg. 292/89, s. 2.]

Defective school bus not to be operated

11.07  (1) No person shall drive or operate on a highway, or allow or cause to be driven or operated on a highway, a school bus with any student on board at any time when the school bus is unsafe.

(2) Where a school bus is damaged, becomes defective or malfunctions while being driven or operated on a highway with any students on board, its driver shall, at the first indication of the damage, defect or malfunction, stop the school bus at, or as near as practical to, a place off the travelled portion of the highway.

(3) After a school bus has been stopped pursuant to subsection (2), no person shall drive or operate it on a highway, or allow or cause it to be driven or operated on a highway, with any student on board, until all repairs necessary to make the school bus safe have been completed.

[en. B.C. Reg. 292/89, s. 2.]

Substitute vehicle

11.08  (1) Where a school bus

(a) becomes temporarily unserviceable as a school bus,

(b) remains the subject of a valid school bus permit, and

(c) has not failed its most recent inspection under Division 25,

the operator of the school bus does not contravene this Division or B.C. Reg. 40/93, the Inspection Standards (Safety and Repair) Regulation, by using another bus, that conforms to the standards of safety and repair under B.C. Reg. 40/93 for buses that are not school buses, as a school bus in substitution for the unserviceable school bus for a period that does not exceed 72 consecutive hours from the notification under subsection (2).

(2) The operator of the school bus who uses or proposes to use another motor vehicle in substitution for an unserviceable school bus shall promptly notify the director of the substitution, or proposed substitution, giving particulars of the reason for it.

(3) The director may give the directions the director considers necessary respecting the operation of any substitute vehicle.

[en. B.C. Reg. 292/89, s. 2; am. B.C. Regs. 413/97, App. 1, s. 9; 135/2003, ss. 1 and 3.]

Pretrip inspection

11.09  (1) In the case of a school bus that is required to have a school bus permit under section 11.03, each day, before the bus is operated on a highway with students on board, the operator shall inspect it or cause it to be inspected.

(2) The inspection required by subsection (1) shall include an examination or test of

(a) all lamps and turn signal mechanisms,

(b) all wheel rims, nuts and tires,

(c) the exhaust system,

(d) suspension components,

(e) all emergency exits, service doors and warning buzzers,

(f) steering wheel free play,

(g) horn,

(h) mirrors,

(i) windows,

(j) windshield wipers and washers,

(k) service brake systems and parking brake systems,

(l) body panels, and

(m) emergency equipment.

(3) The operator shall not operate the school bus on the highway with students on board, or cause or allow it to be so operated, unless he has reasonable grounds to believe it is in safe working order.

[en. B.C. Reg. 292/89, s. 2.]

Cleaning floors

11.10  (1) The operator of a yellow and black school bus shall ensure that the floor of the school bus is washed at least once in each week with water containing a disinfectant solution.

(2) No person shall operate a school bus that is not in a clean and sanitary condition.

[en. B.C. Reg. 292/89, s. 2.]

Loading fuel

11.11  No person shall put fuel into the fuel tank of any school bus while the school bus is occupied by any passenger or while the engine is operating.

[en. B.C. Reg. 292/89, s. 2.]

Boarding school bus

11.12  (1) The driver of a school bus shall not open, or allow or cause to be opened, the door of the bus and allow any person to board or leave the bus unless

(a) the part of the roadway unoccupied by and to the left of the bus is at least 3 m wide and is clear and unobstructed for the full length of the bus, and

(b) there is a clear view of the bus for a distance of 60 m in each direction on the highway.

(2) The driver of a school bus shall not allow any person

(a) to board or leave the bus when it is moving,

(b) to board or leave the school bus other than on the right side of the bus, or

(c) to have access to the baggage compartments, if any, from the left side of the bus while occupying any part of the travelled portion of the highway.

(3) No person shall

(a) board or leave a school bus when it is moving,

(b) board or leave a school bus other than on the right side of the school bus, or

(c) have access to the baggage compartments, if any, from the left side of the bus while the bus is occupying any part of the travelled portion of the highway.

(4) The driver of a yellow and black school bus may, but need not, activate

(a) the alternately flashing lamps, or

(b) the stop arm on the school bus when the bus is stopping or stopped to load or unload passengers.

(5) The driver of a yellow and black school bus who activates the alternately flashing lamps on the school bus shall do so

(a) in sufficient time to give reasonable warning to the drivers of other vehicles who are required to stop, and

(b) throughout the entire process of loading or unloading students.

(6) No person shall operate the alternating flashing lamps or the stop arm on a yellow and black school bus unless the vehicle is stopped or stopping to load or unload students.

[en. B.C. Reg. 292/89, s. 2.]

Seating capacity

11.13  (1) For purposes of subsections (3) and (4), a passenger on a bus that is a school bus is comfortably and securely seated

(a) on a bench seat not equipped with seat belt assemblies if neither hip, nor any hip of another person on the seat, extends beyond the edge of the seat cushion,

(b) on a bench seat equipped with seat belt assemblies if he may make exclusive use of one of the seat belt assemblies on the seat, or

(c) on a seat designed for one person if he is the only person on it.

(2) For purposes of this section, the designated school bus capacity of a motor vehicle is the designated school bus capacity applicable to the motor vehicle under the Motor Vehicle Safety Act (Canada), or, if none is applicable to the motor vehicle under those standards, then the designated school bus seating capacity of the vehicle is the sum of the seating positions in the vehicle, including seating positions for drivers, ascertained as follows:

(a) the number of seating positions on a bench seat not equipped with seat belt assemblies equals the whole number obtained by dividing the seat width in millimetres by 381 mm and then, if a fraction forms part of the quotient, rounding down if it is less than half or up if it is half or more;

(b) the number of seating positions on a seat designed for one person is one;

(c) the number of seating positions on a seat equipped with one or more seat belt assemblies is the same as the number of seat belt assemblies on it.

(3) The driver of a school bus shall not

(a) allow any person to ride on the school bus unless the person is comfortably and securely seated on a passenger seat, or

(b) move the bus or cause it to move unless he is reasonably certain that every passenger on the bus is comfortably and securely seated.

(4) No person shall drive or operate on a highway, or allow or cause to be driven or operated on a highway, a school bus carrying more persons, including the driver, than the lesser of

(a) the number of persons who can be comfortably and securely seated, or

(b) the designated school bus seating capacity.

(5) Repealed. [B.C. Reg. 82/2003, s. 3.]

[en. B.C. Reg. 292/89, s. 2; am. B.C. Reg. 82/2003, s. 3.]

School bus signs

11.14  (1) No person shall drive or operate on a highway, or allow or cause to be driven or operated on a highway, as a school bus, a motor vehicle other than a taxi cab or a passenger vehicle unless the words "School Bus" are plainly marked on it.

(2) No person shall drive or operate on a highway, or allow to be driven or operated on a highway, a motor vehicle marked "School Bus" except at a time when it

(a) is being used as a school bus, or

(b) is on its way to or from a maintenance or inspection facility, or to or from an approved route.

[en. B.C. Reg. 292/89, s. 2.]

National safety mark

11.15  No person shall drive or operate on a highway, or allow or cause to be driven on a highway, a motor vehicle used as a school bus unless it bears the National Safety Mark and displays the statement of compliance referred to in section 223 of the Motor Vehicle Act.

[en. B.C. Reg. 292/89, s. 2.]

Mechanical standards

11.16  (1) If an application is made for a school bus permit in respect of a motor vehicle, the standards of construction applicable to that motor vehicle for the purposes of the application are the standards made by the Canadian Standards Association numbered CSA Standard D250, "School Buses" that were applicable to school buses on that date.

(2) A change, reconstruction or modification made to a school bus must conform to the CSA Standard referred to in subsection (1) that was applicable to the school bus on the date of the change, reconstruction or modification.

[en. B.C. Reg. 82/2003, s. 4.]

Removal of "school bus" insignia on disposition of bus

11.17  On the disposition of a yellow and black school bus by the owner or operator to another person who is not a yellow and black school bus operator, the person disposing of the bus shall remove any alternating flashing lamps and any stop arm fitted to it and shall either remove or paint over any "School Bus" signs and the warning signs associated with the alternating flashing lamps.

[en. B.C. Reg. 292/89, s. 2.]

Weight restrictions

11.18  No person shall drive or operate on a highway, or allow or cause to be driven or operated on a highway, a school bus if

(a) its gross axle weight exceeds its gross axle weight rating, or

(b) its gross vehicle weight exceeds its gross vehicle weight rating,

as determined by the school bus statement of compliance under the Motor Vehicle Safety Act (Canada).

[en. B.C. Reg. 292/89, s. 2.]

Taxi cab

11.19  No person shall operate a taxi cab as a school bus to carry

(a) more than one passenger, in addition to the driver, in the front seat,

(b) a passenger, in addition to the driver, in the front seat in other than the right front passenger's position, or

(c) a passenger in a position that is not equipped with a seat belt.

[en. B.C. Reg. 292/89, s. 2.]

Offence

11.20  A person who contravenes section 11.02 (1) or (2), 11.03 (2), 11.05, 11.06, 11.07 (1), (2) or (3), 11.08 (2), 11.09 (1) and (3), 11.10 (1) or (2), 11.11, 11.12 (1), (2), (3), (5) or (6), 11.13 (3), (4) or (5), 11.14 (1) or (2), 11.15, 11.17, 11.18 or 11.19 commits an offence.

[en. B.C. Reg. 292/89, s. 2.]

Division 12

Repealed

12.01—12.06  Repealed. [B.C. Reg. 227/2004, s. (a).]

Division 13

Repealed

13.01  Repealed. [B.C. Reg. 227/2004, s. (a).]

Division 14 — Temporary Operation Permits

Temporary operation permit

14.01  (1) The Insurance Corporation of British Columbia or a person

(a) employed in the ministry of a minister responsible in whole or in part for the Act or the Commercial Transport Act, and

(b) designated by the corporation by name or position

may grant a permit for the temporary operation on a highway of a motor vehicle or trailer that may or may not have been licensed or registered under the Act or the Commercial Transport Act.

(2) A permit under this section must cover a period, not exceeding 15 days, specified in the permit by the Insurance Corporation of British Columbia or designated person and, subject to this section, the corporation or designated person may include in the permit the terms and conditions the corporation or designated person considers appropriate for the temporary operation of the motor vehicle or trailer.

(3) Repealed. [B.C. Reg. 64/2005, s. 14.]

(4) A permit under this section is not valid for the operation of a vehicle for which a prohibition under Division 25 is in force.

(5) A permit under this section may be granted for a laden commercial vehicle weighing 5 000 kg gross vehicle weight or less or for any other motor vehicle, trailer or semi-trailer.

(6) A permit under this section for a laden commercial vehicle weighing more than 5 000 kg gross vehicle weight may not be granted unless

(a) the load is a single load, and

(b) the trip is only a one way trip from point to point in British Columbia with no pick up or drop off of a load or partial load allowed en route.

[en. B.C. Reg. 447/2004, s. 3; am. B.C. Reg. 64/2005, s. 14.]

Repealed

14.011—14.012  Repealed. [B.C. Reg. 447/2004, s. 4.]

Fees, without load

14.02  The Insurance Corporation of British Columbia or designated person must not grant a permit under section 14.01 for the operation of a vehicle other than one described in section 14.03 unless the corporation or designated person has received

(a) the fee specified in item 7 (b) of the Schedule to the Motor Vehicle Fees Regulation, B.C. Reg. 334/91, and

(b) the premium payable under the Insurance (Vehicle) Act.

[en. B.C. Reg. 447/2004, s. 5; am. B.C. Reg. 161/2007, s. 4.]

Fees, with load

14.03  The Insurance Corporation of British Columbia or designated person must not grant a permit under section 14.01 for the operation of a laden commercial vehicle weighing more than 5 000 kg gross vehicle weight unless the corporation or designated person has received

(a) the fee specified in item 7 (c) of the Schedule to the Motor Vehicle Fees Regulation, B.C. Reg. 334/91, and

(b) the premium payable under the Insurance (Vehicle) Act.

[en. B.C. Reg. 447/2004, s. 5; am. B.C. Reg. 161/2007, s. 4.]

Temporary operation permit for inspection

14.04  (1) The Insurance Corporation of British Columbia or a person

(a) employed in the ministry of the minister responsible in whole or in part for the Act or the Commercial Transport Act, and

(b) designated by the corporation

may grant to any person, without fee and for the purpose described in subsection (2), a permit for the temporary operation of a motor vehicle or trailer, subject to the terms and conditions set out in the permit, from the place of residence of the owner or a garage or other place of repair to a designated inspection facility and return.

(2) The purpose referred to in subsection (1) is to facilitate the presentation of the motor vehicle or trailer for inspection or repair as required by Division 25.

(3) A motor vehicle or trailer operated in accordance with a permit under this section need not have an inspection certificate affixed to it under Division 25.

[en. B.C. Reg. 447/2004, s. 5.]

Repealed

14.05  Repealed. [B.C. Reg. 303/91, s. 5.]

Division 14A

Repealed

14A.01  Repealed. [B.C. Reg. 236/2009, s. (b).]

Division 15

Repealed

15.01  Repealed. [B.C. Reg. 205/72, s. 11.]

Division 16

Repealed

16.01  Repealed. [B.C. Reg. 595/80, s. (a).]

Division 17

Repealed

17.01  Repealed. [B.C. Reg. 595/80, s. (a).]

Division 18 — Enforcement of Rules of the Road

Parking prohibited at yellow curb

18.01  Except where a bylaw of a municipality provides otherwise, a traffic control device consisting of a curb painted yellow instructs every driver of a vehicle that no person shall stop, park or leave standing any motor vehicle attended or unattended, except where necessary to avoid conflict with other traffic or in compliance with the direction of a peace officer.

[en. B.C. Reg. 145/64.]

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