Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc

"Point in Time" Regulation Content

Motor Vehicle Act

Motor Vehicle Act Regulation

B.C. Reg. 26/58

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 June 7, 2012
September 22, 2015
February 7, 2018
Section 2.011 June 7, 2012
Section 3.0111 November 1, 2015
Section 3.012 November 1, 2015
Section 3.021 November 1, 2015
Section 3.06 March 18, 2013
Section 3.09 November 15, 2009
Section 3.10 November 15, 2009
Section 4.28 April 20, 2012
April 1, 2013
Section 7.001 September 22, 2015
Section 7.01 July 4, 2016
Section 7.162 September 22, 2015
Section 7.163 September 22, 2015
Section 7.164 September 22, 2015
Section 7.18 February 1, 2010
Section 10.02 January 14, 2010
Section 10.03 January 14, 2010
Section 10.08 January 14, 2010
Section 11.01 February 7, 2018
Section 11.02 February 7, 2018
Division 14A October 9, 2009
Division 14A March 31, 2010
Section 19.03 September 22, 2015
Section 19.11 January 1, 2007
Section 19.13 November 28, 2016
Section 22A.01 June 30, 2017
Section 22A.03 March 1, 2017
Section 23.02 February 4, 2010
April 1, 2010
Section 23.05 February 4, 2010
April 1, 2010
Section 23.06 February 4, 2010
April 1, 2010
Section 23.07 February 4, 2010
April 1, 2010
Section 23.08 February 4, 2010
April 1, 2010
Section 23.12 February 4, 2010
April 1, 2010
June 5, 2017
Division 23 Schedule 1 March 2, 2016
June 2, 2016
June 5, 2017
Division 23 Schedule 2 September 29, 2016
Division 23 Schedule 5 February 4, 2010
April 1, 2010
Section 24.01 June 7, 2012
March 1, 2017
Section 24.02 June 7, 2012
Section 24.02.01 June 7, 2012
Section 24.03 June 7, 2012
November 17, 2014
Section 24.03.01 June 7, 2012
Section 24.04 June 7, 2012
Section 24.05 June 7, 2012
November 17, 2014
Section 24.06 June 7, 2012
Section 24.07 June 7, 2012
Section 24.08 June 7, 2012
Section 24.09 June 7, 2012
November 17, 2014
Part 2.1 Section 24.09.01 and 24.09.02 June 7, 2012
Section 24.10 June 7, 2012
Section 24.11 June 7, 2012
Section 24.12 June 7, 2012
Section 24.17 June 7, 2012
Section 24.18 June 7, 2012
Section 24.20 June 7, 2012
Part 3.1 Section 24.211 to 24.217 September 6, 2016
Section 24.211 June 5, 2017
Section 24.213 June 5, 2017
Section 24.214 June 5, 2017
Section 24.22 June 7, 2012
January 1, 2012
Section 25.17 June 25, 2010
Section 25.31 June 25, 2010
Section 25.32 June 25, 2010
Division 26 Section 26.04 to 26.10 May 31, 2012
Section 27.03 December 6, 2010
December 23, 2012
March 1, 2017
Section 27.05 July 1, 2012
Section 27.07 December 23, 2012
March 1, 2017
Section 27.08 December 23, 2012
Section 28.01 March 2, 2016
Section 28.02 March 2, 2016
June 1, 2016
Division 28 Schedule June 1, 2012
Division 28 Schedule Table 2 February 1, 2010
October 20, 2014
June 12, 2015
June 1, 2016
Division 28 Schedule Table 2.1 June 1, 2016
Division 29 Section 29.01 to 29.35 March 2, 2016
Section 30.01 February 1, 2010
June 4, 2010
May 31, 2012
Section 30.05 December 23, 2012
Section 30.072 February 1, 2010
Section 30.09 December 23, 2012
Section 30.11 March 17, 2015
Section 30.13 June 1, 2016
Section 30A.02 December 23, 2012
February 10, 2013
Division 30C Section 30C.01 July 30, 2010
Division 30D Section 30D.01 and 30D.02 February 10, 2013
Division 30E Section 30E.01 to 30E.03 January 30, 2014
Section 35.02 September 9, 2011
Section 36.01 May 12, 2010
February 7, 2018
Division 38 September 29, 2016
Section 38.01 September 29, 2016
Section 38.02 September 29, 2016
Section 38.03 September 29, 2016
Section 38.04 September 29, 2016
Section 38.05 September 29, 2016
Section 38.06 September 29, 2016
Section 38.07 September 29, 2016
Section 38.08 September 29, 2016
Section 39.03 January 14, 2010
Division 40 Section 40.01 to 40.16 March 1, 2017
Division 40B Section 40B.01 to 40B.03 October 1, 2010
Division 40B Schedule U December 6, 2010
Division 40B Schedule W December 6, 2010
Section 40.01 March 2, 2016
July 4, 2016
Section 41.01 December 6, 2010
November 24, 2014
Section 41.02 December 6, 2010
Section 42.01 June 25, 2010
March 2, 2016
Section 42.02 June 25, 2010
March 2, 2016
Section 42.03 June 25, 2010
March 2, 2016
Section 43.01 September 20, 2010
Section 43.02 to 43.07 September 20, 2010
Section 43.08 September 20, 2010
Section 43.09 September 20, 2010
Division 43 September 20, 2010
September 20, 2010
June 15, 2012
Section 44.2 January 1, 2011
Division 46 February 3, 2016
Section 46.10 June 16, 2016
Section 47.01 April 1, 2013
January 1, 2015
Section 47.02 January 1, 2015

 Section 1 definition of "golf cart" BEFORE repealed by BC Reg 128/2012, effective June 7, 2012.

"golf cart" means a motor vehicle originally designed and manufactured to carry golfers and their equipment;

 Section 1 definition of "utility vehicle", paragraph (c) BEFORE amended by BC Reg 128/2012, effective June 7, 2012.

"utility vehicle" means a motor vehicle that at the time the vehicle was manufactured was not designed to conform to the standards prescribed in the Motor Vehicle Safety Act (Canada) for motor vehicles designed for use on a highway, including

(a) all terrain vehicles,

(b) golf carts, when used or adapted for a utility purpose unrelated to carrying golfers and their equipment,

(c) person lifts,

(d) forklifts,

(e) light tractors,

(f) mowers,

(g) sweepers, and

(h) other motor vehicles used for light industrial, maintenance or landscaping purposes,

but does not include a motor vehicle that is licensed under section 8, 9 or 10 of the Act;

 Section 1 definition of "chains" was added by BC Reg 177/2015, effective September 22, 2015.

 Section 1 definition of "CMVSS" was added by BC Reg 11/2018, effective February 7, 2018.

 Section 2.011 BEFORE re-enacted by BC Reg 128/2012, effective June 7, 2012.

 Application

2.011  Except as otherwise provided in Division 24, Divisions 4 [Lamps], 5 [Brakes], 7 [Other Equipment] and 7B [Slow Moving Vehicles and Equipment] do not apply to the following vehicles:

(a) utility vehicles;

(b) snowmobiles, snow vehicles or air cushion vehicles;

(c) neighbourhood zero emission vehicles;

(d) golf carts.

[en. B.C. Reg. 351/2008, Sch. s. 2.]

 Section 3.0111 was enacted by BC Reg 193/2015, effective November 1, 2015.

 Section 3.012 (a) BEFORE amended by BC Reg 193/2015, effective November 1, 2015.

(a) in the case of a motor vehicle licensed under the Commercial Transport Act that has a licensed gross vehicle weight exceeding 5 500 kg, to the place provided on the front number plate, or

 Section 3.012 (a.1) was added by BC Reg 193/2015, effective November 1, 2015.

 Section 3.021 was enacted by BC Reg 193/2015, effective November 1, 2015.

 Section 3.06 (1) BEFORE amended by BC Reg 375/2012, effective March 18, 2013.

(1)  For this section, "spouse" means a person who was married to another person at the relevant time or who was living for at least 2 years immediately before the relevant time in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

 Section 3.09 (b) BEFORE amended by BC Reg 232/2009, effective November 15, 2009.

(b) surrender them to an office of the Insurance Corporation of British Columbia together with an application for remission of fees in the prescribed form.

 Section 3.10 (1) (part) BEFORE amended by BC Reg 232/2009, effective November 15, 2009.

(1)  On receipt of a certificate of the Insurance Corporation of British Columbia that states that a set of number plates has been surrendered under section 3.09, the Minister of Finance may remit to the person surrendering the number plates

 Section 3.10 (1) (a) BEFORE amended by BC Reg 232/2009, effective November 15, 2009.

(a) 1/12 of the licence fee for each month that remains in the term of the licence,

 Section 4.28 (8) (h) was added by BC Reg 90/2012, effective April 20, 2012.

 Section 4.28 (2) (c) BEFORE amended by BC Reg 145/2013, effective April 1, 2013.

(c) an ambulance, as defined in the Health Emergency Act, if the ambulance is responding to an emergency call or transporting a patient and it is essential for the ambulance to gain the right of way;

 Section 7.001 was enacted by BC Reg 177/2015, effective September 22, 2015.

 Section 7.01 (1) and (2) BEFORE amended by BC Reg 164/2016, effective July 4, 2016.

(1) Subject to subsections (2) and (3), no person shall drive or operate a vehicle on a highway unless the vehicle is equipped as required by this Division.

(2) An antique motor vehicle or a collector motor vehicle not originally designed and manufactured to be in compliance with sections 7.02 to 7.04, 7.05 (3), (4) and (7), 7.06, 7.09, 7.16, 7.161 (4) and 7.19 need not be equipped as required by those sections.

 Section 7.01 (4) and (5) were added by BC Reg 164/2016, effective July 4, 2016.

 Section 7.162 BEFORE re-enacted by BC Reg 177/2015, effective September 22, 2015.

Winter tires

7.162   A winter tire as defined in section 208 of the Act shall have not less than 3.5 mm of tread depth across the surface of the tire in contact with the road.

[en. B.C. Reg. 161/76, s. 1; am. B.C. Reg. 343/77.]

 Section 7.163 was enacted by BC Reg 177/2015, effective September 22, 2015.

 Section 7.164 was enacted by BC Reg 177/2015, effective September 22, 2015.

 Section 7.18 BEFORE repealed by BC Reg 308/2009, effective February 1, 2010.

 Television sets

7.18  (1)  Except as provided in subsection (2), no person shall drive or cause to be driven a vehicle in which the image displayed from a television set in the vehicle is visible to that person.

(2)  Subsection (1) does not apply if the image displays information or data solely designed to assist the driver

(a) in the safe operation of the vehicle or the safety and security of its load or its passengers,

(b) to reach a destination in due timeliness,

(c) who is a peace officer, to carry out his duties as a peace officer, or

(d) to assess fees or charges payable by passengers or users of the vehicle.

(3)  No person shall drive or cause to be driven a vehicle in which a television set is installed unless it is securely and safely mounted in the vehicle in a position which does not obstruct the view of the driver.

[en. B.C. Reg. 466/88.]

 Section 10.02 BEFORE re-enacted by BC Reg 9/2010, effective January 14, 2010.

 Application

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

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

 Section 10.03 (1) BEFORE amended by BC Reg 9/2010, effective January 14, 2010.

(1)  Where a licence or permit, under the Passenger Transportation Act or the Motor Carrier 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.

 Section 10.08 (3) (b) BEFORE amended by BC Reg 9/2010, effective January 14, 2010.

(b) if standees are authorized by licence or permit under the Motor Carrier Act or 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.

 Section 11.01 (1) definition of "multifunction school activity bus" was added by BC Reg 11/2018, February 7, 2018.

 Section 11.01 (1) definition of "yellow and black school bus" BEFORE amended by BC Reg 11/2018, February 7, 2018.

"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.

 Section 11.02 (2) BEFORE amended by BC Reg 11/2018, February 7, 2018.

(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.

 Division 14A was enacted by BC Reg 236/2009, effective October 9, 2009.

 Division 14A, section 14A.01 BEFORE repealed by BC Reg 236/2009, effective March 31, 2010.

Division 14A - Alternative Temporary Operation Permits

 Non-resident vehicle or trailer permit

14A.01  (1)  In addition to its powers to grant a temporary operation permit under Division 14, the Insurance Corporation of British Columbia or a person authorized in writing by the corporation may grant a permit in accordance with this Division for the temporary operation on a highway of a motor vehicle or trailer that is registered or licensed outside British Columbia

(a) on application in the form established by the Insurance Corporation of British Columbia and the corporation being satisfied of the truth of the facts stated in the application, and

(b) on receipt of proof of financial responsibility that is satisfactory to the corporation.

(2)  A permit under this Division

(a) may only be granted

(i)  to a person who is ordinarily resident outside British Columbia, and

(ii)  for the period beginning on November 1, 2009, and ending on March 31, 2010, or for a portion of that period,

(b) may not be granted in respect of a commercial vehicle, and

(c) is valid only

(i)  during the period referred to in paragraph (a) (ii) or the portion of that period for which the permit is granted, and

(ii)  for as long as the vehicle or trailer is licensed in the owner's ordinary place of residence.

(3)  Item 7 (d) of the Schedule to the Motor Vehicle Fees Regulation, B.C. Reg. 334/91, does not apply to a permit granted under this Division.

[en. B.C. Reg. 236/2009, s. (a).]

 Section 19.03 (1) (b) BEFORE amended by BC Reg 177/2015, effective September 22, 2015.

(b) a vehicle having wheels, tires or tracks constructed or equipped with projecting spikes, cleats, ribs, clamps, flanges, lugs or other attachments or projections, which extend beyond the tread or traction surface of the wheel, tread or track, but such a vehicle may be driven or operated on a highway not having a cement-concrete, asphaltic-concrete, bituminous treated or other stabilized or wooden surface.

 Section 19.03 (2), (3) and (4) BEFORE amended by BC Reg 177/2015, effective September 22, 2015.

(2) Subsection (1) does not apply to the use of tire chains of reasonable proportions on a motor vehicle when required for safety.

(3) Subsection (1) (b) does not prohibit the use, at any time between October 1 in one year and April 30 in the next year, of studs that do not protrude more than 3.5 mm from the tread or traction surface of a tire, if

(a) there are not more than a total of 130 studs in the tire if it is a tire for a motor vehicle having a gross vehicle weight of not more than 4 600 kg, or 175 studs in the tire if it is a tire for a motor vehicle having a greater gross vehicle weight, and

(b) no studs are used in a tire on the front wheel of a motor vehicle unless each rear wheel has at least one studded tire, but this paragraph does not apply to a truck with a licensed gross vehicle weight of 9 100 kg or more and which is equipped with a device to allow the installation of a snowplough.

(4) The minister charged with the administration of the Transportation Act may, whenever in his opinion the use of tire studs is causing undue wear to a highway or bridge or is hazardous to the safety of those using the highways, by written order published in the Gazette, suspend the application of this subsection with respect to any highway or part thereof.

 Section 19.11 (4) and (5) BEFORE self-repealed by BC Reg 26/58, effective January 1, 2007.

(4)  Subsection (1) does not apply to a tow car with a gross vehicle weight rating of 5 500 kg or less towing a vehicle weighing not more than 50% of the tow car's gross vehicle weight rating.

(5)  Subsection (4) and this subsection are repealed on January 1, 2007.

 Section 19.13 BEFORE re-enacted by BC Reg 211/2015, effective November 28, 2016.

Extraprovincial society

19.13   An extraprovincial society registered under the Society Act is prescribed for the purposes of section 4 (2) (c) of the Act.

[en. B.C. Reg. 23/94.]

 Section 22A.01 (1) (c) BEFORE amended by BC Reg 105/2017, effective June 30, 2017.

(c) is described in Item 1, 2 or 3 of the following table:

 Section 22A.01 (1) table BEFORE amended by BC Reg 105/2017, effective June 30, 2017.

ItemVehicleRequirements
125 year old vehicleA vehicle that is
(a) at least 25 years old, and
(b) maintained or restored to a condition that conforms
to the original manufacturer's specifications.
215 year old vehicleA vehicle that is
(a) at least 15 years old and
(i) no longer produced, or
(ii) of limited availability, and
(b) maintained or restored to a condition that conforms
to the original manufacturer's specifications.
3Modified motor vehicleA vehicle that is
(a) registered in British Columbia as a 1958 or earlier model, and
(b) of a manufacturer's make to which a person who is not
a manufacturer of motor vehicles has done
one or more of the following:
(i) altered the body of the motor vehicle so that it resembles,
but is no longer identical in appearance to,
the original body of the motor vehicle;
(ii) altered or replaced one or more of the following so that
they differ from the manufacturer's available
original equipment options for the model year of that motor vehicle:
(A) the chassis;
(B) the power train;
(C) the steering and braking mechanical components.

 Section 22A.01 (3) was added by BC Reg 105/2017, effective June 30, 2017.

 Section 22A.03 (2) BEFORE amended by BC Reg 61/2017, effective March 1, 2017.

(2) An application under subsection (1) must include

(a) evidence, including photographs of the vehicle, satisfactory to the Insurance Corporation of British Columbia, to establish that the vehicle meets the requirements of this Division, and

(b) a valid passed AirCare inspection report for the vehicle, unless the vehicle is exempt under section 2 (a), (b), (e), (f) or (h) or 3 of B.C. Reg. 320/92, the Emission Inspection Exemption Regulation.

 Section 23.02 BEFORE amended by BC Reg 39/2010, effective February 4, 2010.

 Schedule 1 signs authorized

23.02  All traffic signs corresponding to those depicted in Schedule 1 of this Division shall conform with respect to shape, colour, minimum dimensions, symbols, wording and reflectorization to the standard traffic signs shown and described in Schedule 1.

[en. B.C. Reg. 598/77, s. 1; am. B.C. Reg. 301/86, s. 1.]

 Section 23.02 BEFORE amended by BC Reg 39/2010, effective April 1, 2010.

 Schedule 1 signs authorized

23.02  All traffic signs corresponding to those depicted in Schedules 1 and 5 of this Division shall conform with respect to shape, colour, minimum dimensions, symbols, wording and reflectorization to the standard traffic signs shown and described in those schedules.

[en. B.C. Reg. 598/77, s. 1; am. B.C. Regs. 301/86, s. 1; 39/2010, App. A, s. 1.]

 Section 23.05 BEFORE amended by BC Reg 39/2010, effective February 4, 2010.

 Traffic sign meanings

23.05  All traffic signs depicted in Schedules 1 and 2 shall have the titles and meanings accompanying each sign illustration or group of illustrations. The words "regulatory" and "warning" following the title of a sign or group of signs in a schedule designates the sign type.

[en. B.C. Reg. 598/77, s. 1; am. B.C. Reg. 531/2004, s. 2.]

 Section 23.05 BEFORE amended by BC Reg 39/2010, effective April 1, 2010.

 Traffic sign meanings

23.05  All traffic signs depicted in Schedules 1, 2 and 5 shall have the titles and meanings accompanying each sign illustration or group of illustrations. The words "regulatory" and "warning" following the title of a sign or group of signs in a schedule designates the sign type.

[en. B.C. Reg. 598/77, s. 1; am. B.C. Regs. 531/2004, s. 2; 39/2010, App. A, s. 2.]

 Section 23.06 BEFORE amended by BC Reg 39/2010, effective February 4, 2010.

 Non-schedule signs

23.06  All regulatory or warning signs, other than those depicted in Schedules 1 and 2 shall conform in design and colour with regulatory or warning signs of similar functional type shown in the 2 schedules.

[en. B.C. Reg. 598/77, s. 1; am. B.C. Reg. 531/2004, s. 3.]

 Section 23.06 BEFORE amended by BC Reg 39/2010, effective April 1, 2010.

 Non-schedule signs

23.06  All regulatory or warning signs, other than those depicted in Schedules 1, 2 and 5 shall conform in design and colour with regulatory or warning signs of similar functional type shown in those schedules.

[en. B.C. Reg. 598/77, s. 1; am. B.C. Regs. 531/2004, s. 3; 39/2010, App. A, s.3.]

 Section 23.07 BEFORE amended by BC Reg 39/2010, effective February 4, 2010.

 Sign dimensions

23.07  Sign dimensions, as shown in Schedules 1 and 2, are the minimum dimensions that may be used. If a larger sign is used, it shall have the same proportionate shape as its minimum. For diamond shaped and triangular shaped signs, the dimensions are for the sign sides, not the diameters. Dimensions specified for any other sign shape are for the horizontal diameter followed by the vertical diameter.

[en. B.C. Reg. 598/77, s. 1; am. B.C. Reg. 531/2004, s. 2.]

 Section 23.07 BEFORE amended by BC Reg 39/2010, effective April 1, 2010.

 Sign dimensions

23.07  Sign dimensions, as shown in Schedules 1, 2 and 5, are the minimum dimensions that may be used. If a larger sign is used, it shall have the same proportionate shape as its minimum. For diamond shaped and triangular shaped signs, the dimensions are for the sign sides, not the diameters. Dimensions specified for any other sign shape are for the horizontal diameter followed by the vertical diameter.

[en. B.C. Reg. 598/77, s. 1; am. B.C. Regs. 531/2004, s. 2; 39/2010, App. A, s.4.]

 Section 23.08 BEFORE amended by BC Reg 39/2010, effective February 4, 2010.

 Substitution

23.08  Wherever the word "reflectorized" is used in Schedules 1 and 2, the word "illuminated" may be substituted.

[en. B.C. Reg. 598/77, s. 1; am. B.C. Reg. 531/2004, s. 2.]

 Section 23.08 BEFORE amended by BC Reg 39/2010, effective April 1, 2010.

 Substitution

23.08  Wherever the word "reflectorized" is used in Schedules 1, 2 and 5, the word "illuminated" may be substituted.

[en. B.C. Reg. 598/77, s. 1; am. B.C. Regs. 531/2004, s. 2; 39/2010, App. A, s.4.]

 Section 23.12 BEFORE amended by BC Reg 39/2010, effective February 4, 2010.

 Traffic sign changes

23.12  Where a warning or regulatory sign other than a 30 KILOMETRES PER HOUR TAB is erected by an authority, the authority may substitute another weight, speed, distance or time for the weight, speed, distance or time set out in Schedule 1 or 2 in respect of that sign and the sign erected with this change is valid for the purpose of Schedule 1 or 2 as the case may be.

[en. B.C. Reg. 72/90, s. 1; am. B.C. Regs. 36/92; 531/2004, s. 4.]

 Section 23.12 BEFORE amended by BC Reg 39/2010, effective April 1, 2010.

 Traffic sign changes

23.12  Where a warning or regulatory sign other than a 30 KILOMETRES PER HOUR TAB is erected by an authority, the authority may substitute another weight, speed, distance or time for the weight, speed, distance or time set out in Schedule 1, 2 or 5 in respect of that sign and the sign erected with this change is valid for the purpose of that schedule.

[en. B.C. Reg. 72/90, s. 1; am. B.C. Regs. 36/92; 531/2004, s. 4; 39/2010, App. A, s. 5.]

 Section 23.12 BEFORE re-enacted by BC Reg 113/2017, effective June 5, 2017.

Traffic sign changes

23.12   Where a warning or regulatory sign other than a 30 KILOMETRES PER HOUR TAB is erected by an authority, the authority may substitute another weight, speed, distance or time for the weight, speed, distance or time set out in Schedule 1 or 2 in respect of that sign and the sign erected with this change is valid for the purpose of that schedule.

[en. B.C. Reg. 72/90, s. 1; am. B.C. Regs. 36/92; 531/2004, s. 4; 39/2010, App. A, s. 5 and App. B, s. 5.]

 Division 23, schedule 1 item BEFORE repealed by BC Reg 64/2016, effective March 2, 2016.


90 x 30 cm
MOTORCYCLES OK (Regulatory)
This sign confirms that motorcyclists are permitted in high occupancy vehicle lanes.
Colour: Black on white reflectorized background.

 Division 23, schedule 1 item "Maximum Speed (Regulatory)" was added by BC Reg 125/2016, effective June 2, 2016.

 Division 23, schedule 1 item "MAXIMUM SPEED WHEN APPROACHING OR PASSING NEIGHBOURHOOD GOLF CARTS (Regulatory)" was added by BC Reg 113/2017, effective June 5, 2017.

 Division 23, schedule 2 item "DISABLED PARKING (Regulatory)" BEFORE amended by BC Reg 234/2016, effective September 29, 2016.


30 x 60 cm
DISABLED PARKING (Regulatory)
Only vehicles transporting or driven by disabled persons may park in parking spaces which display this sign.
Colour: White background throughout, red top circle and centre slash, black centre "P", green bottom circle, black centre symbol, black arrows and black border. White, red and green reflectorized.

 Division 23, Schedule 5 was enacted by BC Reg 39/2010, effective February 4, 2010.

 Division 23, Schedule 5 BEFORE repealed by BC Reg 39/2010, effective April 1, 2010.

Schedule 5

[en. B.C. Reg. 39/2010, App. A, s. 6.]

Signs and Tabs for Designated Use Lanes
(Olympic and Paralympic Winter Games)

OLYMPIC LANE SIGNS (Regulatory)
The following are 3 examples of signs which, when any of them are erected over or adjacent to a traffic lane and accompanied with a tab indicating "authorized vehicles only" or "trucks & authorized vehicles only", mean the lane so signed and indicated is a designated use lane under section 3 (1), 4 (1), 5 (1), 6 (1) or 7 (1) of the Designated Use Lanes (Olympic and Paralympic Winter Games) Regulation or under a bylaw or resolution of the council of a municipality under section 124.2 of the Act and that the lane is reserved for the exclusive use of vehicles authorized under that section of the regulation or under the applicable provision of the bylaw or resolution, as the case may be.
Colour: Black and blue on white reflectorized background. White reflectorized diamond on black background. May have blue border including name of local government.
90 x 120 cm90 x 120 cm90 x 120 cm
AUTHORIZED VEHICLES ONLY TAB (Regulatory)
When this tab accompanies an Olympic Lane sign the designated use lane so signed is reserved for the exclusive use of vehicles authorized to use that designated use lane under the Designated Use Lanes (Olympic and Paralympic Winter Games) Regulation or under a bylaw or resolution of the council of a municipality under section 124.2 of the Act.
Colour: Black and blue on white reflectorized background.
60 x 60 cm
TRUCKS & AUTHORIZED VEHICLES ONLY TAB (Regulatory)
When this tab accompanies an Olympic Lane sign the designated use lane so signed is reserved for the exclusive use of trucks and vehicles authorized to use that designated use lane under the Designated Use Lanes (Olympic and Paralympic Winter Games) Regulation or under a bylaw or resolution of the council of a municipality under section 124.2 of the Act.
Colour: Black and blue on white reflectorized background.
90x 120 cm
DESIGNATING TABS (Regulatory)
Tabs measuring 90 cm x 60 cm bearing the supplemental messages "BEGINS" or "ENDS" may be added above or below any of the foregoing Olympic Lane signs and when so added indicate the beginning or the end, as the case may be, of the designated use lane corresponding to the description in section 3 (1), 4 (1), 5 (1), 6 (1) or 7 (1) of the Designated Use Lanes (Olympic and Paralympic Winter Games) Regulation or under a bylaw or resolution of the council of a municipality under section 124.2 of the Act.
Colour: Black on white reflectorized background.
90 x 60 cm90 x 60 cm
WARNING TAB (advisory)
This tab, measuring 90 cm x 60 cm, when erected in conjunction with an Olympic Lane sign over or adjacent to and pointing to a traffic lane, warns that the lane is a designated use lane under section 3 (1), 4 (1), 5 (1), 6 (1) or 7 (1) of the Designated Use Lanes (Olympic and Paralympic Winter Games) Regulation or under a bylaw or resolution of the council of a municipality under section 124.2 of the Act and that, at a point ahead, the lane is reserved for the exclusive use of vehicles authorized under that section of the regulation or under the applicable provision of the bylaw or resolution, as the case may be.
Colour: Black on white reflectorized background.
90 x 60 cm

 Section 24.01 BEFORE amended by BC Reg 128/2012, effective June 7, 2012.

 Definitions

24.01  In this Division:

"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;

"person lift" means a motor vehicle with a worker platform that may be elevated as a feature central to the vehicle's design;

"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 is being used for its utility purpose unrelated to the transportation of people or property.

[en. B.C. Reg. 351/2008, Sch. s. 13.]

 Section 24.01 (2) was added by BC Reg 128/2012, effective June 7, 2012.

 Section 24.01 (1) definition of "vessel" was added by BC Reg 65/2017, effective March 1, 2017.

 Section 24.01 (3) was added by BC Reg 65/2017, effective March 1, 2017.

 Section 24.02 (1), (2) (3) and (4) BEFORE amended by BC Reg 128/2012, effective June 7, 2012.

(1)  A person must not drive 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.

(2)  A person must not drive 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.

(4)  A motor vehicle being driven or operated on a highway as authorized by this Division must conform to the requirements set out in Part 3 of this Division.

 Section 24.02 (2.1) and (3.1) was added by BC Reg 128/2012, effective June 7, 2012.

 Section 24.02.01 was enacted by BC Reg 128/2012, effective June 7, 2012.

 Section 24.03 BEFORE amended by BC Reg 128/2012, effective June 7, 2012.

 Utility vehicles

24.03  (1)  A person may drive 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 drives 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 driven 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 driven or operated in accordance with subsection (2) (c) (iii) may be driven 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 drives 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 person lift, or

(b) is driven 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.]

 Section 24.03 (part) BEFORE amended by BC Reg 153/2014, effective November 17, 2014.

(4) A person who uses or operates a utility vehicle on a highway must have an operation permit for the vehicle, unless the vehicle

 Section 24.03.01 was enacted by BC Reg 128/2012, effective June 7, 2012.

 Section 24.04 BEFORE amended by BC Reg 128/2012, effective June 7, 2012.

 Golf carts

24.04  A person may drive 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.]

 Section 24.05 BEFORE amended by BC Reg 128/2012, effective June 7, 2012.

 Snowmobiles, snow vehicles and air cushion vehicles

24.05  (1)  A person may drive 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 drives 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 drives 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 drive or operate a snowmobile, snow vehicle or air cushion vehicle on a highway between ½ hour after sunset and ½ hour before sunrise.

[en. B.C. Reg. 351/2008, Sch. s. 13; am. B.C. Reg. 234/2011.]

 Section 24.05 BEFORE amended by BC Reg 153/2014, effective November 17, 2014.

Snowmobiles, snow vehicles and air cushion vehicles

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.]

 Section 24.06 BEFORE amended by BC Reg 128/2012, effective June 7/2012.

 Neighbourhood zero emission vehicles

24.06  (1)  A person may drive 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 drive 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 drives 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 drive 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 drive 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.]

 Section 24.07 (2) and (3) BEFORE amended by BC Reg 128/2012, effective June 7, 2013.

(2)  A neighbourhood zero emission vehicle referred to in subsection (1) may be driven 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 driven or operated on a highway.

 Section 24.08 (1) and (2) BEFORE amended by BC Reg 128/2012, effective June 7, 2012.

(1)  A person may drive or operate a neighbourhood zero emission vehicle, snowmobile, snow vehicle, air cushion vehicle or utility vehicle 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 driving 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 driven or operated on a highway.

 Section 24.09 (1) and (6) BEFORE amended by BC Reg 128/2012, effective June 7, 2012.

(1)  If an operation permit is required for a vehicle under this Division, a person driving or operating the vehicle must operate the vehicle in accordance with the limitations and conditions specified in the operation permit.

(6)  If the use of a utility vehicle includes driving 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.

 Section 24.09 (8) (b) BEFORE amended by BC Reg 153/2014, effective November 17, 2014.

(b) the date that is one year after the date the permit was issued.

 Part 2.1, sections 24.09.01 and 24.09.02 were enacted by BC Reg 128/2012, effective June 7, 2012.

 Section 24.10 BEFORE re-enacted by BC Reg 128/2012, effective June 7, 2012.

 Definition

24.10  In this Part, "vehicle" means a motor vehicle that is

(a) regulated under this Division, and

(b) driven or operated on a highway.

[en. B.C. Reg. 351/2008, Sch. s. 13.]

 Section 24.11 (1) BEFORE amended by BC Reg 128/2012, effective June 7, 2012.

(1)  A neighbourhood zero emission vehicle being driven 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.

 Section 24.12 (1) and (2) BEFORE amended by BC Reg 128/2012, effective June 7, 2012.

(1)  If any of the following vehicles are being driven 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.

(2)  A neighbourhood zero emission vehicle being driven 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.

 Section 24.17 (1) BEFORE amended by BC Reg 128/2012, effective June 7, 2012.

(1)  A person must not drive 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.

 Section 24.18 BEFORE amended by BC Reg 128/2012, effective June 7, 2012.

 Operation of a vehicle and trailer

24.18  A person may drive 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.]

 Section 24.20(2) BEFORE amended by BC Reg 128/2012, effective June 7, 2012.

(2)  A utility vehicle being driven 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].

 Part 3.1, sections 24.211 to 24.217 were enacted by BC Reg 212/2016, effective September 6, 2016.

 Section 24.211 definition of "NGC highway", subparagraph (a) (iii) BEFORE amended by BC Reg 113/2017, effective June 5, 2017.

(iii) has signs posted by the designated municipality indicating that the operation of neighbourhood golf carts is allowed;

 Section 24.211 definition of "NGC highway", paragraph (a.1) was added by BC Reg 113/2017, effective June 5, 2017.

 Section 24.211 definition of "NGC highway", subparagraph (b) (ii) BEFORE amended by BC Reg 113/2017, effective June 5, 2017.

(ii) that is immediately adjacent to a municipal highway referred to in paragraph (a);

 Section 24.213 (e) BEFORE amended by BC Reg 113/2017, effective June 5, 2017.

(e) the roadway as defined in section 119 of the Act is clear of snow, ice or slush.

 Section 24.214 BEFORE (a) and (b) were amended and (c) and (d) were added by BC Reg 113/2017, effective June 5, 2017.

Intersections

24.214   A person must not use a neighbourhood golf cart that is on an NGC highway to cross another highway that is not an NGC highway unless the other highway is

(a) a municipal highway that has a maximum speed limit that is 30 km/hr or less, or

(b) a municipal highway that has a maximum speed limit that is greater than 30 km/hr and equal to or less than 50 km/hr and the following requirements are met:

(i) there are signs posted by the designated municipality indicating that neighbourhood golf carts may cross at the intersection;

(ii) the intersection is controlled by a traffic control signal as defined in section 119 (1) of the Act or by 4 way stop signs.

[en. B.C. Reg. 212/2016.]

 Section 24.22 BEFORE re-enacted by BC Reg 128/2012, effective June 7, 2012.

 General offence

24.22  A person commits an offence who drives or operates an air cushion vehicle, golf cart, neighbourhood zero emission vehicle, snow vehicle, snowmobile or utility vehicle in contravention of this Division.

[en. B.C. Reg. 351/2008, Sch. s. 13.]

 Section 24.05 (2.1) was added by BC Reg 234/2011, effective January 1, 2012.

 Section 24.05 (3) BEFORE amended by BC Reg 234/2011, effective January 1, 2012.

(3)  Unless specifically provided for in the operation permit, a person must not drive or operate a snowmobile, snow vehicle or air cushion vehicle on a highway between ½ hour after sunset to ½ hour before sunrise.

 Section 25.17 BEFORE repealed by BC Reg 194/2010, effective June 25, 2010.

 Maintenance obligations

25.17  The owner of every vehicle to which this Part applies must ensure that it is not driven, operated or parked on a highway unless it is maintained so as to comply in all respects with the standards.

[en. B.C. Reg. 304/2001.]

 Section 25.31 BEFORE amended by BC Reg 194/2010, effective June 25, 2010.

 Offences

25.31  A person who violates section 25.04 (2), (3) or (4), 25.05 (1) or (2), 25.06 (1) or (2), 25.07 (1), 25.08 (3), 25.09, 25.10, 25.11, 25.12 (1) (c) or (3), 25.13 (1) (a), (2) or (4), 25.17, 25.18, 25.21, 25.22 (1), 25.27 (1), 25.28 (a), 25.29 or 25.30 (4) commits an offence.

[en. B.C. Reg. 304/2001.]

 Section 25.32 was enacted by BC Reg 194/2010, effective June 25, 2010.

 Division 26, sections 26.04 to 26.10 BEFORE repealed by BC Reg 118/2012, effective May 31, 20120.

 Procedure by judge

26.04  The procedure to be followed by a judge in dealing with any matter referred to him under section 1231 shall, mutatis mutandis, be the procedures set forth in the Offence Act for the trial of offenders under that Act.

[en. B.C. Reg. 277/68; am. B.C. Reg. 372/78, s. 1.]

 Certificate of service

26.05  In any hearing under section 26.04, a certificate of service signed by a peace officer or an acknowledgment of service signed by the alleged violator, where they appear on a traffic violation report, shall be prima facie evidence of such service.

[en. B.C. Reg. 277/68.]

 Proof

26.06  In any hearing under section 26.04, proof that the violation took place shall be proof beyond a reasonable doubt.

[en. B.C. Reg. 277/68.]

 Undisputed violation

26.07  Where any alleged violator fails to appear on the date fixed for the hearing before a judge in the matter under section 1231, the judge shall treat the violation as not disputed and shall notify the Insurance Corporation of British Columbia.

[en. B.C. Reg. 277/68; am. B.C. Regs. 372/78, s. 1; 317/96, s. 1.]

 Notice of dispute

26.08  Where, in any written notice disputing the violations contained in a traffic violation report, the notice shall contain the number and the date of service appearing on the traffic violation report.

[en. B.C. Reg. 277/68; am. B.C. Reg. 372/78, s. 2.]

 Costs of dispute

26.09  Where a person requires that a dispute be determined by a Provincial Court judge, he shall deposit the sum of $10 (cash, certified cheque or money order) for the costs of the hearing at the time he gives his notice.

[en. B.C. Reg. 372/78, s. 3.]

 Notice of date of hearing

26.10  Where a person gives notice that he will dispute a violation report, the clerk of the court or judge shall provide the disputant with written notice of the date of the hearing at least 7 days in advance thereof.

[en. B.C. Reg. 119/69; am. B.C. Reg. 372/78, s. 1.]

 Section 27.03 (1) BEFORE amended by BC Reg 354/2010, effective December 6, 2010.

(1)  A person or institute that contravenes section 27.04 (1), (2), (7) or (8), 27.05 (1), 27.06 (1), (2), (3), (9) or (11), 27.08 (3), (4) or (5), 27.09 (1), (2), (4), (7) or (9) or 27.10 (1) or (2) (a), (b), (d), (e) or (f) commits an offence and is liable to a fine of not more than $2 000.

 Section 27.03 (3.1) BEFORE amended by BC Reg 338/2012, effective December 23, 2012.

(3.1)  If a licensee is charged with an offence referred to in subsection (3) (d), the Insurance Corporation of British Columbia may delay the issue or renewal of a driver training school licence or driver training instructor's licence pending the outcome of the proceeding for the offence in order to determine whether it should act under subsection (3) (d) at that later date.

 Section 27.03 (c) and (f) BEFORE amended by BC Reg 64/2017, effective March 1, 2017.

(c) the licensee fails to maintain or provide to the corporation the records required under this Division;

(f) the licensee teaches, or permits a student to be taught, the knowledge tests administered by the Insurance Corporation of British Columbia, or possesses these tests, without the consent of the corporation.

 Section 27.05 (7) (b) BEFORE amended by BC Reg 204/2011, effective July 1, 2012.

(b) a bond of a surety licensed under the Insurance Act;

 Section 27.07 (1) (a) and (c) BEFORE amended by BC Reg 338/2012, effective December 23, 2012.

(a) have a driving record acceptable to the Insurance Corporation of British Columbia that shows less than 10 demerit points within the past 2 years, and no convictions under the Criminal Code concerning driving of a motor vehicle or convictions in any other jurisdiction for offences analogous to those under the Criminal Code concerning driving of a motor vehicle for 3 years before the application,

(c) provide proof of driving experience and qualification acceptable to the corporation indicating that

(i)  if the application is for a Class 1, 2 or 3 driver training instructor's licence for practical driver training, the applicant holds a British Columbia Class 1, 2 or 3 driver's licence and has held one, or the equivalent driver's licence from another jurisdiction, for at least 3 years and has held a driver's licence for at least 5 years,

(ii)  if the application is for a Class 4 driver training instructor's licence for practical driver training, the applicant has a Class 4 British Columbia driver's licence and has held a Class 4 or 5 driver's licence, or an equivalent driver's licence from another jurisdiction, for at least 3 years,

(iii)  if the application is for a Class 5 or 7 driver training instructor's licence for practical driver training, the applicant has a British Columbia driver's licence and has held a British Columbia Class 5 driver's licence, or an equivalent driver's licence from another jurisdiction, for at least 3 years,

(iv)  if the application is for a Class 6 or 8 driver training instructor's licence for practical driver training, the applicant has a British Columbia Class 6 driver's licence and has held one, or the equivalent driver's licence from another jurisdiction, for at least 3 years,

(v)  if the application is for a driver training instructor's licence not covering practical driver training, the applicant has, for at least 3 years, held a British Columbia driver's licence or an equivalent driver's licence from another jurisdiction, and

(vi)  if the application is for a driver training instructor's licence to teach an approved driver education course, the applicant has a British Columbia Class 5 or 6 driver training instructor's licence,

 Section 27.07 (1) (b), (c) (part) and (e) BEFORE amended by BC Reg 64/2017, effective March 1, 2017.

(b) provide a police check acceptable to the corporation, and the application may be rejected if the police check indicates a conviction for an offence involving dishonesty, violence or indecency within the past 5 years,

(c) provide proof of driving experience and qualification acceptable to the corporation indicating that

(e) file a medical report acceptable to the Insurance Corporation of British Columbia if the application is for a licence to conduct practical driver training.

 Section 27.08 (1) (b) BEFORE amended by BC Reg 338/2012, effective December 23, 2012.

(b) provide, on request, a police check acceptable to the Insurance Corporation of British Columbia, and if the police check indicates a conviction for an offence described in section 27.03 (3) (d) the driver training instructor's licence may be cancelled, and

 Section 28.01 BEFORE amended by BC Reg 59/2016, effective March 2, 2016.

Point penalties on driving record

28.01   If a person is convicted of an offence, the Insurance Corporation of British Columbia must record on the driving record of that person the number of point penalties for that offence as set out in the Schedule.

[en. B.C. Reg. 413/97, App. 1, s. 22.]

 Section 28.02 BEFORE amended by BC Reg 59/2016, effective March 2, 2016.

Transitional

28.02   (1) Spent.

(2) The duty of the Insurance Corporation of British Columbia to record point penalties for breaches of those provisions set out in Table 4 of the Schedule and marked "+" has effect on and after December 4, 1985.

[am. B.C. Reg. 317/96, s. 1.]

 Section 28.02 BEFORE repealed by BC Reg 107/2016, effective June 1, 2016.

Transitional

28.02   (1) Spent.

(2) The duty of the Insurance Corporation of British Columbia to record point penalties for breaches of those provisions set out in Table 4 of the Schedule to this Division and marked "+" has effect on and after December 4, 1985.

[am. B.C. Regs. 317/96, s. 1; 59/2016, App. 2, s. 1.]

 Division 28, Schedule, Table 1 BEFORE amended by BC Reg 97/2012, effective June 1, 2012.

60Section 194 (3)Permit unlawfully seated passenger
61Section 194 (4)Operate motorcycle more than 2 abreast

 Division 28, Schedule, Table 2, item 51 was added by BC Reg 308/2009, effective February 1, 2010.

 Division 28, Schedule, Table 2, table heading BEFORE amended by BC Reg 187/2014, effective October 20, 2014.

Motor Vehicle ActDescription of Offences

 Division 28, Schedule, Table 2, item 50.1 was added by BC Reg 187/2014, effective October 20, 2014.

 Division 28, Schedule, Table 2, item 22.1 was added by BC Reg 116/2015, effective June 12, 2015.

 Division 28, Schedule, Table 2, items 2, 50.1 and 51 BEFORE repealed by BC Reg 107/2016, effective June 1, 2016.

2Section 25 (10) Failing to obey restriction on driver's licence
50.1Section 214.2 (1)Use an electronic device while driving
51Section 214.2 (2) Emailing or texting while driving

 Division 28, Schedule, Table 2, item 3 BEFORE amended by BC Reg 107/2016, effective June 1, 2016.

3Section 25 (15) Drive contrary to restriction

 Division 28, Schedule, Table 2.1 was added by BC Reg 107/2016, effective June 1, 2016.

 Division 29, sections 29.01 to 29.35 BEFORE repealed by BC Reg 59/2016, effective March 2, 2016.

Division 29 — Air Pollution Controls on Motor Vehicles

Interpretation

29.01   In this Division:

"Act" means the Motor Vehicle Act;

"crankcase" means the enclosure within a motor vehicle engine that is connected to the oil pump by internal passages through which gases and vapours may flow;

"crankcase emissions" means air contaminant emitted to the atmosphere through any opening in the crankcase;

"engine displacement" means the product expressed in litres, resulting from the multiplication of the total cross sectional area of the cylinders of the motor vehicle engine expressed in cm2, and the piston stroke expressed in cm;

"evaporative emissions" means any hydrocarbon component motor gasoline emitted to the atmosphere from the fuel tank or carburettor of a motor vehicle;

"exhaust emissions" means air contaminant emitted to the atmosphere from any opening downstream from the exhaust port of a motor vehicle engine;

"exhaust emission system" means the exhaust port, exhaust manifold, exhaust pipe, muffler, tail pipe, and the systems or devices incorporated therein or connected therewith to prevent or lessen the emission of air contaminant to the atmosphere;

"gross vehicle weight" means the manufacturer's gross weight rating;

"heavy duty vehicle" means a bus, chassis cab, multi-purpose passenger vehicle or a truck having a gross vehicle weight of more than 2 800 kg, for which a motor vehicle licence is required under this Act or the Commercial Transport Act;

"light duty vehicle" means a passenger car or any motor vehicle having a gross vehicle weight of 2 800 kg or less, for which a motor vehicle licence is required under this Act or the Commercial Transport Act;

"model" means a class of motor vehicle designed, constructed and assembled by the manufacturer for a particular purpose and designated as a model by the manufacturer during a model year;

"model year" means the annual period of manufacturing of motor vehicles in the 12 month period designated by the manufacturer or, in the absence of such designation, the 12 month period beginning on the first day of January of the year in which the manufacturer begins;

"motor vehicle engine" means the engine of a motor vehicle and includes the exhaust emission system;

"opacity" means the fraction of a beam of light, expressed as a percentage, that fails to penetrate the exhaust emission;

"system or device" means any modification of a motor vehicle or motor vehicle engine which prevents or lessens the emission of air contaminant to the atmosphere;

"ultimate purchaser" means the person to whom a motor vehicle is first sold for purposes other than resale.

[en. B.C. Reg. 229/70; am. B.C. Reg. 343/77.]

Application

29.02   (1) Subject to subsection (2), every class or type of motor vehicle or motor vehicle engine manufactured on or after January 1, 1971, for which a British Columbia motor vehicle licence is required under the Act or the Commercial Transport Act shall have installed or incorporated in it a system or device that complies with the provisions of this Division.

(2) The following classes or types of motor vehicles and motor vehicle engines are exempt form the requirements of subsection (1):

(a) motor vehicle engines having an engine displacement of less than 0.8 litres;

(b) motor vehicles with a motor vehicle engine having a displacement of less than 0.8 litres;

(c) motorcycles;

(d) light duty vehicles forming part of a manufacturer's total annual sales volume in British Columbia where the total annual sales volume in British Columbia of that manufacturer does not exceed 50 light duty vehicles.

[en. B.C. Reg. 229/70; am. B.C. Reg. 343/77.]

General

29.03   (1) A system or device installed on or incorporated in a motor vehicle or motor vehicle engine as required by section 29.02 shall, during the operation of the motor vehicle or motor vehicle engine, operate or function in such manner as to comply at all times with the requirements of this Division.

(2) A system or device

(a) shall not cause emission to the atmosphere of any air contaminant that would not be emitted to the atmosphere during the operation of the motor vehicle or motor vehicle engine if it were not equipped with the system or device, and

(b) shall not cause or contribute to any unsafe condition endangering persons or property.

(3) Compliance or non-compliance with the requirements of this Division shall be determined by test methods approved by the Insurance Corporation of British Columbia.

[en. B.C. Reg. 229/70; am. B.C. Reg. 413/97, App. 1, s. 2.]

Crankcase emissions

29.04   The crankcase of a gasoline or gaseous powered motor vehicle engine shall be constructed in such manner and maintained in such condition that crankcase emissions are not discharged into the atmosphere.

[en. B.C. Reg. 229/70; am. B.C. Reg. 323/92.]

Manufacturer to test vehicles

29.05   The manufacturer of any motor vehicle or motor vehicle engine on or in which a system or device is installed or incorporated, for the purpose of complying with the requirements of section 29.04, shall test or cause to be tested as many motor vehicles and motor vehicle engines as may be required to ensure that the motor vehicles or motor vehicle engines meet the requirements of section 29.04 for a period of not less than one year after the sale and delivery of the motor vehicle or motor vehicle engine to the ultimate purchaser.

[en. B.C. Reg. 229/70.]

Exhaust emissions

29.06   The hydrocarbon and carbon monoxide content of the exhaust emissions of a gasoline powered motor vehicle engine shall not exceed

(a) in the case of hydrocarbons,

(i) 2.2 grams per 1.6 vehicle km for a light duty vehicle, or

(ii) 275 parts per million by volume for a heavy duty vehicle, and

(b) in the case of carbon monoxide,

(i) 23 grams per 1.6 vehicle km for a light duty vehicle, or

(ii) 1.5% by volume for a heavy duty vehicle.

[en. B.C. Reg. 229/70; am. B.C. Reg. 343/77.]

Requirements for light or heavy vehicles

29.07   The requirements of section 29.06 apply to composite values calculated under section 29.18 from results obtained in tests of exhaust emissions from the operation of the motor vehicles and motor vehicle engines in accordance with the test procedures of

(a) section 29.08 (c) and section 29.10 for light duty vehicles, or

(b) section 29.13 (b) and section 29.14 for heavy duty vehicles.

[en. B.C. Reg. 229/70.]

Procedures for selecting, testing and inspecting — gasoline powered light duty vehicles

29.08   Procedures for selecting, testing and inspecting exhaust emission control systems or devices installed on or incorporated in a gasoline powered light duty vehicle shall be as follows:

(a) four motor vehicles of each engine displacement shall be run for emission data, except that

(i) where projected sales volume of a manufacturer of motor vehicles of such engine displacement represents less than 1/2 of 1% of the last preceding model year's total sales in British Columbia of all motor vehicles of that manufacturer, a total of 2 motor vehicles of such displacement may be tested, and

(ii) in all cases the manufacturer shall accumulate test data on a minimum of 4 motor vehicles;

(b) the motor vehicles selected under paragraph (a) and used for testing of motor vehicle engines shall be

(i) those motor vehicles in which the manufacturer usually installs such engines, and

(ii) equipped as nearly as possible with kinds and combinations of transmissions and carburettors in proportion to the number of comparable motor vehicles so equipped in the last preceding model year of the manufacturer;

(c) the motor vehicles selected under paragraph (a) for amounts of hydrocarbons and carbon monoxide in exhaust emissions shall be

(i) driven a distance of at least 6 000 km with all emission control systems or devices installed and operating, and

(ii) tested for the amounts of hydrocarbons and carbon monoxide in the exhaust emissions by running on an engine dynamometer from a cold start through 7 identical testing cycles without stalling of the motor vehicle engine and with each cycle lasting 137 seconds and including a series of periods of acceleration, deceleration, steady speed and idling;

(d) in addition to the selection of motor vehicles for testing of exhaust emissions under sections 29.09 and 29.10, the manufacturer shall, subject to section 29.11, select not fewer than 4 and not more than 12 motor vehicles for tests of durability of the systems or devices or of the exhaust emission system.

[en. B.C. Reg. 229/70; am. B.C. Reg. 343/77.]

Number of tests required

29.09   Where, pursuant to section 29.08 (b), a manufacturer makes tests of motor vehicles and installs a combination of engine and transmission systems in more than one model of motor vehicle, the manufacturer may make only one series of tests of exhaust emissions and where the combination of such engine and transmission system in any motor vehicle may increase the amount of hydrocarbons and carbon monoxide in the exhaust emissions, tests shall be carried out in respect of every motor vehicle.

[en. B.C. Reg. 229/70.]

Hydrocarbon and carbon monoxide content — light vehicle

29.10   The hydrocarbon and carbon monoxide content of the exhaust emissions referred to in section 29.08 (c) shall be

(a) measured for each period of the first 4 cycles and the last 2 cycles of the 7 testing cycles, and

(b) recorded in respect of each motor vehicle engine so that a value, expressed as grams per motor vehicle mile and representative of the hydrocarbon and carbon monoxide content in the exhaust emissions during the periods of the 6 recorded testing cycles, is obtained for that engine for the purposes of section 29.08.

[en. B.C. Reg. 229/70.]

Selection of vehicles for durability testing

29.11   (1) In the selection of motor vehicles for the testing of durability, for the purposes of section 29.08 (d), the manufacturer shall have regard to the combinations of engine displacements and transmissions, including automatic and manual transmission installations, so that the selections represent at least 70% of the number of light duty vehicles sold in British Columbia by that manufacturer during his last preceding model year.

(2) Notwithstanding subsection (1), where the number of motor vehicles sold by a manufacturer in British Columbia in the last preceding model year is less than 10% of the total sales of motor vehicles in British Columbia in the same period, the manufacturer shall have regard to the combination chosen so that the number of motor vehicles tested for durability of the systems of devices or of the exhaust emissions systems shall be not fewer than 4 and not more than 8.

(3) Every motor vehicle selected for tests under the provisions of this section shall represent at least 50% of the number of light duty vehicles sold by the manufacturer during the model year, except that in no case shall fewer than 2 motor vehicles containing each exhaust emission control system or device be tested nor shall the total number of light duty vehicles so tested be fewer than 4.

[en. B.C. Reg. 229/70.]

Requirements for durability testing

29.12   (1) Every motor vehicle selected for testing pursuant to sections 29.08 (d) and 29.11 shall be driven a distance of at least 80 000 km and tested in the manner set out in section 29.08 (c), the tests to be carried out on each motor vehicle at intervals of not more than 6 000 km, and the results from such tests shall be recorded.

(2) From the results recorded under subsection (1) values shall be calculated for the hydrocarbon and carbon monoxide content of the exhaust emissions over the whole 4 cycle test for each 6 000 km interval for each motor vehicle in the manner set out in section 29.10 and the representative values so obtained shall be used in the calculation of the factor mentioned in section 29.18.

[en. B.C. Reg. 229/70; am. B.C. Reg. 343/77.]

Procedures for selecting, testing and inspecting — gasoline powered heavy duty vehicles

29.13   Procedures for selecting, testing and inspecting exhaust emission control systems or devices installed on or incorporated in a gasoline powered heavy duty vehicle shall be as follows:

(a) two motor vehicle engines of each engine displacement emission control system combination shall be run for emission data, except that

(i) where projected sales volume of a manufacturer of motor vehicles of such engine displacement represents less than 1/2 of 1% of the last preceding model year's total sales in British Columbia of all motor vehicle engines of that manufacturer, only one motor vehicle engine is required to be tested for that displacement emission control system combination, and

(ii) in all cases the manufacturer shall accumulate test data on a minimum of 2 motor vehicle engines;

(b) the motor vehicle engines selected for testing under paragraph (a) for amounts of hydrocarbons and carbon monoxide in exhaust emissions shall be

(i) operated a minimum of 125 hours on an engine dynamometer with all exhaust emission control systems or devices installed and operating, after which time the engine shall be switched off for at least one hour, and

(ii) tested for the amounts of hydrocarbons and carbon monoxide in the exhaust emissions, after idling for an initial 5 minute period, running through 4 identical testing cycles, with each cycle lasting 300 seconds, and including a series of periods of acceleration, deceleration, steady speed and idling;

(c) in addition to the selection of combinations of motor vehicle engines and exhaust emission control systems or devices for the testing of exhaust emissions under paragraph (b), the manufacturer shall, subject to section 29.15, select not fewer than 2 and not more than 6 combinations of motor vehicle engines and exhaust emission control systems or devices for tests of durability of the systems or devices or of the exhaust emission system.

[en. B.C. Reg. 229/70.]

Hydrocarbon and carbon monoxide content — heavy vehicles

29.14   The hydrocarbon and carbon monoxide content of the exhaust emissions referred to in section 29.13 (b) shall be

(a) measured for each period for the 4 testing cycles, and

(b) recorded in respect of each motor vehicle engine, so that a value, expressed as grams per motor vehicle kilometre, representative of the hydrocarbon and carbon monoxide content in the exhaust emissions during the periods of the 4 testing cycles, is obtained for that engine for the purposes of section 29.13.

[en. B.C. Reg. 229/70; am. B.C. Reg. 343/77.]

Selection of vehicles for testing

29.15   (1) In the selection of combinations of motor vehicle engines and exhaust emission control systems or devices for the testing of exhaust emissions for the purposes of section 29.13 (c), the manufacturer shall make selections representing at least 70% of the number of gasoline powered heavy duty vehicle engines sold in British Columbia by that manufacturer during his last preceding model year.

(2) Notwithstanding subsection (1), where the number of gasoline powered heavy duty motor vehicle engines sold by a manufacturer in British Columbia in the last preceding model year is less than 10% of the total sales of gasoline powered heavy duty motor vehicle engines in British Columbia in the same period, the manufacturer shall have regard to the combinations so chosen so that the number of engines tested for durability of the systems or devices or of the exhaust emission systems shall represent at least 50% of the number of gasoline powered heavy duty motor vehicle engines sold by the manufacturer during such model year, except that in no case shall the total number of such motor vehicle engines so tested be fewer than 2.

[en. B.C. Reg. 229/70.]

Length of test

29.16   (1) Every combination of motor vehicle engines and exhaust emission control systems or devices selected for testing pursuant to section 29.13 (c) and section 29.15 shall be driven on an engine dynamometer for at least 1 500 hours and tested in the manner set out in section 29.13 (b), the tests to be carried out on each motor vehicle engine at intervals of not more than 125 hours and the results from such tests shall be recorded.

(2) From the results recorded under subsection (1) values shall be calculated for the hydrocarbon and carbon monoxide content of the exhaust emissions over the whole 4 cycle test for each 125 hours interval for each motor vehicle engine in the manner set out in section 29.14 and the representative values so obtained shall be used in the calculation of the factor mentioned in section 29.18.

[en. B.C. Reg. 229/70.]

Composite value required

29.17   (1) Where, pursuant to the provisions of this Division, recording is made of results of tests for amount of hydrocarbons and carbon monoxide in exhaust emissions in respect of any motor vehicle or motor vehicle engine, 2 composite values, one for hydrocarbons and one for carbon monoxide, shall be determined under section 29.18 for each

(a) engine displacement, in the case of a light duty vehicle, and

(b) combination of engine displacement and exhaust emission control system or device, in the case of a heavy duty vehicle.

(2) The composite values referred to in subsection (1) shall take into account factors of deterioration in efficiency of the system or device installed thereon or incorporated therein resulting from the use of such motor vehicle or motor vehicle engine, in accordance with the procedure set out in section 29.18.

[en. B.C. Reg. 229/70.]

Procedure for calculation of composite value

29.18   The procedure for the calculation of the composite value of hydrocarbons and carbon monoxide in the exhaust emissions shall be as follows:

(a) for each exhaust emission control system or device, 2 deterioration factors, one for hydrocarbons and one for carbon monoxide, shall be determined by using the results obtained pursuant to section 29.12 or section 29.16 and

(i) plotting 2 graphs, one for hydrocarbons and one for carbon monoxide, of motor vehicle mileage in the case of a light duty vehicle and hours of operation in the case of a heavy duty vehicle against exhaust emission levels for each emission control system or device so tested,

(ii) drawing a straight line by the method of least squares as near as possible to the points plotted on each graph, and

(iii) calculating the deterioration factors in respect of hydrocarbons and carbon monoxide for deterioration in efficiency for each exhaust emissions control system or device in accordance with

(A) in case of a light duty vehicle, the formula

factor = exhaust emissions interpolated to 80 000 km

exhaust emissions interpolated to 6,000 km

and

(B) in the case of a heavy duty vehicle, the formula

factor = exhaust emissions interpolated to 1 500 hours

exhaust emissions interpolated to 125 hours

(b) the exhaust emission test results of sections 29.08 (c) and 29.10 orsections 29.13 (b) and 29.14 shall be multiplied by the appropriate factor determined in paragraph (a) for hydrocarbons or carbon monoxide for the particular exhaust emission control system or device installed;

(c) for each engine displacement, the results obtained under paragraph (b) shall be weighted in proportion to the projected sales of the motor vehicle represented by each test motor vehicle or test motor vehicle engine;

(d) for each engine displacement, the weighted results obtained under paragraph (c) shall be averaged;

(e) for each engine displacement, the exhaust emissions to be compared with the standard of section 29.06 shall be the averaged values for hydrocarbons and carbon monoxide obtained under paragraph (d).

[en. B.C. Reg. 229/70; am. B.C. Reg. 343/77.]

Opacity

29.19   The opacity of the exhaust emissions of a diesel powered heavy duty vehicle shall not exceed

(a) 40% during the acceleration mode, and

(b) 20% during the lugging mode.

[en. B.C. Reg. 229/70.]

Application to composite value

29.20   The requirements of section 29.19 apply to composite values calculated under section 29.26 from results obtained in tests of exhaust emissions from the operation of the motor vehicle engines in accordance with the test procedures of sections 29.21 (b) and 29.22.

[en. B.C. Reg. 229/70.]

Procedures for selecting, testing and inspecting — diesel powered heavy duty vehicles

29.21   Procedures for selecting, testing and inspecting exhaust emission control systems or devices installed on or incorporated in a diesel powered heavy duty vehicle shall be as follows:

(a) the manufacturer shall divide his production of such motor vehicles into engine groups, each group consisting of

(i) a specific combination of combustion cycle,

(ii) cylinder configuration and dimensions, and

(iii) method of air aspiration and fuel feed,

and shall select from each group for testing of opacity of exhaust emissions 2 motor vehicle engines that feature the highest fuel feed per stroke, primarily at the speed of maximum torque and secondarily at rated speed;

(b) the diesel motor vehicle engine selected for testing under paragraph (a) for opacity of exhaust emissions shall be

(i) operated on an engine dynamometer for at least 125 hours with the dynamometer and engine adjusted so that the engine is operating at 95 to 100% of rated speed and at 95 to 100% of maximum rated horsepower,

(ii) preconditioned by being operated for 10 minutes at a maximum rated horsepower immediately after the engine has operated as required in subparagraph (i), and

(iii) tested for opacity of exhaust emissions by being operated through 3 cycles, each consisting of periods of accelerating and lugging, with a 5 minute period of idling between each cycle;

(c) in addition to the selection of diesel powered motor vehicle engines for testing of opacity of exhaust emissions under paragraph (b), the manufacturer shall, subject to section 29.26, select from each group mentioned in paragraph (a), for tests of durability and lifetime opacity of exhaust emissions, one such motor vehicle engine that features the highest fuel feed per stroke primarily at rated speed and secondarily at the speed of maximum torque.

[en. B.C. Reg. 229/70.]

Opacity

29.22   The opacity of the exhaust emissions referred to in section 29.21 (b) shall be recorded during the whole of each of the 3 cycles, and from these records, values representative of the opacity of the exhaust emissions during the 3 acceleration periods and 3 lugging periods shall be obtained for the purposes of section 29.26.

[en. B.C. Reg. 229/70.]

Number of tests required

29.23   (1) In the selection of engine groups for the testing of opacity of exhaust emissions, for the purposes of section 29.21 (c), where the number of diesel powered heavy duty motor vehicle engines sold by a manufacturer in British Columbia in the last preceding model year is less than 5% of the total sales of diesel powered heavy duty motor vehicle engines in British Columbia in the same period, the manufacturer shall not be required to test more than 4 motor vehicle engines.

(2) The engines selected for tests under the provisions of this section shall be selected from the groups of motor vehicle engines in order of projected sales volume and shall

(a) represent as many groups as possible,

(b) include at least one diesel motor vehicle engine using each combustion cycle, and

(c) include one diesel motor vehicle engine using each method of air aspiration included in the projected production of the manufacturer.

[en. B.C. Reg. 229/70.]

Length of test

29.24   (1) Every diesel powered motor vehicle engine selected for testing pursuant to sections 29.21 (c) and 29.23 shall be driven on an engine dynamometer for at least 1 000 hours with the dynamometer and the motor vehicle engine so adjusted that the motor vehicle engine is operating at 95 to 100% of rated speed and at 95 to 100% of maximum rated horsepower and tested in the manner set out in section 29.21 (b), the tests to be carried out on each motor vehicle engine at intervals of not more than 125 hours, and the results from such tests shall be recorded.

(2) From the results recorded under subsection (1) values shall be calculated for the opacity of exhaust emissions over the whole 3 cycle test for each 125 hour interval for each motor vehicle engine in the manner set out in section 29.22 and the representative values so obtained shall be used in the calculation of the factor mentioned in section 29.26.

[en. B.C. Reg. 229/70.]

Composite value required

29.25   Where, pursuant to the provisions of this Division, recording is made of results of tests for the opacity of exhaust emissions in respect of any diesel powered heavy duty motor vehicle engine, composite values for acceleration and lugging modes shall be determined, under section 29.26 for each group of such motor vehicle engines, taking into account factors of deterioration in efficiency of the system or device installed thereon or incorporated therein resulting from the use of such motor vehicle engines, in accordance with the procedure set out in section 29.26.

[en. B. C. Reg. 229/70.]

Procedure for calculation of composite value

29.26   The procedure for the calculation of the composite value of opacity during the acceleration mode and the lugging mode shall be as follows:

(a) for each motor vehicle engine tested, 2 emission deterioration factors, one for the acceleration mode and one for the lugging mode, shall be determined by using the results obtained pursuant to section 29.29, and

(i) plotting 2 graphs, one for the acceleration mode and one for the lugging mode, of hours of operation against the percentage of opacity during the relevant mode for each engine so tested,

(ii) drawing a straight line by the method of least squares as near as possible to the points plotted on each graph, and

(iii) calculating the deterioration factors in respect of the acceleration mode and the lugging mode for deterioration in efficiency of the system or device for each motor vehicle engine in accordance with the formula

percentage opacity interpolated to 1 000 hours
factor = minus
percentage opacity interpolated to 125 hours

(b) for each group of such motor vehicle engines, the exhaust emission test results from each of the 2 motor vehicle engines tested under sections 29.21 (b) and 29.22 shall be added to the appropriate factor determined under paragraph (a) for the acceleration mode or the lugging mode of the appropriate motor vehicle engine representing that group, or, if that group is not represented, shall be added to the appropriate factor of the motor vehicle engine tested under sections 29.21 (b) and 29.22, having the same combustion cycle and the same method of air aspiration and, as near as possible, the same fuel feed per stroke;

(c) for each group of motor vehicle engines, the opacity values to be compared with the standard of section 29.19 shall be the averaged opacity values of the 2 motor vehicle engines of that group obtained under paragraph (b).

[en. B.C. Reg. 229/70.]

Evaporative emissions

29.27   The evaporative emissions from a light duty vehicle shall not exceed 6 grams of hydrocarbons per test.

[en. B.C. Reg. 229/70.]

Application to composite value

29.28   The requirements of section 29.27 apply to a composite value calculated under section 29.35 from results obtained in tests of evaporative emissions from the operation of a motor vehicle in accordance with the test procedures set out in section 29.29 (c) and sections 29.30 and 29.31.

[en. B.C. Reg. 229/70.]

Procedures for selecting, testing and inspecting — motor vehicles

29.29   Procedures for selecting, testing and inspecting evaporative emission control systems or devices installed on or incorporated in a motor vehicle to prevent or lessen the emission into the atmosphere of evaporative emissions from the operation of the motor vehicle shall be as follows:

(a) four motor vehicles of each engine displacement shall be run for emission data, except that

(i) where projected sales volume of a manufacturer of motor vehicles of such engine displacement represents less than 1/2 of 1% of the last preceding model year's total sales in British Columbia of all motor vehicles of that manufacturer, a total of 2 motor vehicles of such displacement are required to be tested, and

(ii) in all cases, the manufacturer shall accumulate test data on a minimum of 4 motor vehicles;

(b) the combinations of motor vehicles and motor vehicle engines selected under paragraph (a) and used for the testing of evaporative emissions shall

(i) be those combinations usually produced for sale by the manufacturer, and

(ii) be equipped as nearly as possible with kinds and combinations of transmissions and carburettors in proportion to the number of comparable motor vehicles so equipped in the last preceding model year of the manufacturer;

(c) the motor vehicles selected for testing under paragraph (a) for amounts of evaporative emissions shall be

(i) driven a distance of at least 6 000 km with all evaporative emission control systems or devices installed and operating, and

(ii) tested for the amounts of evaporative emissions as prescribed in section 29.30;

(d) in addition to the selection of motor vehicles for testing of evaporative emissions under paragraphs (b) and (c) and section 29.30, the manufacturer shall, subject to section 29.35, select not fewer than 4 and not more than 12 motor vehicles for tests of durability of the evaporative emission control systems or devices and in the selection the manufacturer shall have regard to the combinations of engine displacements and transmissions, including automatic and manual transmission installations, so that the selections represent at least 70% of the number of light duty vehicles sold in British Columbia by that manufacturer during his last preceding model year.

[en. B.C. Reg. 229/70; am. B.C. Reg. 343/77.]

Test sequence

29.30   Each test pursuant to section 29.29 shall consist of 3 parts which shall be performed in sequence and without any interruption between each part, by

(a) installing previously weighted hydrocarbon vapour collection devices on all fuel system external vents, then heating, by artificial means, the fuel in the tank of the motor vehicle to a temperature between 28° and 30° C, over a period of not less than 50 minutes and not more than 70 minutes, after which time the motor vehicle shall be moved on to a dynamometer,

(b) running the motor vehicle on an engine dynamometer from a cold start through 9 identical testing cycles without stalling of the motor vehicle engine and with each cycle lasting 137 seconds and including a series of periods of acceleration, deceleration, steady speeds and idling, and

(c) permitting the motor vehicle to stand for a period of one hour at an ambient temperature between 24° and 30° C, after which time the hydrocarbon vapour collection devices shall be removed from the motor vehicle and sealed.

[en. B.C. Reg. 229/70; am. B.C. Reg. 343/77.]

Evaporative emissions

29.31   The evaporative emissions of section 29.29 (c) shall be obtained by reweighing the previously weighted hydrocarbon vapour collection devices and the increase of weight of such devices shall be recorded in respect of each motor vehicle so that a value, expressed as grams of hydrocarbons per test, is obtained for that motor vehicle and motor vehicle engine for the purposes of section 29.35.

[en. B.C. Reg. 229/70.]

Number of tests required

29.32   In the selection of motor vehicles for the testing of evaporative emissions, for the purposes of section 29.29 (d), where the number of motor vehicles sold by a manufacturer in British Columbia in the last preceding model year is less than 10% of the total sales of motor vehicles in British Columbia in the same period, the manufacturer shall have regard to the combination chosen so that the number of motor vehicles tested for durability of the evaporative emission control systems or devices shall be not fewer than 4 and not more than 8 and shall represent at least 50% of the number of light duty vehicles sold by the manufacturer during such model year.

[en. B. C. Reg. 229/70.]

Length of test

29.33   (1) Every motor vehicle selected for testing pursuant to sections 29.29 (d) and 29.32 shall be driven a distance of at least 80 000 km and tested in the manner set out in section 29.30, the tests to be carried out on each motor vehicle at intervals of not more than 6 000 km, and the results from such tests shall be recorded.

(2) From the results recorded under subsection (1), values shall be calculated for the evaporative emissions during each test for each 6 000 km interval for each motor vehicle in the manner set out in section 29.31 and the representative values so obtained shall be used in calculation of the factor mentioned in section 29.35.

[en. B.C. Reg. 229/70; am. B.C. Reg. 343/77.]

Composite value required

29.34   Where, pursuant to the provisions of this Division, recording is made of results of test for amounts of evaporative emissions in respect of any motor vehicle or motor vehicle engine, a composite value shall be determined under the provisions of section 29.35 for each engine displacement, which composite value shall take into account factors of deterioration in efficiency of the system or device installed thereon or incorporated therein resulting from the use of such motor vehicle or motor vehicle engine, in accordance with the procedure set out in section 29.35.

[en. B.C. Reg. 229/70.]

Procedure for calculation of composite value

29.35   The procedure for the calculation of the composite value of the evaporative emissions shall be as follows:

(a) for each combination of exhaust emission control systems or devices and evaporative emission control systems or devices, an evaporative emission deterioration factor shall be determined by using the results obtained pursuant to section 29.33 and

(i) plotting a graph for each combination of exhaust emission control systems or devices and evaporative emission control systems or devices of motor vehicle mileage against the evaporative emission values so obtained,

(ii) drawing a straight line by the method of least squares as near as possible to the points plotted on each graph, and

(iii) calculating the deterioration factor in respect of evaporative emissions for deterioration in efficiency for each combination of exhaust emission control systems or devices and evaporative emission control systems or devices in accordance with the formula

evaporated emissions interpolated to 80 000 km
factor = minus
evaporated emissions interpolated to 6 000 km

(b) the evaporative emission test results from each motor vehicle tested under sections 29.29 (a), 29.30 and 29.31 shall be added to the appropriate factor determined in paragraph (a) for the particular engine displacement of that motor vehicle;

(c) for each engine displacement, the results obtained under paragraph (b) for each motor vehicle in that engine displacement class shall be weighted in proportion to the projected sales of the motor vehicles represented by each test motor vehicle;

(d) for each engine displacement, the weighted results obtained paragraph (c) shall be averaged;

(e) for each engine displacement, the evaporative emissions to be compared with the standard of section 29.27 shall be the averaged value for evaporative emissions obtained in paragraph (d).

[en. B.C Reg. 229/70; am. B.C. Reg. 343/77.]

 Section 30.01 (2) (c) and (d) BEFORE amended by BC Reg 308/2009, effective February 1, 2010.

(c) Class 7 licence, subject to the applicable condition under section 30.10 (4) and restriction under section 30.11 (1), permits operation of

(d) Class 7L licence is a learner's licence that, subject to the applicable conditions and restrictions under sections 30.06 (1) and (2), 30.07 (3), 30.09 (3), 30.10 (2), and 30.11 (1), permits operation of a motor vehicle or combination of vehicles for which a Class 7 licence is required;

 Section 30.01 definition of "immediate family member" BEFORE amended by BC Reg 132/2010, effective June 4, 2010.

"immediate family member" means a spouse, parent, grandparent, child, sibling, step-parent, step-grandparent, step-child, step-brother, step-sister, foster parent, foster grandparent, foster child, foster brother or foster sister;

 Section 30.01 (2) (g), (h), (i) and (j) BEFORE amended by BC Reg 120/2012, effective May 31, 2012.

(g) Class 5 licence permits operation of a motor vehicle or combination of vehicles for which a Class 7 licence is required;

(h) Class 5L licence is a learner's licence that, subject to the applicable conditions and restrictions under sections 30.06 (1) and 30.09 (8) and (9), permits operation of a motor vehicle or combination of vehicles for which a Class 5 licence is required;

(i) Class 4 licence permits operation of

(i)  a motor vehicle or combination of vehicles for which a Class 5 licence is required,

(ii)  an ambulance or taxi, or

(iii)  a school bus, a special activity bus, a special vehicle or a bus with a seating capacity of not more than 25 persons including the driver;

(j) Class 4L licence is a learner's licence that, subject to the applicable condition and restriction under section 30.06 (1) and (10), permits operation of a motor vehicle or combination of vehicles for which a Class 4 licence is required;

 Section 30.01 (3) was added by BC Reg 120/2012, effective May 31, 2012.

 Section 30.05 BEFORE amended by BC Reg 338/2012, effective December 23, 2012.

 Minimum driving experience, skills and other qualifications

30.05  (1)  An applicant for a Class 1, 2, 3 or 4 licence must

(a) hold a valid and subsisting Class 1L, 2L, 3L or 4L licence, as the case may be,

(b) have held a class 1, 2, 3 or 4 licence, as the case may be, or

(c) hold or have held an equivalent class of driver's licence from another jurisdiction and have at least 2 years of non-learner driving experience.

(2)  An applicant for a Class 1L, 2L, 3L or 4L licence must

(a) have a driving record that shows

(i)  fewer than 4 convictions for offences listed in the Schedule to Division 28 or convictions in another jurisdiction for analogous offences in the 2 years prior to the application, and

(ii)  no convictions for the Criminal Code offences listed in the Schedule to Division 28 or convictions in another jurisdiction for analogous offences in the 3 years prior to the application, and

(b) either

(i)  hold or have held a Class 1, 2, 3, 4, 5 or 6 licence, or

(ii)  hold or have held a licence, equivalent to a Class 1, 2, 3, 4, 5, 6, 7 or 8 licence, issued by another jurisdiction and have at least 2 years of non-learner driving experience.

(3)  An applicant for a Class 5 licence must

(a) hold or have held a Class 1, 2, 3 or 4 licence,

(b) have held a Class 5 licence,

(c) hold or have held a Class 7 licence issued before October 6, 2003 and have at least 18 months of non-learner driving experience, unless paragraph (c.1) or (c.2) applies,

(c.1) have held a Class 7 licence issued before October 6, 2003, and, if the applicant is, on that date, subject to a prohibition or suspension

(i)  under section 93, 94.1, 98, 99, 100, or 232 of the Act, or

(ii)  resulting from a conviction for a motor vehicle related Criminal Code offence, or from a conviction in any other jurisdiction for an offence that is analogous to a motor vehicle related Criminal Code offence,

have non-learner driving experience accumulated before the commencement of the prohibition or suspension, plus non-learner driving experience accumulated after the end of the prohibition or suspension that is uninterrupted by a prohibition or suspension referred to in subparagraph (i) or (ii), totalling at least 24 months,

(c.2) have held a Class 7 licence issued before October 6, 2003, and if the applicant is, on or after that date, prohibited or suspended

(i)  under section 93, 94.1, 98, 99, 100, or 232 of the Act, or

(ii)  as a result of a conviction for a motor vehicle related Criminal Code offence, or of a conviction in any other jurisdiction for an offence that is analogous to a motor vehicle related Criminal Code offence,

have at least 24 months of non-learner driving experience accumulated after the end of the prohibition or suspension that is uninterrupted by a prohibition or suspension referred to in subparagraph (i) or (ii),

(c.3) hold or have held a Class 7 licence issued on or after October 6, 2003, and have at least 24 months of non-learner driving experience that is uninterrupted by a prohibition or suspension

(i)  under section 93, 94.1, 98, 99, 100, or 232 of the Act, or

(ii)  as a result of a conviction for a motor vehicle related Criminal Code offence, or of a conviction in any other jurisdiction for an offence that is analogous to a motor vehicle related Criminal Code offence

unless paragraph (c.1) or (c.2) applies,

(d) hold or have held a licence, equivalent to a Class 1, 2, 3, 4, 5 or 7 licence, issued by another jurisdiction and have at least 2 years of non-learner driving experience, or

(e) hold a valid and subsisting Class 5L licence.

(f) Repealed. [B.C. Reg. 354/2003, Sch. s. 3 (e).]

(4)  An applicant for a Class 5L licence must

(a) hold or have held a Class 1, 2, 3, 4, 5 or 6 licence, or

(b) hold or have held a licence, equivalent to a Class 1, 2, 3, 4, 5, 6, 7 or 8 licence, issued by another jurisdiction and have at least 2 years of non-learner driving experience.

(5)  An applicant for a Class 6 licence must

(a) have held a Class 6 licence,

(b) hold or have held a Class 8 licence issued before October 6, 2003 and have at least 18 months of non-learner driving experience, unless paragraph (b.1) or (b.2) applies,

(b.1) have held a Class 8 licence issued before October 6, 2003, and, if the applicant is, on that date, subject to a prohibition or suspension

(i)  under section 93, 94.1, 98, 99, 100, or 232 of the Act, or

(ii)  resulting from a conviction for a motor vehicle related Criminal Code offence, or from a conviction in any other jurisdiction for an offence that is analogous to a motor vehicle related Criminal Code offence,

have non-learner driving experience accumulated before the commencement of the prohibition or suspension, plus non-learner driving experience accumulated after the end of the prohibition or suspension that is uninterrupted by a prohibition or suspension referred to in subparagraph (i) or (ii), totalling at least 24 months,

(b.2) have held a Class 8 licence issued before October 6, 2003, and if the applicant is, on or after that date prohibited or suspended

(i)  under section 93, 94.1, 98, 99, 100, or 232 of the Act, or

(ii)  as a result of a conviction for a motor vehicle related Criminal Code offence, or of a conviction in any other jurisdiction for an offence that is analogous to a motor vehicle related Criminal Code offence,

have at least 24 months of non-learner driving experience accumulated after the end of the prohibition or suspension that is uninterrupted by a prohibition or suspension referred to in subparagraph (i) or (ii),

(b.3) hold or have held a Class 8 licence issued on or after October 6, 2003, and have at least 24 months of non-learner driving experience that is uninterrupted by a prohibition or suspension

(i)  under section 93, 94.1, 98, 99, 100, or 232 of the Act, or

(ii)  as a result of a conviction for a motor vehicle related Criminal Code offence, or of a conviction in any other jurisdiction for an offence that is analogous to a motor vehicle related Criminal Code offence

unless paragraph (b.1) or (b.2) applies,

(c) hold or have held a licence, equivalent to a Class 6 or 8 licence, issued by another jurisdiction and have at least 2 years of non-learner driving experience, or

(d) hold a valid and subsisting Class 6L licence.

(e) Repealed. [B.C. Reg. 354/2003, Sch. s. 3 (j).]

(6)  An applicant for a Class 6L licence must

(a) hold or have held a Class 1, 2, 3, 4, 5 or 6 licence, or

(b) hold or have held a licence, equivalent to a Class 1, 2, 3, 4, 5, 6, 7 or 8 licence, issued by another jurisdiction and have at least 2 years of non-learner driving experience.

(7)  An applicant for a Class 7 licence must

(a) hold a valid and subsisting Class 7L licence,

(b) have held a Class 7 licence, or

(c) hold or have held a licence, equivalent to a Class 7 licence, issued by another jurisdiction.

(8)  An applicant for a Class 8 licence must

(a) hold a valid and subsisting Class 8L licence,

(b) have held a Class 8 licence, or

(c) hold or have held a licence, equivalent to a Class 8 licence, issued by another jurisdiction.

(9)  An applicant for a Class 8L licence must

(a) hold a valid and subsisting Class 7 licence, or

(b) hold a valid and subsisting Class 7L licence.

(10)  Repealed. [B.C. Reg. 270/2000, s. 2.]

(11)  The qualifications and requirements set out in subsections (1) to (9) are in addition to and not in place of any other requirement, restriction or condition imposed under the Act or the regulations for the application.

[en. B.C. Reg. 257/98, App. 1, s. 6; am. B.C. Regs. 158/99; 270/2000, s. 2; 354/2003, Sch, s. 3.]

 Section 30.072 was enacted by BC Reg 308/2009, effective February 1, 2010.

 Section 30.09 (2), (4) and (6) BEFORE amended by BC Reg 338/2012, effective December 23, 2012.

(2)  The waiting period set out in subsection (1) does not apply if the person has held a Class 6 licence or a licence, equivalent to a Class 6 or 8 licence, issued by another jurisdiction.

(4)  The waiting period referred to in subsection (3) does not apply if the person has held a Class 7 licence or a licence, equivalent to a Class 5 or 7 licence, issued by another jurisdiction.

(6)  The waiting period set out in subsection (5) does not apply if the person has held a Class 8 licence or a licence, equivalent to a Class 6 or 8 licence, issued by another jurisdiction.

 Section 30.11 (2) (c.1) was added by BC Reg 43/2015, effective March 17, 2015.

 Section 30.13 BEFORE repealed by BC Reg 107/2016, effective June 1, 2016.

Offence

30.13   A person commits an offence who fails to display the signs required by section 30.10 (2) or (4).

[en. B.C. Reg. 80/2002.]

 Section 30A.02 BEFORE amended by BC Reg 338/2012, effective December 23, 2012.

 Driver's licence testing exemptions

30A.02  (1)  A foreign representative or spouse of a foreign representative who applies for a Class 5 licence, and who holds a licence issued by another jurisdiction that the Insurance Corporation of British Columbia considers is equivalent to a Class 1, 2, 3, 4, 5 or 7 licence, is exempt from

(a) the requirement to submit to tests required under section 25 (3) (a) of the Act [application for licence], and

(b) the requirement to provide proof of driving experience under section 30.05 (3) (d) of this regulation [minimum driving experience, skills and other qualifications].

(2)  A dependent of a foreign representative who applies for a Class 5 licence and who

(a) holds a licence issued by another jurisdiction that the Insurance Corporation of British Columbia considers is equivalent to a Class 1, 2, 3, 4, 5 or 7 licence, and

(b) has at least 2 years of non-learner driving experience,

is exempt from the requirement to submit to tests required under section 25 (3) (a) of the Act [application for licence].

(3)  A dependent of a foreign representative who applies for a Class 7 licence and who

(a) holds a licence issued by another jurisdiction that the Insurance Corporation of British Columbia considers is equivalent to a Class 1, 2, 3, 4, 5 or 7 licence, and

(b) has fewer than 2 years of non-learner driving experience

is exempt from the requirement to submit to tests required under section 25 (3) (a) of the Act [application for licence].

[en. B.C. Reg. 381/2007, s. (b).]

 Section 30B.02 (c) BEFORE amended by BC Reg 4/2013, effective February 10, 2013.

(c) the applicant holds an identification card issued under section 3 (1) of the Voluntary Identification Card Regulation that indicates the person is a Canadian citizen.

 Division 30C, section 30C.01 was enacted by BC Reg 246/2010, effective July 30, 2010.

 Division 30D, sections 30D.01 and 30D.02 were enacted by BC Reg 4/2013, effective February 10, 2013.

 Division 30E, sections 30E.01 to 30E.03 were enacted by BC Reg 239/2013, effective January 30, 2014.

 Section 35.02 (3) BEFORE amended by BC Reg 160/2011, effective September 9, 2011.

(3)  Despite section 2 (1) of the Standard, the Standard applies to all vehicles transporting cargo on a highway, regardless of the vehicles' gross vehicle weight.

 Section 36.01 definition of "RSSR" BEFORE amended editorially effective May 12, 2010.

"RSSR" means the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations, SOR/98-159, as amended from time to time.

 Section 36.01 definition of "CMVSS" BEFORE repealed by BC Reg 11/2018, February 7, 2018.

"CMVSS" means the Canada Motor Vehicle Safety Standards, as amended from time to time;

 Division 38, heading BEFORE amended by BC Reg 234/2016, effective September 29, 2016.

Division 38 — Disabled Persons' Parking Permits

 Section 38.01 definitions of "applicant" and "disabled person" BEFORE repealed by BC Reg 234/2016, effective September 29, 2016.

"applicant" means a person who applies for a disabled parking permit under this Division;

"disabled person" means a person whose mobility is limited as a result of a permanent or temporary disability that makes it impossible or difficult to walk;

 Section 38.01 definition of "permit" BEFORE amended by BC Reg 234/2016, effective September 29, 2016.

"permit" means a disabled persons' parking permit issued under this Division.

 Section 38.01 definition of "person with disabilities" was added by BC Reg 234/2016, effective September 29, 2016.

 Section 38.02 BEFORE re-enacted by BC Reg 234/2016, effective September 29, 2016.

Application for permit

38.02   (1) A permit issued in the form established by the Insurance Corporation of British Columbia is valid throughout the Province.

(2) A permit may be issued on behalf of the Province by a municipality or an organization a municipality designates for the purposes of this section.

(3) Application for a permit must be made by or on behalf of a disabled person to a municipality or organization referred to in subsection (2).

(4) On being satisfied that the person to which the permit would apply is a disabled person, the municipality or organization referred to in subsection (2) may

(a) issue a permit or temporary permit for the disabled person, or

(b) issue a substitute permit for a permit that is lost, stolen or mutilated or that has become illegible.

[en. B.C. Reg. 472/90; am. B.C. Reg. 317/96, s. 1.]

 Section 38.03 BEFORE re-enacted by BC Reg 234/2016, effective September 29, 2016.

Display of permit

38.03   The person to whom a permit is issued shall, while a vehicle is parked in a disabled zone, display the permit in or on the vehicle the person is operating or in which the person is a passenger

(a) by suspending it from the rearview mirror inside the vehicle so that it is in plain view of any person looking through the windshield of the vehicle from the sidewalk or roadside, or

(b) by placing it on the dashboard in front of the driver's position.

[en. B.C. Reg. 472/90.]

 Section 38.04 BEFORE amended by BC Reg 234/2016, effective September 29, 2016.

Out of Province permits

38.04   A motor vehicle with an out of Province licence and bearing valid identification issued by its resident jurisdiction to identify it as a vehicle driven by or transporting a disabled person is, for the purpose of this Division, deemed to be bearing a permit.

[en. B.C. Reg. 472/90.]

 Section 38.05 BEFORE re-enacted by BC Reg 234/2016, effective September 29, 2016.

Cancellation of disabled parking permits

38.05   On being satisfied that

(a) a permit holder has contravened a provision of this Division,

(b) an applicant made a false statement in an application,

(c) a permit has been used in contravention of this Division,

(d) a permit is lost, stolen, mutilated, defaced, altered or has become illegible, or

(e) a vehicle is used in violation of a provision of this Division

the Insurance Corporation of British Columbia or the municipality or organization that issued the permit may cancel the permit.

[en. B.C. Reg. 472/90; am. B.C. Reg. 317/96, s. 1.]

 Section 38.06 BEFORE re-enacted by BC Reg 234/2016, effective September 29, 2016.

Notification of loss or theft

38.06   Where a permit is lost, stolen, mutilated, defaced, altered or has become illegible, the person to whom the permit was issued shall immediately notify the municipality or group that issued the permit of the loss, theft, mutilation, defacement, alteration or illegibility.

[en. B.C. Reg. 472/90.]

 Section 38.07 BEFORE repealed by BC Reg 234/2016, effective September 29, 2016.

Transitional provisions

38.07   Permits issued on behalf of municipalities, that are unexpired on January 1, 1991, shall be recognized and considered to be valid permits under this Division until they expire or, where no expiry date is given, until January 1, 1994.

[en. B.C. Reg. 472/90.]

 Section 38.08 (b) and (e) BEFORE amended by BC Reg 234/2016, effective September 29, 2016.

(b) stops, leaves standing or parks in a disabled zone a vehicle displaying a permit unless the vehicle is stopped, left standing or parked for the purpose of transporting a disabled person,

(e) lends or transfers a permit to another person, whether or not that person is disabled.

 Section 39.03 (1.1) was added by BC Reg 9/2010, effective January 14, 2010.

 Division 40, sections 40.01 to 40.16 BEFORE repealed by BC Reg 61/2017, effective March 1, 2017.

Division 40 — Motor Vehicle Emission Inspection and Maintenance

Definitions

40.01   (1) In this Division:

"AirCare inspection report" means a report issued by an inspection centre that identifies the motor vehicle inspected, indicates the results of the emission inspection, and assigns a pass, conditional pass or fail to the vehicle;

"air contaminant" means hydrocarbons, carbon monoxide, oxides of nitrogen, particulate matter or other components to be tested under this Division;

"certification plate" means a plate issued by the Insurance Corporation of British Columbia to an AirCare repair centre and used to imprint a repair/diagnostic information form;

"conditional pass" means a pass granted to a motor vehicle that has emission control system repairs and adjustments made by an AirCare repair technician and, on reinspection, complies with the requirements of section 40.08 (2);

"emission control device" means a device incorporated on a motor vehicle that permits, prevents or lessens the emission of air contaminants into the atmosphere;

"emission inspection" means an inspection and test of a motor vehicle for the purpose of certification of motor vehicle compliance under section 50 of the Act, and includes a reinspection of the motor vehicle;

"emission control system repairs and adjustments" means the repair or replacement of defective or missing emission control system parts, components or devices, and includes the adjustment of adjustable parts, components or devices which relate to or have a cause and effect on evaporative tailpipe emissions of air contaminants;

"engine" means the engine of a motor vehicle and includes the exhaust emission system;

"exhaust emission standard" means the exhaust emission standards as prescribed in the Exhaust Emission Standards Regulation;

"inspection centre" means a place operated by a contractor under a contract with the government or the Insurance Corporation of British Columbia to provide the emission inspection required by this Division;

"inspector" means a person employed by an inspection centre to perform an emission inspection;

"onboard emissions diagnostic device" means a device installed by a vehicle manufacturer in a motor vehicle for the purpose of diagnosing and storing emissions-related information;

"onboard emissions diagnostic device inspection" means an emissions inspection performed with an onboard emissions diagnostic device;

"repair cost limit" means the cost of emission control system repairs and adjustments that qualify a motor vehicle for a conditional pass;

"repair data" means repair information, entered on the reverse side of a repair/diagnostic information form, that has been completed and imprinted by an AirCare repair technician;

"repair/diagnostic information form" means information issued by an inspection centre that reports repair information associated with failure codes from a motor vehicle's on-board computer and accompanies the AirCare inspection report of a failed vehicle;

"replicar" means a motor vehicle as defined in section 7.01 (5) (a);

"replikit" means a motor vehicle as defined in section 7.01 (5) (b);

"specialty vehicle" means a vehicle

(a) built using new components that may or may not have been manufactured by the assembler, and

(b) unique in appearance;

"tamper" means

(a) to remove, destroy, disconnect or modify an emission control device or component, or

(b) to replace an emission control device or component with an emission control device or component that is not approved by the Insurance Corporation of British Columbia

but does not include

(c) the removal of a thermatic air cleaner and replacement with an air cleaner of another type if a vehicle is fuelled by

(i) gasoline and propane or gasoline and natural gas, or

(ii) propane only or natural gas only, or

(d) the removal of a gasoline cap or an evaporative system, or both, if a vehicle is fuelled by propane only or natural gas only;

"technician card" means an embossed card issued by the superintendent to an AirCare repair technician and used to imprint a repair/diagnostic information form;

"transient driving cycle emission inspection" means an emission inspection that includes sampling of the motor vehicle emissions while the motor is operating according to the test parameters for acceleration, deceleration, cruise and idle;

"ubilt" means a vehicle that does not resemble the vehicle from which its components were taken and that

(a) was built, and may have been built at home for personal use, by an individual,

(b) is used as a private passenger motor vehicle or a commercial motor vehicle, and

(c) has a gross vehicle weight of not more than 5 000 kg.

(2) Repealed. [B.C. Reg. 59/2016, App. 2, s. 3.]

(3) Repealed. [B.C. Reg. 161/2007, s. 5 (b).]

[en. B.C. Reg. 335/92; am. B.C. Regs. 317/96, ss. 1 and 11; 271/2000, s. 5; 401/2000, s. 1; 327/2006, App. B, s. 2; 161/2007, s. 5; 59/2016, App. 2, s. 3; 164/2016, s. 2.]

Application

40.02   This Division applies to every motor vehicle registered in British Columbia that is not in a class of motor vehicles or an area of British Columbia exempt by regulation of the Lieutenant Governor in Council under section 50 (2) of the Act.

[en. B.C. Reg. 335/92; am. B.C. Reg. 317/96, s. 12.]

Certification plate and technician card

40.03   (1) The Insurance Corporation of British Columbia may issue to each AirCare repair centre a certification plate suitable for imprinting the repair data portion of the repair/diagnostic information form.

(2) The certification plate issued under subsection (1) is the property of the Insurance Corporation of British Columbia and must be returned to the corporation.

(3) The Insurance Corporation of British Columbia may issue to each AirCare repair technician

(a) a certificate identifying his or her classification by motor vehicle fuel type, and

(b) a wallet sized technician card.

(4) The technician card issued under subsection (3) is the property of the Insurance Corporation of British Columbia and must be returned to the corporation.

(5) The Insurance Corporation of British Columbia may, for cause, suspend or cancel the certification of an AirCare repair centre or an AirCare repair technician.

[en. B.C. Reg. 335/92; am. B.C. Reg. 317/96, s. 13.]

Emission inspection certification

40.04   (1) Subject to section 50 (2) of the Act, before an application is made for a motor vehicle licence renewal, an inspection centre must first certify that the vehicle

(a) has passed the emission inspection, or

(b) has been granted a conditional pass of the emission inspection.

(2) A pass granted to a model year 1991 or older motor vehicle expires 363 days after the day on which the vehicle is certified as pass.

(3) A pass granted to a model year 1992 or newer motor vehicle as a result of a transient driving cycle emission inspection expires 363 days after the day on which the vehicle is certified as pass.

(4) On expiry of certification under subsection (3), the vehicle is again certified as pass, and this pass expires 363 days after the day that the pass expires under subsection (3), but the vehicle must not be certified as pass again until it undergoes another emission inspection.

(4.1) A pass granted to a model year 1998 or newer motor vehicle as a result of an onboard emissions diagnostic device inspection expires 363 days after the day on which the vehicle is certified as pass.

(4.2) On expiry of certification under subsection (4.1), the vehicle is again certified as pass, and this pass expires 363 days after the day that the pass expires under subsection (4.1), but the vehicle must not be certified as pass again until it undergoes another emission inspection.

(5) A pass granted to a model year 1992 or newer motor vehicle that could not be tested by a transient driving cycle emission inspection due to the configuration of the vehicle expires 363 days after the day on which the vehicle is certified as pass.

(6) A conditional pass granted to a motor vehicle expires 90 days after the day on which the vehicle is certified as conditional pass.

[en. B.C. Reg. 335/92; am. B.C. Regs. 130/95; 317/96, s. 14; 401/2000, s. 2; 327/2006, App. B, s. 3.]

Emission inspection procedure

40.05   (1) Every owner of a motor vehicle presented to an inspection centre for an emission inspection must

(a) produce the vehicle registration documents, which registration must accurately identify the vehicle to the satisfaction of an inspector,

(b) submit the vehicle to a visual inspection to determine if the vehicle can safely undergo an emission inspection,

(c) submit the vehicle to an inspection of emission control devices to determine if

(i) the vehicle is equipped with emission control devices of the same standard to which it was manufactured,

(ii) there is evidence of tampering with any emission control device, and

(iii) the emission control devices are operative,

(d) pay the fee for emission inspection prescribed in B.C. Reg. 334/91, the Motor Vehicle Fees Regulation, and

(e) after completion of the matters referred to in paragraphs (a) to (d), submit the vehicle

(i) to tests for exhaust emissions to determine if the vehicle is within the exhaust emission standards for a vehicle of that class, weight, model year and fuel type, or

(ii) to an onboard emissions diagnostic device inspection if the circumstances in section 40.052 are present.

(2) Subject to the approval of the South Coast British Columbia Transportation Authority, subsection (1) (c) (ii) and (iii) does not apply in respect of an emission control device

(a) that is no longer manufactured, or

(b) for which repair parts, including original equipment, after market and used parts, are no longer available.

(3) If the vehicle registration documents do not accompany a motor vehicle presented for emission inspection or do not properly describe the motor vehicle which is presented for emission inspection, the defect respecting the vehicle registration must be corrected before the vehicle can be inspected as required by this Division.

(4) If an inspector determines that

(a) a motor vehicle cannot safely undergo an emission inspection, the inspector must not perform the emission inspection,

(b) a motor vehicle is incapable of operating so that an emission inspection referred to in subsection (1) (e) may be performed, then the inspector may do one of the following:

(i) not perform the inspection and refund the fee referred to in subsection (1) (d);

(ii) discontinue the inspection and refund the fee referred to in subsection (1) (d), or

(c) a motor vehicle is incapable of operating so that one of the emission inspections referred to in subsection (1) (e) may be performed, but the motor vehicle is capable of operating so that the other emission inspection referred to in subsection (1) (e) may be performed, the inspector may perform the other emission inspection.

(5) Repealed. [B.C. Reg. 401/2000, s. 3.]

(5.1) and (6) Repealed. [B.C. Reg. 327/2006, App. B, s. 4 (c) and (d).]

(7) The owner of a motor vehicle that does not pass the inspection of emission control devices required by subsection (1) (c), the tests required by subsection (1) (e) (i) or the onboard emissions diagnostic device inspection referred to in subsection (1) (e) (ii) must be issued with

(a) an AirCare inspection report that states the vehicle has failed the emission inspection and gives the reasons for the failure, and

(b) a repair/diagnostic information form.

(8) The owner of a motor vehicle that passes or conditionally passes the emission inspection must be issued with an AirCare inspection report that states the vehicle has passed or conditionally passed the emission inspection.

(9) Repealed. [B.C. Reg. 401/2000, s. 3.]

(10) If the South Coast British Columbia Transportation Authority has determined that a motor vehicle is in a class of vehicle that is determined to be of interest for program evaluation purposes, the motor vehicle must submit to a transient driving cycle emission inspection in addition to the inspections that are otherwise required under section 40.05 (6) or 40.07.

[en. B.C. Reg. 335/92; am. B.C. Regs. 317/96, s. 271/2000, s. 1; 401/2000, ss. 3 and 4; 327/2006, App. B, s. 4; 351/2008, Sch. s. 17.]

Inspection criteria

40.051   (1) For the purposes of section 49 (1) (a.1) of the Act, the following criteria, when all are met, are deemed to indicate that a motor vehicle complies with the levels established under section 50 (2) (c) of the Act:

(a) the motor vehicle is fitted with an operative data link connector;

(b) fewer than 2 readiness monitors in the motor vehicle have a not ready status when the onboard emissions diagnostic device is interrogated;

(c) the malfunction indicator lamp is not commanded on by the onboard emissions diagnostic device.

[en. B.C. Reg. 327/2006, App. B, s. 5.]

Circumstances in which inspection criteria may be used

40.052   For the purposes of section 49 (1) (a.2) of the Act, the following are the circumstances in which the inspection criteria in section 40.051 may be applied:

(a) the motor vehicle is a model year 1998 or newer model year;

(b) the motor vehicle has a GVW of 3856 kg or less.

[en. B.C. Reg. 327/2006, App. B, s. 5.]

Emission control system repairs

40.06   The owner of a motor vehicle that fails the emission inspection may

(a) perform the emission control system repairs and adjustments or have another person perform the emission control system repairs and adjustments, or

(b) take the vehicle, accompanied by the AirCare inspection report and the repair/diagnostic information form, to any AirCare repair centre to have an AirCare repair technician perform the emission control system repairs and adjustments.

[en. B.C. Reg. 335/92.]

Reinspection of motor vehicle

40.07   (1) Every owner of a motor vehicle that has emission control system repairs and adjustments performed by a person referred to in section 40.06 may present the vehicle to an inspection centre for reinspection and, on reinspection, must pay the fee prescribed in B.C. Reg. 334/91, the Motor Vehicle Fees Regulation.

(2) The vehicle under subsection (1) is subject to the emission inspection procedure under section 40.05.

[en. B.C. Reg. 335/92.]

Conditional pass on reinspection

40.08   (1) This section does not apply to a motor vehicle that

(a) has emission control system repairs and adjustments performed by a person referred to in section 40.06 (a), or

(b) has in force an emissions warranty provided by the manufacturer or seller of the vehicle.

(2) A motor vehicle that has emission control system repairs and adjustments performed by an AirCare repair technician at an AirCare repair centre, and for which the repair data portion of the repair/diagnostic information form has been completed by the AirCare repair technician and either imprinted by the certification plate and technician card or validated electronically as required by the South Coast British Columbia Transportation Authority or the Insurance Corporation of British Columbia, must be granted a conditional pass on reinspection if

(a) emission control system repairs and adjustments are made to the vehicle in an amount not less than the repair cost limit prescribed in Column 2 of Table 1 or 2 of the Schedule to this Division,

(b) all emission control system repairs and adjustments identified by the AirCare repair technician are performed and the actual repair costs are less than the repair cost limit prescribed in Column 2 of Table 1 or 2 of the Schedule to this Division,

(c) some emission control system repairs and adjustments identified by the AirCare repair technician are performed and the actual repair costs are less than the repair cost limit prescribed in Column 2 of Table 1 or 2 of the Schedule to this Division but the cost in the aggregate of performing the remaining repairs and adjustments would exceed the repair cost limit, or

(d) a single item repair identified by the AirCare technician is in excess of the repair cost limit.

[en. B.C. Reg. 335/92; am. B.C. Regs. 400/92; 271/2000, s. 2; 351/2008, Sch. s. 18.]

Prohibitions

40.09   (1) No person shall advertise or display any visual identification that a repair centre is certified to perform emission control system repairs and adjustments for the purpose of this Division without the written consent of the Insurance Corporation of British Columbia.

(2) Subsection (1) does not apply to an AirCare repair centre.

(3) No person, other than the AirCare repair centre to whom a certification plate is issued, shall use a certification plate to imprint the repair data portion of a repair/diagnostic information form.

(4) No person, other than an AirCare repair technician to whom a technician card has been issued, shall

(a) certify the repair data portion of a repair/diagnostic information form, or

(b) use the technician card to imprint the repair data portion of a repair/diagnostic information form.

(5) No person shall produce or reproduce an AirCare inspection report, repair/diagnostic information form, certification plate or technician card except with the written authorization of the Insurance Corporation of British Columbia.

[en. B.C. Reg. 335/92; am. B.C. Reg. 317/96, s. 1.]

Application for recertification

40.10   (1) If the Insurance Corporation of British Columbia cancels the certification of an AirCare repair centre or an AirCare repair technician, the AirCare repair centre or the AirCare repair technician, as the case may be, may apply to the corporation for recertification and, on application, must pay the fee prescribed in B.C. Reg. 334/91, the Motor Vehicle Fees Regulation.

(2) The fee payable under subsection (1) must accompany each application for recertification.

[en. B.C. Reg. 335/92; am. B.C. Reg. 317/96, s. 1.]

Approved emission control devices

40.11   For the purpose of this regulation, no person shall replace a defective or missing emission control device with other than an emission control device acceptable to the South Coast British Columbia Transportation Authority and that is

(a) new and supplied by an original equipment manufacturer,

(b) new and supplied by an after market manufacturer, or

(c) used and in working condition.

[en. B.C. Reg. 335/92; am. B.C. Regs. 317/96, s. 1; 401/2000, s. 4; 351/2008, Sch. s. 19.]

Used catalytic converter

40.12   (1) For the purpose of reinspection of a motor vehicle following the failure of an emission inspection, no person shall install or have installed in the vehicle a used catalytic converter unless it can be shown, to the satisfaction of the South Coast British Columbia Transportation Authority, that the used catalytic converter is functional in the same manner as a new catalytic converter.

(2) A contravention of subsection (1) invalidates the results of an emission inspection that would otherwise grant a pass or conditional pass of the emission inspection.

[en. B.C. Reg. 335/92; am. B.C. Regs. 317/96, s. 1; 401/2000, s. 4; 351/2008, Sch. s. 20.]

Engine exchange

40.13   (1) If an engine is exchanged on or before August 31, 1993 with an engine that

(a) is from the same family of engines and the same model year as the engine with which the vehicle was originally manufactured,

(b) is from the same family of engines but a different model year as the engine with which the vehicle was originally manufactured,

(c) is from the same model year but a different family of engines from the engine with which the vehicle was originally manufactured, or

(d) is from a different model year and a different family of engines than the engine with which the vehicle was originally manufactured,

the emission control devices and exhaust emission standards for compliance are those applicable to the model year and weight of the vehicle as indicated on the vehicle registration documents.

(2) If an engine is exchanged after August 31, 1993, the engine must

(a) be the same model year as the engine with which the vehicle was originally manufactured, or

(b) be a newer model year than the engine with which the vehicle was originally manufactured.

(3) For the purposes of subsection (2), if the engine

(a) is the same model year as the engine with which the vehicle was originally manufactured, the emission control devices and exhaust emission standards for compliance are those applicable to the model year and weight of the vehicle as indicated on the vehicle registration documents, or

(b) is a newer model year than the engine with which the vehicle was originally manufactured, the emission control devices are those applicable to the model year of the exchange engine and the exhaust emission standards forcompliance are those applicable to the model year and weight of the vehicle as indicated on the vehicle registration documents.

[en. B.C. Reg. 335/92.]

Replicar, replikit, specialty vehicle and ubilt

40.14   (1) Section 40.13 does not apply to a replicar, replikit, specialty vehicle or ubilt.

(2) The exhaust emission standards for a replicar, replikit, specialty vehicle or ubilt registered on or before August 31, 1994 are those applicable to a 1972 model year motor vehicle of the same weight, engine displacement and vehicle type as set out in the Exhaust Emission Standards Regulation, B.C. Reg. 274/2000.

(3) Repealed. [B.C. Reg. 332/94.]

(4) The exhaust emission standards for a replicar, replikit, specialty vehicle or ubilt registered after August 31, 1994 are those applicable to a 1988 model year motor vehicle of the same weight, engine displacement and vehicle type as set out in the Exhaust Emission Standards Regulation, B.C. Reg. 274/2000.

(5) Repealed. [B.C. Reg. 332/94.]

[en. B.C. Reg. 335/92; am. B.C. Regs. 332/94; 235/2000, s. 2; 271/2000, ss. 3 to 5.]

Automated safety inspection

40.15   (1) The Insurance Corporation of British Columbia may require any motor vehicle that receives an emission inspection in a lane equipped with automated safety inspection equipment to submit to a safety inspection.

(2) The owner of a vehicle inspected under subsection (1) is not required to pay a fee for the safety inspection.

[en. B.C. Reg. 335/92; am. B.C. Reg. 317/96, s. 1.]

Offence and penalty

40.16   (1) A person who

(a) contravenes a provision of section 40.09,

(b) provides false information respecting repair data,

(c) alters or counterfeits an AirCare inspection report or repair/diagnostic information form, or

(d) uses an altered or counterfeit AirCare inspection report or repair/diagnostic information form to licence a motor vehicle,

commits an offence and is liable on conviction to a fine of not less than $500 and not more than $1 000.

(2) A person who falsely declares that a motor vehicle is in a class of motor vehicles exempted by regulation of the Lieutenant Governor in Council under section 50 (2) (a) of the Act commits an offence and is liable on conviction to a fine of $1 000.

[en. B.C. Reg. 335/92; am. B.C. Reg. 317/96, s. 12.]

Schedule

(Section 40.08 (2))

[en. B.C. Reg. 492/95; am. B.C. Reg. 401/2000, s. 5.]

Repair Cost Limit

1 The repair cost limit for a motor vehicle of a model year in Column 1 of Table 1 is the amount shown opposite in Column 2, if there is no evidence of tampering.

Table 1: No Tampering Repair Cost Limits

COLUMN 1
Model Year
COLUMN 2
Amount

pre-1981$300
1981-1987$400
1988-1991$500
1992-1998$600
post 1998no limit

2 The repair cost limit for a motor vehicle of a model year in Column 1 of Table 2 is the amount shown opposite in Column 2, if there is evidence of tampering.

Table 2: Tampering Repair Cost Limits

COLUMN 1
Model Year
COLUMN 2
Amount

pre-1981no limit
1981-1987no limit
1988-1991no limit
1992-1998no limit
post 1998no limit

3 Tables 1 and 2 are not cumulative.

4 The model year is as determined from vehicle registration documents.

5 Evidence of tampering or no tampering is as determined by a visual inspection of emission control devices for a vehicle presented for inspection.

 Division 40B, sections 40B.01 to 40B.03 were enacted by BC Reg 40/2010, effective October 1, 2010.

 Division 40B, Schedule U BEFORE repealed by BC Reg 353/2010, effective December 6, 2010.

Schedule U

[en. B.C. Reg. 412/99, s. (b).]

CRESTVIOLATION TICKET NUMBER

Certificate of Enforcement Officer

Motor Vehicle Act: Section 129 (1)
Disobey Red Light at Intersection

I,........................................, am an enforcement officer within the meaning of the Offence Act, and a qualified intersection safety camera officer of the prescribed traffic light safety device, namely a ......................................................... (the "Device") described in this certificate. For the purpose of providing evidence of an offence under section 129 (1) of the Motor Vehicle Act and pursuant to section 83.2 (2) of the Act, I certify that:

1. a) on ....................(yyyy-mm-dd), at ..........(24 hour clock) hours, and a motor vehicle (the "Vehicle") proceeding ............................... on ......................................................., with the licence plate number ....................., issued in the jurisdiction of .................................., was driven through the intersection at ............................................................... at or near .............................. in the Province of British Columbia while a clearly visible red light alone facing the Vehicle was exhibited by a traffic control signal governing the intersection, and

b) the traffic control signal was erected in accordance with the Motor Vehicle Act Regulations, and

c) the evidence of this alleged contravention was gathered through the use of the Device;

2. a) the Device gathered the evidence by photographing or capturing two images of the Vehicle and accurately and simultaneously recording data related to that Vehicle and the traffic control signal mentioned in paragraph 1. The description of data found in Photographs One and Two is on page 2 of this certificate, and

b) Photograph One was taken just before the Vehicle entered the .................................... ............................................. (marked crosswalk on the near side of the intersection/intersection) facing the red light alone exhibited by the traffic control signal, and

c) Photograph Two was taken just after Photograph One and shows the Vehicle in Photograph One in the intersection mentioned in paragraph 1;

3. a) the Device functioned properly in accordance with the manufacturer's specifications at the time of the alleged contravention;

4. a) the licence plate number on the Vehicle was identified from the evidence gathered by the Device by ..................................................................................... (method of identification), and

b) in this certificate all times referred to are indicated in the 24 hour clock format; and

5. the databox on the top centre of Photographs One and Two was electronically and simultaneously recorded in accordance with section 83.1 (10) of the Motor Vehicle Act and shows data in sequences from left to right and top to bottom on page 2.

Date Certificate Completed: ...............................

Enforcement Officer's Signature
and ITCU ID. #: ........................................................................................

CREST

Certificate of Enforcement Officer

Page 2

PHOTOGRAPH ONE

Reading from left to right:
The top line of Photograph One records the photograph time and date.
The middle line records:
• before the Y: the lane number in which the Vehicle was travelling, namely, ............................................................. .............................................................
• after the Y: the number of seconds* the traffic control signal was yellow before the red phase, and
• after the R: the number of seconds* the traffic control signal facing the Vehicle had been red before the photograph was taken.
The bottom line records:
• the violation number, and the location site identification code.

* The large number is seconds and the small number is rounded to a tenth of a second.

PHOTOGRAPH TWO

Reading from left to right:
The top line of Photograph Two records the photograph time and date.
The middle line records:
• the number of seconds **between Photograph One and Photograph Two, and
• after the R: the number of seconds* the traffic control signal facing the Vehicle had been red before the photograph was taken.
The bottom line records:
• the violation number, and
• after the V = or V: the speed of the Vehicle in kilometres per hour.

** Recorded to the hundredth of a second.
* The large number is seconds and the small number is rounded to a tenth of a second.

 Division 40B, Schedule W was added by BC Reg 353/2010, effective December 6, 2010.

 Section 40.01 (2) BEFORE repealed by BC Reg 59/2016, effective March 2, 2016.

(2) In this Division "exhaust emissions", "exhaust emission system", and "model year" have the same meaning as in section 29.01.

 Section 40.01, definitions of "replicar" and "replikit" BEFORE amended by BC Reg 164/2016, effective July 4, 2016.

"replicar" means a motor vehicle manufactured to resemble a previously known make and constructed entirely of new components;

"replikit" means a motor vehicle designed to resemble a previously known make and constructed of new or refurbished components;

 Section 41.01 (2) (c) was added by BC Reg 353/2010, effective December 6, 2010.

 Section 41.01 (2) (d) was added by BC Reg 211/2014, effective November 24, 2014.

 Section 41.02 (i) BEFORE amended by BC Reg 353/2010, effective December 6, 2010.

(i) Schedules U and V, in relation to section 129 (1) of the Act.

 Section 42.01 definition of "blood delivery vehicle" was added by BC Reg 198/2010, effective June 25, 2010.

 Section 42.01 definition of "electric motor vehicle" was added by BC Reg 64/2016, effective March 2, 2016.

 Section 42.01 definition of "freeway" BEFORE repealed by BC Reg 64/2016, effective March 2, 2016.

"freeway" means the Trans-Canada Highway #1, Highway #99 and Highway #17;

 Section 42.02 (3) BEFORE amended by BC Reg 198/2010, effective June 25, 2010.

(3)  Subsection (2) does not apply to

(a) the driver of a marked vehicle responding to a disabled vehicle or another emergency on the laned roadway where the high occupancy vehicle lane is located,

(b) the driver of an emergency vehicle,

(c) a peace officer on active duty, or

(d) an operator of a cycle, motor cycle, taxi or handy dart vehicle.

 Section 42.02 (1) (part) and (4) BEFORE amended by BC Reg 64/2016, effective March 2, 2016.

(1) A person must not stop or park a vehicle or cycle in a high occupancy vehicle lane on a highway other than a freeway except

(4) Despite subsection (3) (d), subsection (2) applies to an operator of a cycle, motor cycle, taxi or handy dart vehicle if a traffic control device specifies that the operator is not to use the high occupancy vehicle lane except as specified in subsection (2).

 Section 42.02 (2) BEFORE amended by BC Reg 64/2016, effective March 2, 2016.

(2) A driver of a vehicle that is not a high occupancy vehicle must not use a high occupancy vehicle lane on a highway other than a freeway except if necessary

(a) to make a right turn from the lane, at the first intersection where the turn is permitted, to access a highway intersecting the lane or premises adjacent to the lane,

(b) to make a right turn from an intersecting highway or premises adjacent to the lane, at the first intersection where the turn is permitted, to access the highway in which the lane is situated, or

(c) to merge into an adjacent vehicle lane for the purposes of paragraph (b).

 Section 42.02 (3) (a) and (d) BEFORE amended by BC Reg 64/2016, effective March 2, 2016.

(a) the driver of a marked vehicle responding to a disabled vehicle or another emergency on the laned roadway where the high occupancy vehicle lane is located,

(d) an operator of a cycle, motor cycle, taxi or handy dart vehicle, or

 Section 42.03 (3) BEFORE amended by BC Reg 198/2010, effective June 25, 2010.

(3)  Subsection (2) does not apply to

(a) the driver of a marked vehicle responding to a disabled vehicle or another emergency on the freeway,

(b) the driver of an emergency vehicle,

(c) a peace officer on active duty, or

(d) an operator of a motor cycle, taxi or handy dart vehicle.

 Section 42.03 BEFORE repealed by BC Reg 64/2016, effective March 2, 2016.

Rules for use of high occupancy lanes — Trans-Canada Highway

42.03   (1) A person must not stop or park a vehicle in a high occupancy vehicle lane on a freeway except

(a) to comply with a traffic control device,

(b) to comply with the instructions given by an officer, or

(c) the driver of the following vehicles while attending to a disabled vehicle or an emergency:

(i) an emergency vehicle;

(ii) a marked vehicle.

(2) A driver of a vehicle that is not a high occupancy vehicle must not use a high occupancy vehicle lane on a freeway.

(3) Subsection (2) does not apply to

(a) the driver of a marked vehicle responding to a disabled vehicle or another emergency on the freeway,

(b) the driver of an emergency vehicle,

(c) a peace officer on active duty,

(d) an operator of a motor cycle, taxi or handy dart vehicle, or

(e) the driver of a blood delivery vehicle while transporting blood or blood products.

[en. B.C. Reg. 314/98, s. 2; am. B.C. Regs. 257/2000, s. 3; 198/2010, Sch. s. 2.]

 Section 43.01 BEFORE amended by BC Reg 238/2010, effective September 20, 2010.

 Notice of driving prohibition

43.01  The prescribed notice of driving prohibition and instructions for the purpose of section 94.1 (3) of the Act and the prescribed certificate of service for the purpose of section 94.3 (c) of the Act is set out in Form 1.

[en. B.C. Reg. 160/97.]

 Sections 43.02 to 43.07 BEFORE repealed by BC Reg 238/2010, effective September 20, 2010.

 Statutory declaration
lost, stolen or destroyed driver's licence

43.02  The prescribed form of statutory declaration for the purpose of section 94.4 (1) (c) of the Act is set out in Form 2.

[en. B.C. Reg. 160/97.]

 Report to superintendent

43.03  (1)  The prescribed forms of report to the superintendent for the purposes of section 94.3 (d) of the Act are set out in Forms 2.1 and 3.

(2)  The prescribed form of report to the superintendent for the purposes of sections 104.4 (1) (c) (i) and 105.3 (1) (c) (i) of the Act is set out in Form 3.

[en. B.C. Reg. 418/2000, s. (b).]

 Notice of impoundment

43.04  The prescribed notice of impoundment and instructions for the purposes of sections 104.4 (3) and 105.3 (3) of the Act are set out in Form 4.

[en. B.C. Reg. 160/97.]

 Lien on impounded vehicle

43.05  The following costs and charges are prescribed under sections 104.5 (2) (a) and 105.4 (2) (a) of the Act:

(a) for storage:

(i)  $19.55 per day for impound lots located within the Greater Vancouver Regional District, the District of Squamish, the District of Chilliwack, the District of Abbotsford, the District of Mission or the City of Victoria;

(ii)  $16.10 per day for impound lots located outside the areas described in subparagraph (i);

(b) for towing, as set out in the following table:

ItemDistance and AmountsSize and Weight Categories
Column 1Column 2
Up to
3 628 kg/GVW
Automobiles, vans,
pickups, motorcycles,
etc.*
Column 3
3 629 kg to
7 257 kg/GVW
Medium duty
trucks and trailers,
etc.*
Column 4
7 258 kg/GVW
and over
Heavy trucks
and trailers, etc.*
1Up to 6.0 km$78.89$92.17$153.64
26.1 to 16.0 km, Add per km$2.99$3.45$4.31
316.1 to 32.0 km, Add per km$2.47$3.16$3.68
432.1 km and over, Add per km$2.19$2.59$2.99
* Appropriate size towing vehicle to be used

[en. B.C. Reg. 61/99; am. B.C. Regs. 91/2001; 183/2002; 365/2005; 10/2007; 113/2009.]

 Statutory declaration — stolen vehicle

43.06  The prescribed form of statutory declaration for the purposes of sections 104.1 (4) (a) and 105.1 (4) (a) of the Act is set out in Form 5.

[en. B.C. Reg. 160/97.]

 Statutory declaration — vehicle disposal

43.07  The prescribed form of statutory declaration for the purposes of sections 104.5 (6) (b) (i) and 105.4 (6) (b) (i) of the Act is set out in Form 6.

[en. B.C. Reg. 160/97.]

 Section 43.08 BEFORE amended by BC Reg 238/2010, effective September 20, 2010.

 Fees

43.08  (1)  The prescribed hearing fee for review of a driving prohibition under section 94.4 (1) (b) (ii) of the Act is $50.

(2)  The prescribed fee for an oral hearing under section 94.4 (5) (b) of the Act is $100.

(3)  The prescribed fee for a review of an impoundment under sections 104.6 (1) (b) (ii) and 105.5 (1) (b) (ii) of the Act is $50.

(4)  The prescribed fee for an oral hearing under sections 104.6 (5) (b) and 105.5 (5) (b) of the Act is $100.

(5)  The prescribed hearing fee under sections 104.9 (1) (b) (ii) and 105.8 (1) (b) (ii) of the Act is $50.

(6)  The prescribed fee for an oral hearing under sections 104.9 (5) (b) and 105.8 (5) (b) of the Act is $100.

(7)  The prescribed application fee for the release of a motor vehicle on compassionate grounds under sections 104.91 (3) (c) and 105.9 (3) (c) of the Act is $100.

(8)  The prescribed vehicle release fee for the release of a motor vehicle on compassionate grounds under sections 104.91 (4) (b) and 105.9 (4) (b) of the Act is $100.

(9)  The prescribed application fee for the release of a motor vehicle on economic hardship grounds under section 105.95 (2) (c) of the Act is $100.

(10)  The prescribed impound release fee for the release of a motor vehicle on economic hardship grounds under section 105.95 (3) (b) of the Act is $450.

[en. B.C. Reg. 160/97; am. B.C. Reg. 165/2002.]

 Section 43.09 was enacted by BC Reg 238/2010, effective September 20, 2010.

 Division 43, Forms 2 to 6 BEFORE repealed by BC Reg 238/2010, effective September 20, 2010.

Form 2

[en. B.C. Reg. 160/97.]

[section 43.02]

Form 2.1

[en. B.C. Reg. 418/2000, s. (c).]

[section 43.03]

Form 3

[en. B.C. Reg. 160/97.]

[section 43.03]

Form 4

[en. B.C. Reg. 160/97.]

[section 43.04]

Form 5

[en. B.C. Reg. 160/97.]

[section 43.06]

Form 6

[en. B.C. Reg. 160/97.]

[section 43.07]

 Division 43, Form 7 was added by BC Reg 238/2010, effective September 20, 2010.

 Division 43, Form 7 BEFORE re-enacted by BC Reg 119/2012, effective June 15, 2012.

Form 7

[en. B.C. Reg. 238/2010, Sch. s. 5.]

[section 43.01 (2)]

 Section 44.2 (2) BEFORE self-repealed by BC Reg 26/58, effective January 1, 2011.

(2)  Subsection (1) does not apply to an operator of an accessible taxi if the vehicle

(a) was placed into commercial service before July 1, 2000, and

(b) meets the mobility aid securement and occupant restraint requirements in section 44.8.

 Division 46 BEFORE re-enacted by BC Reg 12/2016, effective February 3, 2016.

Division 46 — Remedial Courses and Programs for Drivers

Fees

46.01   (1) The prescribed fee for a remedial program under section 25.1 of the Act is $880.

(2) The prescribed fee for an ignition interlock program under section 25.1 of the Act is $150.

[en. B.C. Reg. 174/2005.]

 Section 46.10 (1) BEFORE amended by BC Reg 117/2016, effective June 16, 2016.

(1) The prescribed fee for a remedial program under section 25.1 or 25.2 of the Act is $880.

 Section 47.01 (b) BEFORE amended by BC Reg 145/2013, effective April 1, 2013.

(b) an ambulance as defined in the Emergency and Health Services Act,

 Section 47.01 BEFORE re-enacted by BC Reg 227/2014, effective January 1, 2015.

Definition

47.01   In this Division, "official vehicle" means

(a) a motor vehicle operated by a peace officer, constable or member of the police branch of Her Majesty's Armed Forces in the discharge of his or her duty,

(b) an ambulance as defined in the Emergency Health Services Act,

(c) a motor vehicle operated by fire services personnel as defined in the Fire Services Act in the discharge of personnel duties,

(d) a tow car, and

(e) a motor vehicle operated by one of the following in the discharge of his or her duty:

(i) a member of the Conservation Officer Service as described in section 106 of the Environmental Management Act;

(ii) a person authorized to exercise the powers and perform the duties of a constable or peace officer for purposes set out in the Inspectors Authorization Regulation, B.C. Reg. 372/92;

(iii) a person authorized to exercise the powers conferred on, and perform the duties of, peace officers for the purposes of enforcing the Passenger Transportation Act and the Passenger Transportation Regulation;

(iv) a park ranger appointed under section 4 (2) of the Park Act;

(v) a person employed in the Ministry of Forests and Range who is appointed as a special provincial constable under section 9 of the Police Act.

[en. B.C. Reg. 148/2009, s. 2; am. B.C. Reg. 145/2013, App. 2, s. 11 (b).]

 Section 47.02 (1) BEFORE amended by BC Reg 227/2014, effective January 1, 2015.

(1) Subject to subsection (2), if an official vehicle with illuminated flashing red or blue lamps or lights, or both, or flashing amber lamps or lights is stopped on or on the side of a highway, a person driving a motor vehicle on the highway in either direction must drive the motor vehicle at the following rate of speed when approaching or passing the official vehicle:

(a) 70 km/h if signs on the highway limit the rate of speed to 80 km/h or more;

(b) 40 km/h if signs on the highway limit the rate of speed to less than 80 km/h.