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This Act has "Not in Force" sections. See the Table of Legislative Changes.

Motor Vehicle Act

[RSBC 1996] CHAPTER 318

Definitions

1  In this Act:

"accident" includes an intentional collision;

"adult" means a person who has reached 19 years of age;

"air contaminant" means a solid, liquid, gas, odour or combination of any of them that contributes to air pollution;

"air pollution" means the presence in the outdoor atmosphere of an air contaminant in quantities that may

(a) cause discomfort to or endanger the health or safety of persons,

(b) cause injury or damage to property or to plant or animal life, or

(c) interfere with visibility or other normal conduct of transport or business;

"bus" means a motor vehicle designed to carry more than 10 persons;

"certificate of insurance" means a certificate issued under the Insurance (Vehicle) Act and to the holder of a licence, permit or any class of licence or permit issued under this Act, whether issued as part of the licence or permit or as a separate document;

"commercial vehicle" has the same meaning as commercial vehicle in the Commercial Transport Act;

"convicted" has the same meaning as in section 30.1 of the Insurance (Vehicle) Act;

"dangerous article" includes inflammable or corrosive liquids and liquefied petroleum gas;

"dealer" means a motor dealer as defined in the Motor Dealer Act;

"director" means the Director of Commercial Vehicle Safety appointed under section 116.1;

"driver's certificate" means a driver's certificate as defined in the Insurance (Vehicle) Act;

"emergency vehicle" means any of the following:

(a) a motor vehicle, or cycle as defined in Part 3, carrying rescue or first aid equipment if there is an urgent emergency justifying a rate of speed in excess of any maximum rate of speed provided for in this Act;

(b) a motor vehicle, or cycle as defined in Part 3, driven by a member of a fire department in the discharge of his or her duties;

(c) a motor vehicle, or cycle as defined in Part 3, driven 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;

"farmer" means a person who resides on a farm and makes his or her principal living by farming it;

"farm tractor" means a motor vehicle designed and used primarily as an implement of husbandry for drawing agricultural equipment;

"financial responsibility card" means a card issued under section 111 (1);

"fine indebtedness" means an indebtedness referred to in section 26 (1) (c);

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

"highway" includes

(a) every highway within the meaning of the Transportation Act,

(b) every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and

(c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited,

but does not include an industrial road;

"implement of husbandry" means a vehicle designed and adapted exclusively for use in agricultural operations and includes a farm tractor and a trailer towed by an implement of husbandry, but does not include

(a) a vehicle used primarily to transport persons or property on a highway, or

(b) a bulldozer, grader or other vehicle of a similar nature designed for nonagricultural purposes, whether it is being used exclusively in connection with an agricultural operation or not;

"industrial road" means industrial road as defined in the Industrial Roads Act, and includes a forest service road as defined in the Forest Act and land designated as a development road under section 139 (1) of the Petroleum and Natural Gas Act;

"industrial utility vehicle" means a motor vehicle that

(a) is used for work purposes, including industrial, maintenance or landscaping purposes, and, at the time it 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, or

(b) is in a prescribed class of motor vehicles,

but does not include a vehicle in a class of motor vehicles excluded by regulation;

"insurance premium" means the premium established under the Insurance (Vehicle) Act for a motor vehicle liability policy and includes the basic premium and any additional premium, as defined in that Act;

"manufactured home" means a trailer that may or may not be placed on a foundation and is designed for use as an all season residence and for connection to utilities;

"minister" includes a person designated in writing by the minister;

"mobile equipment" means a self-propelled device that is incapable of exceeding 10 km/h and that

(a) can be steered only by an operator walking or standing behind, walking in front of or walking alongside the device,

(b) is a work platform used to raise and lower the following:

(i)   the operator of the platform;

(ii)   tools and supplies, or

(c) is in a prescribed class of devices,

but does not include a device in a class of devices excluded by regulation;

"motor assisted cycle" means a device

(a) to which pedals or hand cranks are attached that will allow for the cycle to be propelled by human power,

(b) on which a person may ride,

(c) to which is attached a motor of a prescribed type that has an output not exceeding the prescribed output, and

(d) that meets the other criteria prescribed under section 182.1 (3);

"motor home" means a motor vehicle designed or used primarily for accommodation during travel or recreation, but does not include a motor vehicle that has attached to it a structure

(a) designed or used primarily for accommodation during travel or recreation, and

(b) designed or intended to be detachable;

"motor vehicle" means a vehicle, not run on rails, that is designed to be self propelled or propelled by electric power obtained from overhead trolley wires, but does not include mobile equipment or a motor assisted cycle;

"motor vehicle indebtedness" has the meaning set out in paragraphs (a) to (f) of the definition of "vehicle indebtedness" in section 93.1 of the Insurance (Vehicle) Act;

"motor vehicle liability insurance card" means a card issued under the Insurance (Vehicle) Act in respect of a motor vehicle liability policy, and may be part of a certificate of insurance;

"motor vehicle liability policy" means a certificate issued under Part 1 of the Insurance (Vehicle) Act and the regulations under that Part;

"motor vehicle related Criminal Code offence" means

(a) an offence committed before December 4, 1985 under section 203, 204, 219, 233, 234, 235 or 236 of the Criminal Code as it then was,

(b) an offence committed on or after December 4, 1985 and before December 12, 1988 under section 203, 204, 219, 233, 236, 237, 238, 239 or 242 of the Criminal Code as it then was,

(c) an offence committed on or after December 12, 1988 under section 220, 221, 236, 249 (1) (a), (3) or (4), 252 (1), 253 (a) or (b), 254 (5), 255 (2) or (3) or 259 (4) of the Criminal Code,

(d) an offence committed under section 249.1 of the Criminal Code on or after a date prescribed by the Lieutenant Governor in Council,

(e) an offence committed under section 249.2, 249.3, 249.4 or 255 (2.1), (2.2), (3.1) or (3.2) of the Criminal Code, or

(f) an offence committed under a prescribed provision of the Criminal Code

if the offence arose out of or was related to the operation, care or control of a motor vehicle or that was committed by means of a motor vehicle;

"motorcycle" means a motor vehicle that runs on 2 or 3 wheels and has a saddle or seat for the driver to sit astride;

"number plates" means the number plates issued under this Act as well as validation decals for attachment to number plates issued under this Act;

"owner" includes a person in possession of a motor vehicle under a contract by which he or she may become its owner on full compliance with the contract;

"owner's certificate" means an owner's certificate as defined in the Insurance (Vehicle) Act;

"owner's licence" means a licence issued under section 3, 5, 6 or 38;

"peace officer" means a constable or a person who has a constable's powers;

"prescribed" means prescribed by this Act or by regulation of the Lieutenant Governor in Council or of the minister;

"prohibited from driving a motor vehicle" means prohibited from driving a motor vehicle on a highway or an industrial road;

"rural area" does not include treaty lands;

"school bus" means a motor vehicle used to convey children to or from school by or under a contract with the authority in charge of the school;

"station wagon" means a dual purpose vehicle designed for transporting not more than 9 persons, with a rear seat accessible from a side door, and designed so that the seats may be removed or folded out of the way to increase the property carrying space in the vehicle;

"superintendent" means the Superintendent of Motor Vehicles;

"taxi" means a motor vehicle designed to carry not more than 10 persons that, with its driver, is operated for hire;

"tow car" means a motor vehicle used exclusively for towing or rendering assistance to other motor vehicles or to vehicles suffering from a defect or disability in their means of locomotion;

"trailer" means a vehicle that is at any time drawn on a highway by a motor vehicle, except

(a) an implement of husbandry,

(b) a side car attached to a motorcycle, and

(c) a disabled motor vehicle that is towed by a tow car,

and includes a semi-trailer as defined in the Commercial Transport Act;

"vehicle" means a device in, on or by which a person or thing is or may be transported or drawn on a highway, but does not include a device designed to be moved by human power, a device used exclusively on stationary rails or tracks, mobile equipment or a motor assisted cycle;

"vehicle insurance" means vehicle insurance as defined in the Insurance (Vehicle) Act.

Part 1

Application of Act

2  (1) In this section, "private road" means a private road used by the public for vehicular traffic with permission of the owner or licensee of the road.

(2) This Act does not apply to the driving or operation of a mechanically propelled invalid's chair that is used only for the purposes for which it was designed.

(3) Despite subsection (2), a person must not drive or operate on a highway a mechanically propelled invalid's chair of a type or class prescribed by the Lieutenant Governor in Council as a motor vehicle unless the person complies with this Act.

(4) [Repealed 1997-31-2.]

(5) The provisions of this Act respecting the registration and licensing of motor vehicles and trailers and the licensing of drivers of motor vehicles do not apply to prohibit

(a) the temporary driving, propelling, drawing or moving of an implement of husbandry on a highway by or on behalf of a farmer unless the implement is used

(i)   to carry, on a highway, passengers or goods other than farm produce, supplies, stock, fertilizer, tools or seeds being carried from one place on a farm to another place on the same farm, or

(ii)   to tow, on a highway, a trailer used to carry passengers or goods other than farm produce, supplies, stock, fertilizer, tools or seeds being carried from one place on a farm to another place on the same farm, or

(b) the use of a trailer towed by a tractor licensed under section 8 by a farmer to transport on the trailer the produce of the farmer's farm to market and to transport supplies for that farm from market.

(6) A motor vehicle or trailer exempted from registration and licensing under subsection (5) is deemed, for the purpose of the Insurance (Vehicle) Act, to be registered and licensed under this Act.

(7) A person who is under 15 years of age must not drive or operate an implement of husbandry on a highway.

(8) A commercial vehicle registered and licensed under a section of the Commercial Transport Act is deemed to be registered and licensed under the section of this Act that is identical except for the substitutions mentioned in section 4 of the Commercial Transport Act, and a commercial vehicle exempt from registration and licensing under the Commercial Transport Act is also exempt from registration and licensing under this Act.

(9) Except under sections 95, 102 and 144, a person must not be charged with or convicted of an offence under the Motor Vehicle Act as the result of the driving or operation of a motor vehicle or trailer

(a) on a private road owned by the owner or lessee of the motor vehicle, or

(b) in an industrial use by an industrial user on a private road by arrangement with the owner of the road.

(10) Despite this section, but subject to subsection (11), a person must not drive or operate a motor vehicle or trailer referred to in this section unless

(a) the person holds a subsisting driver's licence of a class appropriate to the category of motor vehicle driven or operated,

(b) the person is insured under a valid and subsisting driver's certificate, and

(c) the motor vehicle and the trailer, if any, are insured under a valid and subsisting motor vehicle liability policy evidenced by an owner's certificate.

(11) Subsection (10) applies only to motor vehicles or trailers or drivers referred to in this section that are designated by order of the Lieutenant Governor in Council.

(12) The provisions of this Act respecting registration and licensing of vehicles do not apply to a vehicle being towed on a highway by a vehicle designed or used primarily for towing, or rendering assistance to, other vehicles.

(13) For the purposes of subsection (12), "vehicle being towed" does not include a manufactured home, a semi-trailer as defined in the Commercial Transport Act and other vehicles prescribed by the Lieutenant Governor in Council.

Registration, licence and insurance

3  (1) Except as otherwise provided under this Act, the owner of a motor vehicle or trailer must, before it is used or operated on a highway,

(a) register the motor vehicle or trailer with the Insurance Corporation of British Columbia,

(b) obtain a licence for its operation under this section, and

(c) obtain for it an owner's certificate under the Insurance (Vehicle) Act.

(2) Despite subsection (1), a trailer towed by a tractor licensed under section 8 need not be licensed.

(3) The owner must apply for

(a) registration and licence in the form required by the Insurance Corporation of British Columbia, and

(b) a motor vehicle liability policy.

(4) The form of motor vehicle liability policy referred to in subsection (3) (b) must be signed by the owner and delivered to the Insurance Corporation of British Columbia, a government agent or a person authorized in writing by the corporation for the purposes of this section, together with the prescribed fees, the insurance premium and the amount of tax owing in respect of the motor vehicle under the Social Service Tax Act, the Consumption Tax Rebate and Transition Act or , section 212.1 or 218.1 or Division IV.1 of Part IX of the Excise Tax Act (Canada) or the Provincial Sales Tax Act.

(5) For the purpose of every section of this Act requiring a person to obtain a certificate of insurance or pay an insurance premium or a premium for a driver's certificate,

(a) a government agent, or

(b) a person authorized in writing under section 9.2 (3) (b) of the Insurance Corporation Act

may act as an agent of the Insurance Corporation of British Columbia for the purposes of the Insurance (Vehicle) Act, despite section 9.2 of the Insurance Corporation Act, but a government agent or a person so authorized is not considered to be an insurance agent or insurance salesperson under the Financial Institutions Act and is not required to be licensed under that Act.

(6) For the purpose of every section requiring a person to obtain a licence or permit for a motor vehicle or to drive and operate a motor vehicle, an agent of the Insurance Corporation of British Columbia, appointed under section 9.2 of the Insurance Corporation Act, is deemed to be a person authorized in writing by the corporation.

(7) On receiving the application in the form required by the Insurance Corporation of British Columbia, and on being satisfied of the truth of the facts stated in the application, and that the prescribed fees and insurance premium established under the Insurance (Vehicle) Act have been paid, the corporation must cause the name and address of the owner and a description of the motor vehicle or trailer to be registered in a file or index to be kept for that purpose, and must cause the following to be issued to the owner:

(a) a numbered licence in the form established by the corporation, showing registration of the motor vehicle or trailer and authorizing its use and operation in accordance with this Act;

(b) one distinctive number plate in the case of a motorcycle or trailer, and 2 distinctive number plates in the case of a motor vehicle other than a motorcycle;

(c) an owner's certificate and motor vehicle liability insurance card.

(8) Fees are not payable for the registration or licensing of a motor vehicle or trailer owned or used by a person who, through active service in the Armed Forces of the Crown in a war has lost a limb or is receiving a 100% disability pension, but the exemption granted by this subsection does not extend to the concurrent registration or licensing of more than one motor vehicle and one trailer for the same person, or to the insurance premium payable under subsection (4).

(9) On an application for the registration and licensing of a motor vehicle imported into British Columbia that has been registered or licensed at a place outside British Columbia, the Insurance Corporation of British Columbia may, as a condition of issuing the licence, require the applicant to deliver to the corporation the existing licence or certificate of registration and the current number plates issued for the motor vehicle outside British Columbia, to be retained by the corporation while the motor vehicle is used or operated in British Columbia.

(10) The Insurance Corporation of British Columbia may refuse to issue a licence for the operation of a motor vehicle or trailer if

(a) any fee or part of a fee for a previous licence issued under this Act for the motor vehicle or trailer is unpaid,

(b) any insurance premium or part of it for a previous owner's certificate issued under the Insurance (Vehicle) Act is unpaid, or

(c) any amount owing in respect of the motor vehicle under

(i)   the Social Service Tax Act,

(ii)   the Consumption Tax Rebate and Transition Act,

(iii)   section 212.1 or 218.1 or Division IV.1 of Part IX of the Excise Tax Act (Canada), or

(iv)   the Provincial Sales Tax Act

is not paid to the corporation.

Exemptions – registration, licence and insurance

3.1  (1) Section 3 (1) does not apply in respect of the following vehicles if they are used or operated on a highway only in accordance with the conditions in this section and in the regulations, if any:

(a) golf carts;

(b) industrial utility vehicles;

(c) a vehicle in a prescribed class of vehicles.

(2) This section also applies in respect of a trailer towed by an industrial utility vehicle to which this section applies.

(3) Section 3 (1) does not apply in respect of a golf cart or an industrial utility vehicle owned or leased by the owner or operator of a golf course if the golf cart or the industrial utility vehicle is used or operated only as follows:

(a) on a parking lot or driveway of the golf course;

(b) to cross a highway that intersects the golf course, for the purpose of travelling from one part of a golf course to another part of the same golf course;

(c) in the case of an industrial utility vehicle,

(i)   on the untravelled portion of a highway immediately adjacent to the golf course, and

(ii)   on the highway immediately adjacent to a worksite where the industrial utility vehicle is being or will be used or operated to perform work, for the purpose of unloading or loading the industrial utility vehicle from or to another motor vehicle or trailer.

(4) Section 3 (1) does not apply in respect of an industrial utility vehicle owned or leased by a person other than an owner or operator of a golf course if the industrial utility vehicle is used or operated only as follows:

(a) on a parking lot or driveway, by or on behalf of the owner or operator of the parking lot or driveway;

(b) to cross a highway that intersects a worksite where the industrial utility vehicle is being used or operated to perform work;

(c) at a worksite on the untravelled portion of a highway;

(d) on the highway immediately adjacent to a worksite where the industrial utility vehicle is being or will be used or operated to perform work, for the purpose of unloading or loading the industrial utility vehicle from or to another vehicle or trailer;

(e) at a worksite located on a highway, provided the worksite is not accessible to the public.

Restriction on registration

4  (1) A registration must not be made or a licence issued under this Act in respect of a vehicle except in the name of the owner of the vehicle.

(2) If the owner of a vehicle is not an individual, a registration or licence must not be made or issued in respect of the vehicle unless the owner is

(a) a corporation incorporated under the laws of British Columbia,

(b) an extraprovincial company within the meaning of the Business Corporations Act, or

(c) an entity prescribed by or comprised in a class prescribed by the Lieutenant Governor in Council.

Repealed

5  [Repealed 2008-15-18.]

Payment of premium

6  The Insurance Corporation of British Columbia must not issue any of the following unless the appropriate insurance premium under section 3 (4) has been paid and a certificate of insurance has been issued:

(a) a licence for a farm tractor under section 8;

(b) a special licence under section 9 or 10;

(c) a demonstration licence under section 38;

(d) a transporter's licence under section 41;

(e) a manufacturer's licence under section 42;

(f) a licence under the Commercial Transport Act.

Underage applicants

7  (1) An application for registration and licence of a motor vehicle or a notice of transfer of a motor vehicle licence must not be accepted if the applicant or the transferee is under 18 years of age, unless

(a) it is also signed by a parent or guardian of the applicant or transferee, or

(b) if the applicant or transferee is unable to obtain the signature of a parent or guardian, the applicant proves to the Insurance Corporation of British Columbia's satisfaction that he or she is self supporting and unable to obtain the signature of a parent or guardian, or is married.

(2) If a motor vehicle has been registered and licensed in or transferred into the name of a person under 18 years of age in accordance with subsection (1), and

(a) the parent or guardian, in writing, withdraws his or her consent, or

(b) proof is produced that satisfies the Insurance Corporation of British Columbia that the person was not self supporting, or was not married,

the corporation must suspend the licence of the motor vehicle and must not reinstate it or issue a new licence for the vehicle to that person until he or she reaches 18 years of age or subsection (1) is complied with.

(3) The licensee of a motor vehicle for which the licence has been suspended under subsection (2) must immediately deliver the licence and its corresponding number plates to the Insurance Corporation of British Columbia.

Licences for farm tractors

8  (1) The Insurance Corporation of British Columbia may issue a licence for a farm tractor owned by a farmer if the tractor is used for

(a) towing a trailer to transport the produce of the farmer's own farm to market and to transport supplies for that farm, or

(b) towing an implement of husbandry used by or on behalf of the farmer.

(2) A licence issued under this section is not in force during any time the motor vehicle is operated or used on a highway otherwise than for the purpose stated in the licence.

(3) The Insurance Corporation of British Columbia may, in the corporation's discretion and without holding a public or other hearing, cancel a licence issued under this section.

(4) On notice of the cancellation of a licence under subsection (3), the licensee must immediately deliver the licence and its corresponding number plates to the Insurance Corporation of British Columbia.

Special licence for motor vehicles used in industry

9  (1) If 2 or more motor vehicles belonging to the same owner are registered under this Act and are used exclusively in the conveyance of personal property in an industry carried on by that owner, and are all ordinarily used and operated entirely on premises other than a highway, but it is necessary for purposes of the industry that one of them occasionally be used or operated on a highway, the Insurance Corporation of British Columbia, on being satisfied as to the facts, may in the corporation's discretion cause one licence with its corresponding number plates to be issued in respect of all those motor vehicles, authorizing the use and operation of each of them in accordance with the provisions of this Act.

(2) The form of the licence under this section and the application for it must be varied accordingly.

(3) All the motor vehicles covered by a licence under this section, as long as they are used exclusively in the industry carried on by the owner, are deemed to be sufficiently licensed for the purposes of this Act, but only one of those motor vehicles may be operated on a highway at any one time.

(4) The annual licence fee payable for a licence issued under this section must equal the largest annual licence fee prescribed under this Act in respect of the motor vehicles covered by the licence.

Special licence for tractors, etc.

10  (1) The Insurance Corporation of British Columbia may, in respect of any motor vehicle known or described as a tractor, grader, loader, shovel, roller, mixer, crane or other self-propelled construction machinery used in performing work at a worksite located in or on a mine or industrial undertaking, cause a licence to be issued permitting the operation of the motor vehicle on a highway for the purposes of

(a) proceeding to or returning from the worksite without carrying a load, or

(b) if the worksite is on the highway, carrying a load at the worksite, provided the worksite is not accessible to the public.

(1.1) The form of the licence under subsection (1) must be varied accordingly.

(2) A licence issued under subsection (1) is not in force during any time the motor vehicle is operated or used on a highway otherwise than for the purposes stated in the licence.

(3) The Insurance Corporation of British Columbia may, in the corporation's discretion and without holding a formal or public or other hearing, cancel a licence issued under this section.

(4) On notice of the cancellation of a licence under subsection (3), the licensee must immediately deliver the licence and its corresponding number plates to the Insurance Corporation of British Columbia.

Carrying of licence

11  The licence issued for a motor vehicle or trailer, or a photocopy of it, must be carried in the motor vehicle, or in the case of a trailer, in the motor vehicle towing the trailer, at all times while the motor vehicle or trailer is on a highway.

Number plates

12  (1) Each number plate must bear the licence number of the motor vehicle or trailer for which it is issued, and shall be of a material and design determined by the Insurance Corporation of British Columbia, and is and remains the property of the corporation.

(2) Instead of issuing new licence number plates, the Insurance Corporation of British Columbia may issue,

(a) in any year, numbered decals to be attached to previously issued number plates, or

(b) for trailers or semi-trailers that are licensed and registered under section 6 of the Commercial Transport Act, non-expiring decals to be attached to previously issued number plates.

(2.1) The decals referred to in subsection (2)

(a) must be of a material and design determined by the corporation, and

(b) are and remain the property of the corporation.

(3) The number plate or number plates issued for a motor vehicle or trailer must be displayed on it in the manner prescribed by the regulations at all times while the motor vehicle or trailer is on a highway.

(4) If a renewal licence, in respect of a motor vehicle or trailer already licensed under this section, is obtained before the expiry date of the existing licence, the display on the motor vehicle or trailer, at any time during the month preceding the designated expiry date of the existing licence, of the number plates corresponding to the renewal licence in substitution for the number plates corresponding to the existing licence, is deemed to be sufficient compliance with this section with respect to the display at any time during that month of number plates on the motor vehicle or trailer so long as the existing licence continues to be carried in the vehicle.

(5) Number plates and decals issued under this section before the date this subsection comes into force become the property of the Insurance Corporation of British Columbia on the date this subsection comes into force.

Offences

13  (1) A person commits an offence if the person drives, operates, parks or is in charge of a motor vehicle or trailer on a highway

(a) without the licence required by this Act for the operation of that motor vehicle or trailer having been first obtained and being then in force,

(b) without displaying on it, in the manner prescribed, the number plates issued or designated by the Insurance Corporation of British Columbia or otherwise prescribed to be displayed on that motor vehicle or trailer for the current licence year of that motor vehicle or trailer, or

(c) that has displayed on it a number plate other than those issued or designated by the Insurance Corporation of British Columbia or otherwise prescribed to be displayed on that motor vehicle or trailer for the current licence year of that motor vehicle or trailer.

(2) Every peace officer, officer or constable of the Royal Canadian Mounted Police or the police department of a municipality or inspector authorized under section 217 (1) (a) to inspect motor vehicles may seize a number plate that he or she finds detached from a motor vehicle or trailer, or he or she finds displayed on a motor vehicle or trailer other than the one for which it was issued, or that is required under this Act or by a direction of the Insurance Corporation of British Columbia to be surrendered, and may hold it until the receipt of instructions from the corporation as to its disposal.

(3) Subsection (2) applies in respect of number plates and motor vehicles whether on a highway or elsewhere, and for the purposes of that subsection an officer or constable of the Royal Canadian Mounted Police or the police department of a municipality may enter without warrant the land or premises of any person on or in which there is a motor vehicle or trailer.

(4) Subsection (2) does not apply to dealers' number plates used as permitted by this Act or to number plates detached under the regulations.

Change of address or name

14  (1) If the address of the owner of a vehicle licensed under this Act is changed from the address stated in the application on which the licence was issued or as shown on the licence, the owner must, within 10 days of the change of address, notify the Insurance Corporation of British Columbia in writing or by some other means approved by the corporation of the owner's old and new address.

(2) In case of a change of name, by marriage or otherwise, of the owner of a vehicle licensed under this Act, the owner must within 10 days notify the Insurance Corporation of British Columbia in writing of the former name and the new name in full.

Notice of change made in motor vehicle

15  (1) If a change is made in a motor vehicle registered under this Act by

(a) replacing the chassis by another,

(b) replacing the body by another,

(c) changing the type of the motor vehicle for another;

(d) changing the style or colour of the body, or

(e) changing the type of fuel system,

the owner of the motor vehicle must immediately deliver to the Insurance Corporation of British Columbia a notice in writing stating the nature of the change and other particulars the corporation requires.

(2) The last licence issued for the motor vehicle under this Act must be attached to the notice under subsection (1) for surrender to the Insurance Corporation of British Columbia, and any alteration in the amount of the annual licence fee payable for the motor vehicle due to the change must immediately be adjusted by rebate or payment.

(3) The Insurance Corporation of British Columbia must then issue to the owner a new licence for the operation of the motor vehicle, and may require the substitution of new number plates for those last issued for that motor vehicle and the payment of the prescribed fee for them.

New vehicle identification numbers

16  (1) If, with respect to a motor vehicle or trailer, any of the following circumstances exist, the owner of the motor vehicle or trailer must immediately apply to the Insurance Corporation of British Columbia for a new vehicle identification number for the motor vehicle or trailer:

(a) the vehicle identification number on a motor vehicle or trailer has become illegible or has been removed or obliterated;

(b) a vehicle identification number is not the same as any other vehicle identification number on the motor vehicle or trailer;

(c) the motor vehicle or trailer does not have a vehicle identification number.

(2) On being satisfied that the applicant is the lawful owner of the motor vehicle or trailer, the Insurance Corporation of British Columbia may assign a new vehicle identification number to it, and the owner must then cause the number so assigned, with the initials "B.C." to indicate British Columbia, and the date of the assignment of the number to be applied by a method designated by the corporation on the part or parts of the motor vehicle or trailer designated by the corporation.

(3) If the Insurance Corporation of British Columbia is satisfied that a new vehicle identification number has been assigned to and applied to a motor vehicle or trailer under this section, the corporation must cause the new number to be inserted in the registration record and licence of the motor vehicle or trailer.

(4) This section does not apply to a trailer licensed under this Act with a licensed vehicle weight of 1400 kg or less.

Transfer of motor vehicle

17  (1) If the title or interest of a person in a motor vehicle or trailer registered under section 3 is transferred, whether by gift, exchange, barter, or sale, the transferor and the transferee of the title or interest must immediately sign a notice of the transfer in the form required by the Insurance Corporation of British Columbia, and the transferee must within 10 days from the day of the transfer deliver the notice to the corporation for registration by the corporation, accompanied by the prescribed fee and the insurance premium in respect of the transfer and the amount of tax owing in respect of the motor vehicle under the Social Service Tax Act, the Consumption Tax Rebate and Transition Act, section 212.1 or 218.1 or Division IV.1 of Part IX of the Excise Tax Act (Canada) or the Provincial Sales Tax Act.

(2) If there is a transfer, by operation of law, of the title or interest of an owner of a motor vehicle or trailer registered under section 3, by way of inheritance, bequest, order in bankruptcy, execution sale, repossession on default in performance of a lease or conditional sale contract, or other means than the voluntary act of the person whose title or interest is transferred,

(a) the notice of transfer under this section must be signed by the executor, administrator, receiver, trustee, sheriff or other representative or successor in interest of the person whose title or interest is so transferred in place of that person, and

(b) the person signing must transmit to the Insurance Corporation of British Columbia evidence satisfactory to the corporation of all facts entitling that person to sign the notice of transfer.

(3) The form of the notice of transfer under subsection (2) may be varied in accordance with the facts of the case.

(4) All documents required to be transmitted to the Insurance Corporation of British Columbia under this section may be delivered to the corporation, a government agent or a person authorized in writing by the corporation for the purposes of this section, but in every case the person delivering the notice of transfer must at the same time surrender the licence last issued under section 3 for the motor vehicle or trailer, and the person to whom it is surrendered must endorse on it a memorandum of the notice of transfer and the date of its delivery to him or her.

(5) The Insurance Corporation of British Columbia may refuse registration under this section if a notice of transfer is delivered to the corporation for a motor vehicle or trailer and

(a) any fee or part of a fee for a previous licence issued for the motor vehicle or trailer under this Act is unpaid,

(b) the insurance premium in respect of the transfer is unpaid, or

(c) any amount owing in respect of the motor vehicle or trailer under any of the following is unpaid:

(i)   the Social Service Tax Act;

(ii)   the Consumption Tax Rebate and Transition Act;

(iii)   section 212.1 or 218.1 or Division IV.1 of Part IX of the Excise Tax Act (Canada);

(iv)   the Provincial Sales Tax Act.

Irreparable and salvage vehicles

17.1  (1) In this section:

"irreparable vehicle" means a motor vehicle that,

(a) as a result of being written off by an insurer, has its title transferred to the insurer, who in turn transfers the title to a person under an agreement that states that the person may use or resell it only for parts or scrap, or

(b) has its title transferred to a person who is in the business of wrecking used motor vehicles and who intends to use the motor vehicle for parts or scrap;

"salvage vehicle" means a motor vehicle that is not an irreparable vehicle and that

(a) while unsafe to drive has its title transferred, or

(b) has been written off by an insurer, whether or not its title has been transferred to the insurer.

(2) In this section a motor vehicle is "written off" if, following an insurance claim, the motor vehicle's insurer has decided to pay the insured for the motor vehicle rather than replace or repair it or pay for its repair.

(3) If on the transfer of a motor vehicle its status changes to that of an irreparable or salvage vehicle,

(a) the transferor and transferee must sign a notice of transfer and change in status of the motor vehicle in the form required by the Insurance Corporation of British Columbia, and

(b) within 10 days after the transfer, the transferee must deliver the notice to the Insurance Corporation of British Columbia with the prescribed fee for its filing.

(4) If the status of a motor vehicle changes to that of a salvage vehicle because the vehicle has been written off by an insurer who does not take title to the vehicle, the insurer of the motor vehicle must

(a) sign a notice of change in status of the vehicle in the form required by the Insurance Corporation of British Columbia, and

(b) within 10 days after the writing off, deliver the notice to the Insurance Corporation of British Columbia with the prescribed fee for its filing.

(5) Section 17 (3) to (5) applies to the notices required by this section.

(6) Any person who contravenes any of the requirements under subsection (3) or (4) or a provision made applicable by subsection (5) commits an offence and is liable on conviction to a fine of up to $2 000, to imprisonment for not more than 6 months or to both.

Transfer on death if estate small

18  Despite any Act, if a person registered as the holder of a licence to operate a motor vehicle or trailer dies, and another person applies for a transfer of the licence, if that person satisfies the Insurance Corporation of British Columbia that the total estate left by the deceased did not exceed $25 000 in value, and if the person satisfies the corporation by producing the last will of the deceased, that the person entitled under it consents, or if the deceased died intestate, by showing that all persons entitled to share in the estate on intestacy consent, the corporation may accept the application for a transfer, and, subject to payment of the insurance premium under the Insurance (Vehicle) Act in respect of the transfer, issue a new licence in his or her name.

Registration of dissolved company suspended

19  At any time after the Insurance Corporation of British Columbia is satisfied that a company, within the meaning of the Business Corporations Act, that is a registered owner has been dissolved or has otherwise ceased to be a company, or that an extraprovincial company, within the meaning of the Business Corporations Act, that is a registered owner has had its registration cancelled under Part 11 or 12 of that Act, the corporation may suspend the registration and licence of any motor vehicle or trailer registered in the name of that owner and cause the numbered licence and number plate or number plates issued for the motor vehicle or trailer to be seized by a peace officer and delivered to the corporation.

Notice of removal or destruction of motor vehicle

20  (1) If a motor vehicle or trailer registered or licensed under this Act is

(a) permanently removed from British Columbia,

(b) burned or damaged so that it cannot be again repaired or used as a motor vehicle or trailer, or

(c) temporarily removed from use, and

the owner or licensee applies for a refund of insurance premium or licence fee, the owner or licensee of the motor vehicle or trailer must sign and transmit to the Insurance Corporation of British Columbia a notice in the form required by the corporation and must surrender the licence and licence plates for the motor vehicle or trailer.

(2) On the certificate of the Insurance Corporation of British Columbia showing the surrender of the licence for the motor vehicle or trailer covered by a notice under this section, the Minister of Finance must, out of the revenue collected under this Act, refund to the licensee that part of the licence fee that is proportionate to the part of the term of the licence that is unexpired at the time of its surrender, and in the case of a licence surrendered under subsection (1) (a) or (b), the registration of the motor vehicle or trailer under section 3 must be cancelled.

(3) Subsection (2) does not apply if the licence for a motor vehicle or trailer has been cancelled or suspended.

(4) The amount of a refund made under this section must be rounded to the nearest dollar and a refund ending in 50¢ must be raised to the next highest dollar.

(5) A refund must not be made under this section if the combined amount of

(a) the licence fee to be refunded under this section, and

(b) the insurance premium to be refunded under the Insurance (Vehicle) Act, in a circumstance described in subsection (1),

is less than $5.

Registration of foreign motor vehicles and trailers

21  (1) The owner of a motor vehicle or trailer

(a) that is duly registered outside British Columbia,

(b) for which the licensing requirements of the jurisdiction in which it is registered are fulfilled, and

(c) that has displayed on it the registration number plates of that jurisdiction for the current year, or is a trailer that is designed exclusively to carry one axle of a motor vehicle for the purpose of towing that motor vehicle behind another motor vehicle and is from a jurisdiction that does not issue registration number plates for that type of trailer,

is exempt from the requirements to register and license the motor vehicle or trailer under this Act, if

(d) the owner or operator of the motor vehicle or trailer is in British Columbia for, and uses the motor vehicle or trailer for, touring purposes only, for a period of 6 months, or

(e) the owner or operator of the motor vehicle or trailer is in British Columbia for, and uses the motor vehicle or trailer for, other than touring purposes, for a period of 30 days

from the date he or she began to operate the motor vehicle or trailer on a highway in British Columbia.

(2) If a motor vehicle or trailer is owned by a person resident outside British Columbia who has complied with the laws of his or her place of residence with respect to the registration and licensing of the motor vehicle or trailer and the motor vehicle or trailer has displayed on it the registration number plates for the current year assigned under those laws for that motor vehicle or trailer and is brought into British Columbia

(a) for temporary use by a member of Her Majesty's Armed Forces on temporary posting in British Columbia for training purposes only for a period not exceeding 6 months, or

(b) by a person for the period that the person is registered as a full time student at and attends any of the following educational institutions:

(i)   a university, as defined in the University Act;

(ii)   an institution, as defined in the College and Institute Act;

(iii)   [Repealed 2004-33-21.]

(iv)   the University of Northern British Columbia;

(v)   [Repealed 2002-35-9.]

(v.1)   the Thompson Rivers University;

(vi)   Royal Roads University;

(vii)   [Repealed 2003-48-20.]

(viii)   any other educational institution in the Province that is authorized under an enactment to grant degrees or is designated under section 3 (1) (a) of the Canada Student Financial Assistance Act,

then, at the earliest opportunity and in any event not later than 30 days after the motor vehicle or trailer is brought into British Columbia, the owner must cause the motor vehicle or trailer to be registered with the Insurance Corporation of British Columbia by delivering to the corporation, a government agent or a person authorized in writing by the corporation to receive it a notice in the form required by the corporation and by giving proof of financial responsibility under sections 106 to 113.

(3) The Lieutenant Governor in Council may order that the owner of a motor vehicle or trailer who gives proof of financial responsibility to the Insurance Corporation of British Columbia under sections 106 to 113 is, for a period the Lieutenant Governor in Council specifies, and subject to conditions set out in the order, exempt from the requirements to register or license the motor vehicle or trailer under this Act.

(4) On receipt of the notice in the form required by the Insurance Corporation of British Columbia and proof of financial responsibility, and on being satisfied of the truth of the facts stated in the notice, the corporation must cause to be issued to the owner a certificate of registration in the form established by the corporation, together with a windshield sticker of a design approved by the corporation.

(5) The motor vehicle or trailer, with the sticker conspicuously displayed on the lower part of its windshield in the case of a motor vehicle other than a motorcycle, while being used by the owner within British Columbia for the purpose mentioned in subsection (2) during the period named in the certificate is deemed sufficiently registered and licensed for the purposes of this Act.

(6) A motor vehicle or trailer is not, merely because of compliance with this section, deemed to be sufficiently registered and licensed for the purposes of this Act for a longer period than that allowed by the law of the owner's place of residence for the operation there without local registration or licence of touring motor vehicles and trailers registered and licensed in British Columbia, but this subsection does not apply to permits issued under subsection (2).

(7) A person commits an offence who

(a) drives or operates a motor vehicle or trailer on a highway

(i)   after the period of 6 months permitted in subsection (1) (d),

(ii)   after the period of 30 days permitted in subsection (1) (e),

(b) makes a false statement in a notice given by him or her for the purposes of this section,

(c) being in possession of a motor vehicle or trailer for which a certificate of registration has been issued under this section, and being requested by a peace officer or constable to exhibit the certificate, refuses or fails to do so,

(d) fails to give proof of financial responsibility under subsection (2), or

(e) 30 days or more after entry into British Columbia of a motor vehicle or trailer that is required to be registered under subsection (2) but in respect of which notice has not been delivered in accordance with subsection (2), drives or operates the motor vehicle or trailer on a highway.

Reciprocal arrangements

22  (1) The Lieutenant Governor in Council may make or authorize to be made a reciprocal arrangement or agreement with the executive government of any province or territory of Canada or a state or territory of the United States of America,

(a) exempting any class of owners of motor vehicles who are ordinarily resident in that other province, state or territory from the provisions of this Act relating to

(i)   registration and licensing of motor vehicles, and

(ii)   carrying and displaying on motor vehicles licences and number plates issued by the Insurance Corporation of British Columbia, and

(b) providing for the granting by that other province, state or territory of similar exemptions and privileges to owners of motor vehicles who are ordinarily resident in British Columbia.

(2) Every arrangement or agreement made under subsection (1) and each exemption under it is subject to

(a) the condition that no person is entitled to an exemption or privilege under it for a motor vehicle in British Columbia unless the owner of the motor vehicle

(i)   has complied with the law of his or her place of residence relating to the registration and licensing of motor vehicles, and

(ii)   carries or causes to be carried on the motor vehicle the certificate or licence and the number plates prescribed by the law of that place,

(b) all other conditions and restrictions set out in the arrangement or agreement, and

(c) cancellation by the Lieutenant Governor in Council.

Classes of drivers' licences

23  (1) The Lieutenant Governor in Council may prescribe classes of drivers' licences, including classes of drivers' licences for persons who are learning to drive one or more categories of motor vehicles, and may designate any of the following for each class:

(a) the minimum amount of driving experience, minimum driving skills or other qualifications that the holder of the class of licence is required to have;

(b) the ages of the drivers to whom a licence of that class may be issued;

(c) the categories of motor vehicles that the holder of the class of licence is licensed to drive.

(2) The driving experience, driving skills or other qualifications referred to in subsection (1) (a) may be measured by one or more of the following:

(a) the length of time a person has held a valid driver's licence issued under this Act or in another jurisdiction;

(b) a person's driving record, if any, from this or any other jurisdiction;

(c) other prescribed means.

(2.1) For the purposes of a regulation under subsection (1) (a), the Lieutenant Governor in Council may do one or more of the following:

(a) delegate to the Insurance Corporation of British Columbia the power to determine whether a class of driver's licence issued by another jurisdiction is similar to a class of driver's licence prescribed under this Act;

(b) delegate to the Insurance Corporation of British Columbia the power to determine whether an offence under a law of another jurisdiction is similar to

(i)   an offence under this Act, or

(ii)   a motor vehicle related offence under the Criminal Code;

(c) confer a discretion on the Insurance Corporation of British Columbia with respect to a matter described in paragraph (a) or (b).

(3) The authority to drive conferred by each class of licence prescribed under this section is confined to the driving of motor vehicles of the category designated for that class.

(4) A regulation made under subsection (1) does not affect a driver's licence issued to a person before the regulation is made, and the driver's licence remains in force until it expires or is suspended, revoked, cancelled or surrendered.

Offences

24  (1) Except when accompanied by a person authorized by the Insurance Corporation of British Columbia to examine persons as to their ability to drive and operate motor vehicles, a person must not drive or operate a motor vehicle on a highway unless, in addition to any licence or permit which he or she is otherwise required to hold under this Act, the person holds a subsisting driver's licence issued to him or her under this Act of a class appropriate to the category of motor vehicle driven or operated by him or her.

(2) A person who contravenes subsection (1) commits an offence.

(3) A person must not drive or operate a motor vehicle or trailer on a highway unless

(a) the person is insured under a valid and subsisting driver's certificate, and

(b) the motor vehicle and the trailer, if any, are insured under a valid and subsisting motor vehicle liability policy evidenced by an owner's certificate.

(4) [Repealed 1997-43-3.]

(5) A person who contravenes subsection (3) commits an offence and is liable on conviction

(a) if the contravention is under subsection (3) (a), to a fine of not more than $250 or to imprisonment for not more than 3 months, or to both, and

(b) if the contravention is under subsection (3) (b), to a fine of not less than $300 and not more than $2 000 or to imprisonment for not less than 7 days and not more than 6 months, or to both.

(6) A person commits an offence if the person

(a) produces to a peace officer or to the Insurance Corporation of British Columbia any of the following:

(i)   a motor vehicle liability insurance card or a financial responsibility card purporting to show that there is in force a policy of insurance that is, in fact, not in force;

(ii)   a financial responsibility card purporting to show that he or she is at that time maintaining in effect proof of financial responsibility as required by this Act when that is not the case;

(iii)   a motor vehicle liability insurance card or a financial responsibility card issued in respect of insurance that does not apply to the motor vehicle he or she is driving or operating;

(iv)   a driver's certificate in the name of another person,

(b) gives or loans to a person not entitled to have it a motor vehicle liability insurance card or a financial responsibility card, or

(c) fails to deliver to the Insurance Corporation of British Columbia for cancellation as required by section 112 a financial responsibility card.

(7) Subsection (3) does not apply to a motor vehicle or trailer registered or owned by a person resident outside British Columbia that complies with section 21, or to a driver or operator resident outside British Columbia who complies with section 34, unless

(a) the Insurance Corporation of British Columbia has required proof of financial responsibility under this Act and the owner or driver has not given proof satisfactory to the corporation, or

(b) the licence of the owner or driver has been suspended under this Act.

(c) [Repealed 1997-31-5.]

Application for licence

25  (1) The applicant for a driver's licence and for a driver's certificate must sign an application in the form required by the Insurance Corporation of British Columbia, complete an evaluation in the form required by the superintendent and deliver the application and the completed evaluation form to

(a) the corporation,

(b) a government agent, or

(c) a person authorized in writing by the corporation for the purposes of this section,

accompanied by the payment of the prescribed fee and premium for the driver's certificate.

(1.1) For the purposes of subsection (1), an applicant must provide the following:

(a) a residential address;

(b) documentary proof satisfactory to the Insurance Corporation of British Columbia of the applicant's identity.

(1.2) An applicant for a driver's licence referred to in subsection (1) who wishes the driver's licence to indicate that the applicant is a Canadian citizen must, for the purposes of subsection (1) and in addition to the other requirements in this section,

(a) provide documentary proof of Canadian citizenship satisfactory to the Insurance Corporation of British Columbia,

(b) sign an application in the form required by the Insurance Corporation of British Columbia,

(c) pay the prescribed fee, and

(d) meet the requirements set out in the regulations.

(1.3) An applicant for a driver's licence referred to in subsection (1), other than an applicant within a prescribed category, who wishes the driver's licence to indicate that the applicant is a beneficiary under the Medicare Protection Act must, for the purposes of subsection (1) and in addition to the other requirements in this section,

(a) provide proof of enrollment as a beneficiary under the Medicare Protection Act,

(b) sign an application in the form required by the Insurance Corporation of British Columbia,

(c) pay

(i)   the fee prescribed under this Act, and

(ii)   any fee prescribed under section 51 (2) (n) of the Medicare Protection Act that applies to an application to renew enrollment as a beneficiary under that Act, and

(d) meet the requirements set out in the regulations.

(2) For the purposes of subsection (1) the Insurance Corporation of British Columbia and its employees are authorized to receive the evaluations and deal with them in accordance with the superintendent's instructions.

(2.1) For the purposes of making an application for a driver's licence under subsection (1), the Insurance Corporation of British Columbia may require the applicant for a driver's licence and for a driver's certificate to provide information and a signature in person, and in that event

(a) the corporation must enter the information electronically into a database for storage,

(b) the corporation must reproduce the information that has been stored in the database in a record that is in paper format and must give that paper record to the applicant to verify the accuracy of the entered information,

(c) if the applicant is satisfied that the information in the record is accurate, the applicant must

(i)   sign the paper record, and

(ii)   supply a signature by a means required by the corporation that allows the corporation to store the signature electronically in a database,

(d) a signature provided under paragraph (c) is evidence that the applicant who provided the signature also provided the information that is stored under paragraph (a), and

(e) a signature stored under this section may be used only

(i)   as evidence under paragraph (d),

(ii)   for the purpose of applying it to the driver's licence of the applicant, and

(iii)   to compare signatures under sections 90.4 (3) and 95 (3).

(3) For the purpose of determining an applicant's driving experience, driving skills, qualifications, fitness and ability to drive and operate any category of motor vehicle designated for that class of driver's licence for which the application is made, the applicant must

(a) submit to one or more, as the Insurance Corporation of British Columbia may specify, of the following: a knowledge test; a road test; a road signs and signals test,

(b) submit to one or more, as the superintendent may specify, of the following: a vision test; medical examinations; other examinations or tests, other than as set out in paragraph (a),

(b.1) provide the corporation with information required to measure the applicant's driving experience, driving skills and qualifications,

(c) provide the superintendent with other information he or she considers necessary to allow the superintendent to carry out his or her powers, duties and functions,

(d) submit to having his or her picture taken, and

(e) if required by or on behalf of the corporation, identify himself or herself to the corporation's satisfaction.

(4) If the applicant for a driver's licence has at any time before making the application held a driver's licence issued under this Act or in another jurisdiction, the applicant must, at the time that he or she is issued a driver's licence under this Act, surrender the last driver's licence or duplicate of it held by him or her, unless the Insurance Corporation of British Columbia on cause shown to the corporation's satisfaction dispenses with its production.

(5) At the same time that he or she has a driver's licence issued under this Act, a person must not have a driver's licence issued by another jurisdiction or have another driver's licence previously issued under this Act.

(6) An applicant for a driver's licence who when requested to do so fails to demonstrate his or her ability to read and understand warning and other road signs and signals in use on a highway to the satisfaction of the Insurance Corporation of British Columbia must not be granted a licence under this Act.

(7) On receipt, in the respective forms required under subsection (1), (1.2) or (1.3), of the application and the evaluation, and on being satisfied of the completeness of the application and the truth of the facts stated in the application, and that the prescribed fees and premium for the driver's certificate have been paid, and, subject to subsections (9) and (9.1), on being satisfied as to the driving experience, driving skills, qualifications, fitness and ability of the applicant to drive and operate motor vehicles of the relevant category, the corporation must cause to be issued to the applicant a numbered driver's licence in the form established by the corporation authorizing the applicant to drive or operate a motor vehicle of the category designated for the class of licence applied for and a driver's certificate.

(8) The Lieutenant Governor in Council may make regulations respecting the issuance of a driver's licence to a person who is learning to drive one or more categories of motor vehicles, prescribing

(a) the circumstances in which the corporation may exercise the corporation's discretion to issue the licence,

(b) the duration of the licence,

(c) requirements additional to any restriction to which the licence is subject under subsection (10), and

(d) a minimum waiting period before holders of those licences may submit themselves to examinations under this section with respect to their ability to drive or operate a motor vehicle.

(8.1) For the purposes of subsection (8) (d), the Insurance Corporation of British Columbia may

(a) approve driver education courses given by a driver training school licensed under the regulations, and

(b) reduce the minimum waiting period prescribed under that subsection for persons who have successfully completed a driver education course approved under paragraph (a).

(9) In issuing any driver's licence or driver's certificate, the corporation, for those aspects of fitness and ability examined, tested or reviewed by the superintendent, must abide by the superintendent's instructions.

(9.1) The corporation may refuse to issue a driver's licence that indicates that the holder is a beneficiary under the Medicare Protection Act if it would not be practicable to do so in the circumstances.

(10) For a driver's licence of any class of persons, the Lieutenant Governor in Council, by regulation with respect to a class of persons, may

(a) restrict the hours of the day and the days of the week during which a class of persons may drive a motor vehicle,

(b) restrict the area in which a class of persons may drive a motor vehicle,

(c) restrict the motor vehicle or class of motor vehicle that a class of persons may drive,

(d) restrict the number of passengers that the person may carry in a motor vehicle driven by the person,

(e) impose other restrictions on or add any conditions to the driver's licence of a class of persons that the Lieutenant Governor in Council considers necessary for the operation of a motor vehicle by a member of that class,

(f) establish the length of time or the method of determining the length of time during which a restriction imposed on or a condition added to the driver's licence under this subsection is to apply, and

(g) empower the superintendent or the Insurance Corporation of British Columbia, in prescribed circumstances or for prescribed purposes, to exempt unconditionally or on conditions the superintendent or the corporation, as the case may be, considers desirable, a member of the class of persons from any restriction imposed on or condition added to the driver's licence of that class of persons.

(10.1) Without limiting subsection (10), the Lieutenant Governor in Council may, by regulation, impose a condition on a class of driver's licence, or on the drivers' licences of persons who hold a licence to drive a motor vehicle of a specified category, that the holder of the licence must not operate a motor vehicle, or category of motor vehicle, while having alcohol in his or her body.

(10.11) Without limiting subsection (10) or (10.1), the Lieutenant Governor in Council may, by regulation,

(a) impose a restriction or condition on a class of driver's licence, or on the drivers' licences of persons who hold a licence to drive a motor vehicle of a specified category, that the holder of the licence must not use an electronic device within the meaning of Part 3.1 while driving or operating a motor vehicle on a highway, and

(b) set out exceptions to a restriction or condition referred to in paragraph (a) that are not inconsistent with Part 3.1.

(10.2) [Repealed 2011-13-132.]

(10.3) [Not in force.]

(10.4) The Lieutenant Governor in Council may, for the purposes of complying with a prescribed international agreement, make regulations respecting requirements, restrictions or conditions for a driver's licence or respecting statements in, endorsements on or attachments to a driver's licence.

(11) A regulation made under subsection (8), (10), (10.1) or (10.11) may specify that a requirement, restriction or condition is applicable to and conclusively deemed to be part of

(a) any driver's licence, whether it is issued before or after the coming into force of the regulation,

(b) only those drivers' licences issued after the coming into force of the regulation, or

(c) any driver's licence issued on or after a date specified in the regulation.

(12) Despite the regulations, the superintendent may require a statement in, endorsement on, or attachment to any person's driver's licence

(a) restricting the hours of the day and the days of the week during which the person may drive a motor vehicle,

(b) restricting the area in which the person may drive a motor vehicle,

(c) restricting the motor vehicle or class of motor vehicle that the person may drive,

(d) restricting the number of passengers that the person may carry in a motor vehicle driven by the person, and

(e) imposing other restrictions on or adding any conditions to the driver's licence of the person that the superintendent considers necessary for the operation of a motor vehicle by the person.

(13) The Insurance Corporation of British Columbia must, as soon as practicable after a restriction or condition is imposed on a person's driver's licence, ensure that the restriction or condition is reflected on that licence by means of the appropriate statement in, endorsement on or attachment to that licence, in accordance with the requirements of the superintendent.

(14) Despite the regulations, the Insurance Corporation of British Columbia, by statement in, endorsement on, or attachment to any person's driver's licence, may, as a result of a knowledge test, a road test or a road signs and signals test,

(a) restrict the area in which the person may drive a motor vehicle,

(b) restrict the motor vehicle or class of motor vehicle that the person may drive,

(c) restrict the number of passengers that the person may carry in a motor vehicle driven by the person, and

(d) impose other restrictions on the driver's licence of the person that the corporation considers necessary for the operation of a motor vehicle by the person.

(14.1) Without limiting any provision of this Act, the Lieutenant Governor in Council may make regulations as follows:

(a) setting out additional requirements that must be met by an applicant for a driver's licence that indicates the driver is a Canadian citizen or a beneficiary under the Medicare Protection Act;

(b) setting out requirements that must be met or continue to be met by a person who holds a driver's licence that indicates the driver is a Canadian citizen or a beneficiary under the Medicare Protection Act;

(c) setting out reasons for which a driver's licence that indicates the driver is a Canadian citizen may be cancelled;

(d) specifying that subsection (1.2) does not apply to a class of driver's licence.

(e) specifying that subsection (1.3) does not apply to a category of drivers, and establishing categories for this purpose;

(f) respecting the manner in which a driver's licence indicates that the driver is a beneficiary under the Medicare Protection Act.

(15) A person who violates a requirement, restriction or condition prescribed under this section in respect of the person's driver's licence or who violates a restriction or condition stated in, endorsed on or attached to a driver's licence issued to the person under this section commits an offence.

Retention or seizure of records

25.01  (1) An employee of the Insurance Corporation of British Columbia, a government agent or a person authorized in writing by the corporation under section 25 (1) (c) may, for the purposes of this Act, retain or seize a record

(a) presented to him or her as part of an application for a driver's licence or an identification card, or

(b) presented to him or her for the purpose of maintaining a record relating to a driver's licence or an identification card.

(2) Subject to subsection (3), if a record is retained or seized in accordance with subsection (1), the Insurance Corporation of British Columbia may, in addition,

(a) return the record to the person or government that issued or created it,

(b) return the record to the person who presented it, or

(c) destroy the record.

(3) The Insurance Corporation of British Columbia must return a record to the person who presented it within 30 days unless

(a) this Act requires that the record be surrendered, or

(b) the corporation determines that retention or seizure of the record for a longer period is necessary for the purposes of this Act.

Remedial courses and programs for drivers

25.1  (1) This section applies if a person has a driving record that in the opinion of the superintendent is unsatisfactory or the superintendent considers that, with respect to the person's driving skills, fitness or ability to drive and operate a motor vehicle, it is in the public interest for the person to attend or participate in one or more of the following:

(a) a driver training course specified by the superintendent;

(b) a remedial program or a component of it specified by the superintendent;

(c) an ignition interlock program specified by the superintendent.

(2) The superintendent may require a statement in, endorsement on or attachment to the person's driver's licence, adding as a condition of the driver's licence that the person must, in order to continue to hold the licence, attend or participate in and complete, to the satisfaction of the superintendent, a course or program referred to in subsection (1) if it is not, in the superintendent's opinion, contrary to the public interest to allow the person to hold a driver's licence while attending or participating in the course or program.

(3) The superintendent may

(a) as part of a condition of a driver's licence under subsection (2), specify a date by which or a period of time during which the person must complete the program, and

(b) at any time extend, change or cancel a date or period of time specified under paragraph (a).

(4) Section 25 (13) applies to a condition imposed in respect of a person's driver's licence under this section.

(5) If it is, in the superintendent's opinion, contrary to the public interest to allow the person to hold a driver's licence while attending or participating in a course or program referred to in subsection (1), the superintendent may require that the person attend and complete, to the satisfaction of the superintendent, a course or program referred to in subsection (1) (a) or (b) before being eligible to apply for a driver's licence under section 25.

(6) A person who is required to attend or participate in and complete a program referred to in subsection (1) must pay the prescribed fees.

(7) Nothing in this section limits the application of sections 25 (12), 29, 92 and 93.

Refusal to issue a licence, permit, etc.

26  (1) The Insurance Corporation of British Columbia may, without a hearing, refuse to issue a driver's licence to a person who

(a) [Repealed 1997-43-6.]

(b) is indebted to the Insurance Corporation of British Columbia for any motor vehicle indebtedness,

(c) is indebted to the government because of his or her failure to pay a fine, or a victim's surcharge levy within the meaning of the Victims of Crime Act, imposed as a result of a conviction under

(i)   a motor vehicle related Criminal Code offence,

(ii)   the Motor Vehicle Act,

(iii)   the Commercial Transport Act,

(iv)   the Motor Fuel Tax Act,

(v)   the Highway Act or the Transportation Act,

(v.1)   the Liquor Control and Licensing Act, whether the indebtedness arose before or after this subparagraph comes into force,

(vi)   the Motor Carrier Act or the Passenger Transportation Act, or

(vii)   the Motor Vehicle (All Terrain) Act,

(viii)   [Repealed 2007-14-155.]

(ix)   the South Coast British Columbia Transportation Authority Act, whether the indebtedness arose before or after this subparagraph comes into force, or

(x)   the British Columbia Transit Act, whether the indebtedness arose before or after this subparagraph comes into force,

(d) is prohibited from driving a motor vehicle

(i)   under this Act, the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,

(ii)   before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(iii)   before April 1, 2004, under the Young Offenders (British Columbia) Act, as it then was,

(e) is indebted to a concessionaire or the billing organization for an excessive toll debt, as those terms are defined in the Transportation Investment Act,

(f) is indebted to the authority, a subsidiary or a billing organization for an excessive toll debt, as those terms are defined in the South Coast British Columbia Transportation Authority Act,

(f.1) is indebted to the authority, as that term is defined in the South Coast British Columbia Transportation Authority Act, under section 250 of that Act,

(g) is refused a driver's licence in another province for failure to pay maintenance, support or alimony in that province,

(h) is indebted to the government because of his or her failure to pay a monetary penalty imposed on the person under section 215.44 of this Act, or

(i) was the owner of a motor vehicle at the time it was impounded under section 215.46 or 251 (1) of this Act, if the superintendent, under section 255 (11) of this Act, directs the Insurance Corporation of British Columbia to refuse the issuance.

(2) The Insurance Corporation of British Columbia may refuse to issue a licence and corresponding number plates for a motor vehicle or trailer or both owned by a person and any permit to a person who

(a) has not, in the current or a preceding year

(i)   [Repealed 1997-43-6.]

(ii)   obtained a motor vehicle liability policy for a motor vehicle or trailer owned by the person,

(iii)   [Repealed 1997-43-6.]

(b) is indebted to the Insurance Corporation of British Columbia for any motor vehicle indebtedness,

(c) is indebted to a concessionaire or the billing organization for an excessive toll debt, as those terms are defined in the Transportation Investment Act,

(d) is indebted to the authority, a subsidiary or a billing organization for an excessive toll debt, as those terms are defined in the South Coast British Columbia Transportation Authority Act,

(d.1) is indebted to the authority, as that term is defined in the South Coast British Columbia Transportation Authority Act, under section 250 of that Act, or ,

(e) was the owner of a motor vehicle at the time it was impounded under section 215.46 or 251 (1) of this Act, if the superintendent, under section 255 (11) (b), directs the Insurance Corporation of British Columbia to refuse the issuance.

(3) The Insurance Corporation of British Columbia may refuse to issue

(a) any permit to a person, and

(b) a licence and corresponding number plates for a motor vehicle or trailer or both owned by a person

who is indebted to the government because of his or her failure to pay

(c) a monetary penalty imposed under section 215.44 of this Act, or

(d) a fine, or a victim's surcharge levy within the meaning of the Victims of Crime Act, imposed as a result of a conviction under

(i)   a motor vehicle related Criminal Code offence, or

(ii)   an enactment referred to in subsection (1) (c) (ii) to (x) of this section, or

(e) an indebtedness arising under Part 12 of the South Coast British Columbia Transportation Authority Act.

(4) Subsections (1) (c) and (d) and (3) apply in respect of

(a) drivers' licences, licences, permits and number plates issued before, on or after the date those subsections come into force,

(b) convictions imposed before, on or after the date those subsections come into force, and

(c) prohibitions imposed before, on or after the date those subsections come into force.

(5) Under this section, the Insurance Corporation of British Columbia may refuse to issue a licence, number plates or a permit due to a person who is indebted to the Insurance Corporation of British Columbia for reimbursement of money paid in respect of a claim, until the corporation has been repaid the amount of the indebtedness.

(6) For the purpose of this section, a person who pays by a cheque, bill of exchange or order to pay, the payment of which is not made by the savings institution on which it is drawn when it is presented for payment, whether in person or through another savings institution, is deemed not to have paid.

(7) For the purpose of this section, the production of a cheque, bill of exchange or order to pay on which is marked "Under clearing rules, this item must not be cleared again unless certified" or other words importing that payment was not made by the savings institution, is evidence that payment was not made.

Cancellation of driver's licence

26.1  (1) Subject to subsection (2) but despite any other provision of this Act or the regulations, if a person

(a) is indebted to the Insurance Corporation of British Columbia for a motor vehicle indebtedness or to the government for a fine indebtedness or a monetary penalty under section 215.44, or

(b) in respect of an application by the person for a driver's licence, or for the purpose of maintaining a record relating to the person's driver's licence,

(i)   makes a false or misleading statement,

(ii)   fails to disclose information that is required to be disclosed,

(iii)   presents a fraudulent or fraudulently altered record, or

(iv)   fraudulently uses a record,

the corporation may, with or without holding a hearing or refunding the fees for the licence, cancel the driver's licence of the person.

(2) The Insurance Corporation of British Columbia must not exercise a right referred to in subsection (1) in respect of paragraph (a) of that subsection unless

(a) the corporation mails to the debtor, by registered mail, at the debtor's most recent address recorded in the corporation's records, a written demand for payment of that motor vehicle indebtedness or fine indebtedness together with a notice of any action the corporation intends to take under this section and of any appeal rights available to the debtor under section 118.7, and

(b) the debtor does not, within 30 days after the date of mailing, pay the motor vehicle indebtedness or fine indebtedness or make arrangements satisfactory to the corporation for its payment.

(2.1) Despite any other provision of this Act or the regulations, the Insurance Corporation of British Columbia may, with or without a hearing or refunding the fees for the licence, cancel the driver's licence of a person who holds a driver's licence that indicates he or she is a Canadian citizen

(a) if the person does not meet or no longer meets the requirements set out in regulations under section 25 (14.1) (b), or

(b) for another reason set out in regulations under section 25 (14.1) (c).

(3) If a person is notified that his or her driver's licence has been cancelled under this section, the person must,

(a) if notified of the cancellation by mail, immediately send the driver's licence to the Insurance Corporation of British Columbia, and

(b) if notified of the cancellation by personal service by a peace officer, sheriff or person authorized by the corporation to do anything under this Act, surrender the driver's licence to the serving peace officer, sheriff or person.

Short term driver's licence

27  (1) The Insurance Corporation of British Columbia may issue a driver's licence, with a term of more than 90 days but less than 5 years, to a person who has entered into an arrangement with the corporation for the payment of

(a) a fine indebtedness, or

(b) a motor vehicle indebtedness.

(2) A licence issued under subsection (1) is subject to the condition that the person to whom the licence is issued complies with the arrangement referred to in that subsection.

(3) The Insurance Corporation of British Columbia may, with or without a hearing or refunding the fees for the licence, cancel a driver's licence issued under subsection (1) if the person to whom it is issued fails to comply with the condition set out in subsection (2).

(4) If a person is notified that the person's driver's licence has been cancelled under this section, the person must

(a) if notified of the cancellation by mail, immediately send the driver's licence to the Insurance Corporation of British Columbia, and

(b) if notified of the cancellation by personal service by a peace officer, sheriff or person authorized by the Insurance Corporation of British Columbia to do anything under this Act, surrender the driver's licence to the serving peace officer, sheriff or person.

Inspection of vehicles and refusal to issue licence

28  (1) The Insurance Corporation of British Columbia may refuse to issue

(a) a licence and corresponding number plates, and

(b) a permit

for a motor vehicle or trailer that is required under section 216 or 219 to be presented for inspection and has not been presented for inspection or has not passed inspection.

(2) The Insurance Corporation of British Columbia may refuse to issue a permit for a motor vehicle or trailer that is required under section 216 to be presented for inspection and has not been presented for inspection or has not passed inspection.

Not in force. Repealed.

28.1  [Not in force. Repealed 2006-33-1.]

Inspection of vehicles and refusal of licence or permit

28.2  The Insurance Corporation of British Columbia, for a motor vehicle or trailer that is required under section 216 or 219 to be presented for inspection and has not been presented for inspection or has not passed inspection, may refuse to issue one or both of

(a) a licence and corresponding number plates, and

(b) a permit.

Refusal to issue licence and plates for irreparable and salvage vehicles

28.3  The Insurance Corporation of British Columbia must refuse to issue a licence and corresponding number plates for a vehicle if the corporation is satisfied that

(a) notification for the vehicle has been received under section 17.1 and the vehicle is either an irreparable vehicle or a salvage vehicle, or

(b) the vehicle is registered in another jurisdiction with a condition that the vehicle may not be licensed under any circumstances.

Examination of licensees

29  The superintendent may require a person to whom a driver's licence has been issued to attend at a time and place for one or both of the following purposes:

(a) to submit to one or more of the following tests, to be conducted by the Insurance Corporation of British Columbia: a knowledge test; a road test; a road signs and signals test;

(b) to be otherwise examined as to the person's fitness and ability to drive and operate motor vehicles of the category for which he or she is licensed.

No refund for driver's licence fee

30  There must be no refund of any portion of the fee prescribed for issuing a driver's licence if

(a) the driver's licence is

(i)   voluntarily surrendered, or

(ii)   suspended, or

(b) the person to whom the licence is issued is prohibited from driving a motor vehicle

(i)   under this Act, the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,

(ii)   before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(iii)   before April 1, 2004, under the Young Offenders (British Columbia) Act, as it then was.

Change of address or name

31  (1) If the residential address of the holder of a driver's licence issued under this Act is changed from the address stated on the driver's licence, he or she must, within 10 days of the change of residential address,

(a) notify the Insurance Corporation of British Columbia of the change stating the number of his or her driver's licence and his or her former and new addresses, and

(b) provide proof satisfactory to the corporation of his or her identity.

(1.1) A person who holds a driver's licence that indicates the driver is a Canadian citizen and who reports a change of address under subsection (1) must

(a) surrender his or her existing licence to the Insurance Corporation of British Columbia and apply and pay the prescribed fee for a duplicate licence,

(b) comply with the requirements of section 25 (1.2) (a) and (3) (d), and

(c) continue to meet requirements set under section 25 (1.2) (d).

(1.2) If a person complies with subsection (1.1), the Insurance Corporation of British Columbia must issue a duplicate licence to the person.

(2) In case of a change of name, by marriage or otherwise, of the holder of a driver's licence issued under this Act, the person must, within 10 days of the change of name, notify in person the Insurance Corporation of British Columbia, a government agent or a person authorized in writing by the corporation for the purposes of section 25 (1) of the number of the driver's licence and the former name and the new name in full.

(3) A person who reports a change of name under subsection (2) must

(a) surrender his or her existing licence to the Insurance Corporation of British Columbia and apply and pay the prescribed fee for a duplicate licence in his or her new name,

(b) comply with the requirements of section 25 (3) (d) and (e), and

(c) submit proof to the Insurance Corporation of British Columbia's satisfaction of the change of name.

(3.1) A person who holds a driver's licence that indicates the driver is a Canadian citizen and who reports a change of name under subsection (2) must, in addition to the requirements of subsection (3),

(a) comply with the requirements of section 25 (1.2) (a), and

(b) continue to meet requirements set under section 25 (1.2) (d).

(4) If a person complies with subsection (3) or (3.1), the Insurance Corporation of British Columbia must issue a duplicate licence in the new name.

Application for minor's licence

32  If a driver's licence is desired by a person who is over 16 years of age but under 19 years of age, the application for the licence must be made by the parent or guardian of the minor in the form required by the Insurance Corporation of British Columbia, unless the corporation, on cause shown to the corporation's satisfaction, dispenses with that application.

Production of licence and liability card, duplicates

33  (1) Every person, except

(a) a person driving or operating a motor vehicle exempted under section 2 (5) or section 8 or 10, or

(b) a person driving or operating a motor vehicle of a fire department of a municipality,

must have his or her driver's licence and driver's certificate and a motor vehicle liability insurance card or financial responsibility card, issued for the motor vehicle he or she is driving or operating, in his or her possession at all times while driving or operating that motor vehicle on a highway, and must produce the licence, certificate and card for inspection on demand of a peace officer.

(2) If a driver's licence issued to a person under this Act is lost, mutilated or destroyed, he or she may obtain a duplicate licence on application in the form required by the Insurance Corporation of British Columbia and payment of the prescribed fee if he or she

(a) surrenders to the corporation his or her existing licence if it is mutilated but not lost or destroyed, and

(b) complies with the requirements of section 25 (3) (d) and (e).

(2.1) If a driver's licence that indicates the driver is a Canadian citizen and that is issued to a person under this Act is lost, mutilated or destroyed, he or she may obtain a duplicate licence if, in addition to the requirements of subsection (2), he or she

(a) complies with the requirements of section 25 (1.2) (a), and

(b) continues to meet requirements set under section 25 (1.2) (d).

(3) A person who has obtained a duplicate licence under subsection (2)

(a) must, on finding that the licence in place of which the duplicate was issued was not lost or destroyed, or on finding or recovering the licence in place of which the duplicate was issued, immediately surrender the licence in place of which the duplicate licence was issued to the Insurance Corporation of British Columbia, and

(b) must not by conduct, words or otherwise attempt to represent that the licence in place of which the duplicate was issued is his or her subsisting licence.

Exemption of non-resident and new resident drivers

34  (1) The exemptions provided by this section apply only while a person is driving or operating any of the following vehicles in British Columbia:

(a) a motor vehicle registered under section 3;

(b) a motor vehicle registered under section 21 during the period named in the certificate of registration issued under that section;

(c) a motor vehicle operated under a permit issued pursuant to a regulation made under section 11 (2) (d) of the Commercial Transport Act;

(d) a motor vehicle operated under a reciprocal arrangement or agreement made under section 10 of the Commercial Transport Act;

(e) a commercial vehicle registered and licensed under the Commercial Transport Act;

(f) a motor vehicle or trailer in respect of which the owner is exempted under section 21 (1), but only for the period limited by that subsection;

(g) a motor vehicle operated under a permit granted under a regulation under section 210 (2) (j).

(1.1) Subject to subsection (1.2), the following persons are exempt, for the period specified, from the requirements respecting the holding of a driver's licence issued to him or her under this Act:

(a) a person who has a validly issued and subsisting driver's or operator's licence or permit issued according to the laws where he or she is ordinarily resident, for 6 months from the date he or she last entered British Columbia;

(b) a person who has become ordinarily resident in British Columbia and who has a validly issued and subsisting driver's or operator's licence or permit issued according to the laws of the jurisdiction where he or she was most recently ordinarily resident, for 90 days after he or she became ordinarily resident in British Columbia;

(c) a person who has a validly issued and subsisting driver's or operator's licence or permit issued according to the laws where he or she is ordinarily resident, for the period that the person is registered as a full time student at and attends any of the educational institutions listed in section 21 (2) (b);

(i) to (viii)   [Repealed 2003-7-42.]

(d) a person who

(i)   has a validly issued and subsisting driver's or operator's licence or permit issued according to the laws where he or she is ordinarily resident,

(ii)   has entered into an agreement under which the person will work in British Columbia, as part of a program or in the circumstances specified by regulation, for a period longer than 6 months but shorter than one year, and

(iii)   is in a prescribed class of persons,

for the period during which the person works in British Columbia under the agreement.

(1.2) A person claiming an exemption under subsection (1.1) must carry a valid and subsisting driver's or operator's licence or permit on his or her person while operating a motor vehicle referred to in subsection (1) and must produce that driver's or operator's licence or permit to a peace officer on demand.

(2) A person exempt under subsection (1.1) is also exempt for the same period, while driving or operating in British Columbia a motor vehicle set out in subsection (1) (b), (c) or (d), from the requirements respecting the holding of a motor vehicle liability insurance card or a financial responsibility card, subject, in every case, to his or her giving the Insurance Corporation of British Columbia proof of financial responsibility under sections 106 to 113.

Repealed

35  [Repealed 2007-28-29.]

Municipal chauffeur permits

36  (1) In this section, "chief of police of the municipality", in the case of a municipality policed by the Commissioner of Provincial Police, means the senior member of the Royal Canadian Mounted Police in that municipality.

(2) [Repealed 2008-15-22.]

(3) A chauffeur, within a municipality that has passed a bylaw under subsection (11), must not drive, operate or be in charge of a motor vehicle carrying passengers for hire unless he or she holds a permit for that purpose issued to him or her by the chief of police of the municipality.

(4) A chauffeur to whom a permit is issued under subsection (3) must comply with all regulations made by the municipality that are not repugnant to this Act or the regulations.

(5) If the police chief of the municipality, on proof to his or her satisfaction, believes that a person holding a permit under subsection (3), because of his or her use of or dealing in intoxicants or narcotic drugs or any other reason, is unfit to act as a chauffeur, the police chief may suspend or cancel the permit.

(6) If an applicant for a chauffeur's permit is refused or a chauffeur's permit is suspended or cancelled by the chief of police in a municipality, the chief of police must within 24 hours after the refusal, suspension or cancellation notify the applicant or holder in writing stating the grounds.

(7) An appeal lies to the council of the municipality from a refusal, suspension or cancellation under subsection (6).

(8) On an appeal under subsection (7), the decision of the council is final.

(9) A fee must not be payable for a permit issued under subsection (3).

(10) A chauffeur who holds a permit granted or issued under this section must

(a) have it in his or her possession at all times while driving or operating a motor vehicle on a highway, and

(b) produce it for inspection at any time on the demand of a peace officer or constable.

(11) The council of a municipality may by bylaw provide for the regulation, in accordance with this section, of chauffeurs in the municipality and for the issue of permits to chauffeurs by the chief of police.

Employment of unlicensed driver

37  (1) A person must not hire or engage another person to drive or operate a motor vehicle where this Act requires the driver to be licensed, unless the person hired or engaged holds a driver's licence under this Act of a class that entitles him or her to drive and operate that motor vehicle.

(2) A person who contravenes subsection (1) commits an offence.

Demonstration licence

38  (1) A demonstration licence may be issued to

(a) a dealer, or

(b) a person other than a dealer who

(i)   is engaged in the business of selling motor vehicles or trailers, and

(ii)   establishes to the Insurance Corporation of British Columbia's satisfaction that he or she requires a demonstration licence in connection with that business.

(2) An application for a demonstration licence must be

(a) made in the form required by the Insurance Corporation of British Columbia,

(b) signed by the applicant,

(c) accompanied by an application in the prescribed form for a motor vehicle liability policy under the Insurance (Vehicle) Act in respect of each demonstration licence and number plate issued under this section,

(d) delivered to

(i)   the Insurance Corporation of British Columbia,

(ii)   a government agent, or

(iii)   a person authorized in writing by the Insurance Corporation of British Columbia for the purposes of this section,

(e) accompanied by the prescribed fees and insurance premium, and

(f) in the case of an application by a dealer, accompanied by a copy of a valid motor dealer's licence issued under the Motor Dealer Act.

(3) On receiving the application in the form required by the Insurance Corporation of British Columbia, the corporation may issue the applicant a demonstration licence and distinctive demonstration number plate authorizing him or her to operate a vehicle for all purposes relating to the business to which the application pertains.

(4) A vehicle operated under subsection (3), until sold or operated otherwise than for purposes relating to the business to which the demonstration licence pertains, is deemed to be sufficiently licensed for the purpose of this Act and of the Commercial Transport Act.

(5) For the purposes of subsections (3) and (4), "purposes relating to the business" includes personal use of a vehicle of the holder of the demonstration licence by him or her, his or her vehicle salespersons and members of his or her or their households, but does not include use of a vehicle for a commercial purpose not directly related to the sale of the vehicle.

(6) The Insurance Corporation of British Columbia may suspend or cancel a demonstration licence issued under this section if the corporation believes it is in the public interest.

Inspections respecting demonstration licences

39  (1) A person who is the holder of a demonstration licence issued under section 38, and any other person who occupies or is in possession of the premises described in paragraph (a) or (b), must at all times during business hours, on the request of a peace officer, permit the peace officer, for the purpose of the administration and enforcement of this Act,

(a) to enter the place of business of the holder of the demonstration licence to inspect the holder's records, and

(b) subject to subsection (2), to enter any premises in which is kept or stored for the purposes of the holder of the demonstration licence a vehicle owned, possessed or controlled by the holder and inspect all vehicles on the premises.

(2) Subsection (1) does not require the holder of a demonstration licence, or other person, to permit a peace officer access to premises described in subsection (1) that constitute a dwelling place unless required by order of the Supreme Court issued by the court on application by the Insurance Corporation of British Columbia.

Refund of fees

40  (1) A holder of a demonstration licence issued under section 38 who ceases to carry on the business in respect of which the demonstration licence was issued must immediately surrender the licence and corresponding number plates held by him or her to an office of the Insurance Corporation of British Columbia.

(2) If a holder of a demonstration licence surrenders number plates under subsection (1), or for another reason, he or she is entitled to a refund of that part of the licence fee that is proportionate to that part of the term of the licence that is unexpired at the time of its surrender, and on the certificate of the Insurance Corporation of British Columbia showing the surrender, the Minister of Finance must, subject to subsection (3), make the refund out of revenue collected under this Act.

(3) A refund must not be made under subsection (2) if the combined amount of

(a) the licence fee to be refunded under this section, and

(b) the insurance premium to be refunded under the Insurance (Vehicle) Act, in a circumstance described in subsection (2),

is less than $5.

Transporters' licences

41  (1) In this section:

"freight" includes personal property of every description that may be conveyed on a motor vehicle or trailer, but does not include a passenger's personal baggage;

"limited freight vehicle" means a motor vehicle operated at any time on a highway by, for or on behalf of any person who charges or collects compensation for the transportation of freight in or on the motor vehicle, but only if

(a) the operation is carried on solely under a limited number of special or individual contracts or agreements, and

(b) the motor vehicle is not available for use by the general public;

"public freight vehicle" means a motor vehicle, other than a limited freight vehicle, that is operated at any time on a highway by, for or on behalf of any person who charges or collects compensation for the transportation of freight in or on the motor vehicle;

"transportation", with respect to freight, includes the shipment, care, handling, storage and delivery of it;

"transporter" means a person regularly engaged in the business of transporting vehicles.

(2) This section does not apply in respect of a public freight vehicle.

(3) A transporter must not engage in the business of delivery of vehicles that are

(a) not the transporter's own, and

(b) required to be registered and licensed under this Act or the Commercial Transport Act

unless the transporter holds a valid and subsisting transporter's licence issued under this section.

(4) An application for a transporter's licence must be

(a) made in the form required by the Insurance Corporation of British Columbia,

(b) signed by the transporter,

(c) delivered to

(i)   the Insurance Corporation of British Columbia,

(ii)   a government agent, or

(iii)   a person authorized in writing by the Insurance Corporation of British Columbia for the purposes of this section, and

(d) accompanied by the prescribed fee.

(5) On receiving the application form, the Insurance Corporation of British Columbia, if satisfied that the applicant is entitled to a transporter's licence, must issue the applicant a transporter's licence in the form established by the corporation, and a distinctive transporter number plate corresponding to the licence, authorizing the transporter to operate or tow any vehicle on the highway other than a vehicle owned by the transporter.

(6) A vehicle driven or towed on a highway under authority of a transporter's licence is deemed sufficiently registered and licensed for the purposes of this Act and the Commercial Transport Act.

(7) A transporter number plate must be conspicuously displayed on every vehicle that is

(a) being delivered in the course of business of a transporter, and

(b) in direct contact with the highway.

(8) A transporter number plate must not be used by a person other than

(a) a licensee, or

(b) an authorized person in the regular employ of the transporter.

(9) A person driving a vehicle that displays a transporter number plate must carry on his or her person and produce on demand of a peace officer evidence that he or she

(a) holds a valid and subsisting licence with which the number plate was issued, or

(b) is the duly authorized regular employee of the person who holds a valid and subsisting licence with which the number plate was issued.

(10) A licence issued under this section is not transferable.

(11) A holder of a licence under this section who ceases to carry on the business of transporting vehicles must immediately transmit to the Insurance Corporation of British Columbia a notice in writing relinquishing his or her licence and all transporter number plates held by him or her.

Manufacturer's licence

42  (1) Subject to this section, a licence known as a manufacturer's licence may be issued to a manufacturer of vehicles.

(2) An application for a manufacturer's licence must be

(a) made in the form required by the Insurance Corporation of British Columbia,

(b) signed by or on behalf of the manufacturer,

(c) delivered to

(i)   the Insurance Corporation of British Columbia,

(ii)   a government agent, or

(iii)   a person authorized in writing by the Insurance Corporation of British Columbia for the purposes of this section, and

(d) accompanied by the prescribed fee.

(3) On receiving the application form, the Insurance Corporation of British Columbia, if satisfied that the applicant is entitled to it, must issue the applicant a manufacturer's licence in the form established by the corporation, and a distinctive manufacturer's number plate corresponding to the licence.

(3.1) A manufacturer's licence authorizes the use or operation on a highway of a vehicle manufactured by the manufacturer for the following purposes:

(a) a road test;

(b) delivery of the vehicle to another place of business of the manufacturer;

(c) delivery of the vehicle to a purchaser.

(3.2) A vehicle referred to in subsection (3.1) (b) or (c) must be delivered without load unless

(a) the vehicle complies with safety standards under the Motor Vehicle Safety Act (Canada) and bears the national safety mark as required under that Act, and

(b) the load is comprised of vehicles manufactured by the manufacturer.

(4) A vehicle driven on a highway under authority of a manufacturer's licence is deemed sufficiently registered and licensed for the purposes of this Act and the Commercial Transport Act.

(5) A manufacturer's number plate must be conspicuously displayed on every vehicle being used or operated on a highway.

(6) A manufacturer's number plate must not be used by a person other than

(a) the licensee,

(b) an authorized person in the regular employ of the manufacturer, or

(c) in the case of a trailer that is being delivered, either person referred to in paragraph (a) or (b) or a person authorized by the manufacturer.

(7) A licence issued under this section is not transferable.

(8) A holder of a licence under this section who ceases to carry on the business of manufacturing vehicles must immediately transmit to the Insurance Corporation of British Columbia a notice in writing relinquishing the manufacturer's licence and all manufacturer's number plates held by the manufacturer.

Operation of motor vehicle by customer

43  (1) If,

(a) under section 41, a transporter is delivering a motor vehicle to a purchaser, or

(b) under section 42, a manufacturer is delivering a motor vehicle to a purchaser,

any person who is the purchaser of the motor vehicle or an employee of the purchaser and who has in his or her possession a written consent given to him or her by the transporter or the manufacturer for the operation of the motor vehicle under this section may, for a period not exceeding 4 days from the time the written consent is given to him or her, drive and operate the motor vehicle having displayed on it the transporter's number plate or manufacturer's number plate, without being the holder of a transporter's or manufacturer's licence or being accompanied by a person holding those licences.

(2) A consent is not sufficient for the purposes of this section unless the date and the hour of the day on which it is given and the signature of the person giving it are legibly written on it in ink.

Repairer's licence

44  (1) For the purpose of this section, "repairer's garage" means a place of business primarily designed or used for the purpose of repairing motor vehicles or trailers, but does not include a place of business from which motive fuel, lubricating oil, antifreeze or other similar products, and services incidental to them, are sold or provided except in relation to repairs.

(2) The Insurance Corporation of British Columbia may, on receiving an application in the form the corporation requires, and payment of the prescribed fee, and payment of the insurance fee prescribed under the Insurance (Vehicle) Act, issue to the owner of a repairer's garage a repairer's licence and the number of corresponding number plates that the owner applies for.

(3) A motor vehicle or trailer being driven, operated or towed on a highway by the owner of a repairer's garage, or his or her agent or employee, for the purpose of repairing, testing or rendering a service incidental to the repairing or testing, of the motor vehicle or trailer, and that has attached to it a number plate issued to the owner under subsection (2), is deemed to be sufficiently registered and licensed for the purposes of this Act and the Commercial Transport Act.

Operation of demonstration cars by written consent

45  (1) A prospective purchaser of a motor vehicle, entrusted with a motor vehicle by a holder of a demonstration licence issued under section 38 for the sole purpose of demonstration, and in possession of a written consent given to him or her by the demonstration licence holder for the operation of the motor vehicle under this section, may, for a period not exceeding 48 hours from the time the written consent is given to him or her, and not occurring more than twice in any year, drive and operate the motor vehicle having displayed on it a demonstration licence plate issued to that demonstration licence holder.

(2) A consent is not sufficient for the purposes of this subsection unless the date and the hour of the day on which it is given and the signature of the demonstration licence holder are legibly written on it in ink by the demonstration licence holder.

(3) A person, who is the owner of a motor vehicle that has suffered damage through accident and is undergoing repair in the repair shop of a demonstration licence holder entrusted with a motor vehicle by the demonstration licence holder for the sole purpose of use until completion of the repairs, and in possession of a written consent given to him or her by the Insurance Corporation of British Columbia or an officer or constable of the Royal Canadian Mounted Police for the operation of the motor vehicle under this subsection, may drive and operate the motor vehicle having displayed on it a demonstration licence plate, issued to that demonstration licence holder, on a highway during the time the repairs are being made.

(4) A person to whom a consent for the purpose of this section is given by a demonstration licence holder, the Insurance Corporation of British Columbia or an officer or constable of the Royal Canadian Mounted Police must at all times while driving or operating on a highway the motor vehicle for which the consent is given produce the consent for inspection on demand of a peace officer or constable.

(5) A person who is a mechanic in the regular employ of a demonstration licence holder and is entrusted with a motor vehicle by the demonstration licence holder for the sole purpose of conditioning or testing it may drive and operate the motor vehicle having displayed on it a demonstration licence plate, issued to that demonstration licence holder, on any highway.

(6) A person who is in the regular employ of a demonstration licence holder, or authorized by the demonstration licence holder in writing, and entrusted with the motor vehicle by the demonstration licence holder for the sole purpose of its transportation from a railway depot, wharf or a warehouse to a salesroom, warehouse or place of shipment, or delivery to a purchaser of the motor vehicle, may drive and operate the motor vehicle, having displayed on it a demonstration licence plate, issued to that demonstration licence holder, on any highway.

Offences

46  A person who drives or operates or supervises the operation on a highway of a motor vehicle having displayed on it a demonstration number plate, and who is not a prospective purchaser or a mechanic or other person entitled to drive and operate the motor vehicle under section 38 or 45, commits an offence.

Pollution control devices on motor vehicles

47  (1) [Repealed RS1996 (Supp)-318-10.]

(2) A person must not operate a motor vehicle of a class or type that, by regulations made under this Act or under the Environmental Management Act, is required to have installed on or incorporated in it a system or device to prevent or lessen the emission into the outdoor atmosphere of an air contaminant, unless the motor vehicle has the system or device installed on or incorporated in it and makes effective use of the system or device.

(3) A person who contravenes this section commits an offence and is liable on conviction to a fine of not less than $50 and not more than $500.

(4) [Repealed RS1996 (Supp)-318-10.]

Renewal of motor vehicle licence and air pollution emission

48  The licence for a motor vehicle must not be renewed unless the Insurance Corporation of British Columbia is satisfied that the motor vehicle

(a) has been certified under section 50 within 12 months before the application for the licence renewal, or

(b) is exempt from the requirement to be certified under section 50.

Regulation of motor vehicle air pollution emission

49  (1) The Lieutenant Governor in Council may make regulations as follows:

(a) prescribing the method and procedure used to test motor vehicles for compliance with the levels established under section 50 (2) (c);

(a.1) establishing inspection criteria to be applied that, when met, are deemed to indicate that motor vehicles comply with the levels established under section 50 (2) (c);

(a.2) prescribing circumstances where inspection criteria established by regulations under paragraph (a.1) may be applied;

(a.3) establishing the method and procedure used to determine whether the inspection criteria in paragraph (a.1) have been met;

(a.4) permitting the Insurance Corporation of British Columbia or the South Coast British Columbia Transportation Authority to establish guidelines for the purposes of the exercise of a discretion conferred by a regulation under paragraph (a.2) or (a.3);

(b) respecting documents that must accompany a motor vehicle at the time of a test for motor vehicle compliance;

(c) respecting the granting of a conditional pass of the test for motor vehicle compliance and prescribing amounts spent on repairs to qualify for a conditional pass;

(d) respecting parts and devices that may be used to repair a motor vehicle for the purposes of a test for motor vehicle compliance;

(e) respecting motor vehicle engine exchange.

(2) Regulations under subsection (1) or section 50 may provide differently for different

(a) air contaminants,

(b) areas of British Columbia, and

(c) classes of motor vehicle as defined by equipment or by type, model, size, model year, use or similar factor.

(3) Regulations under subsection (1) (a.2) or (a.3) may

(a) delegate a matter to a person or a class of persons, or

(b) confer a discretion on a person or a class of persons.

Motor vehicle compliance with exhaust emission standards

50  (1) The Insurance Corporation of British Columbia may, except in those areas where it is the responsibility of the South Coast British Columbia Transportation Authority under subsection (1.2) to do so, establish a program for the certification of motor vehicle compliance with the levels established under subsection (2) (c).

(1.1) In this section:

"AirCare repair centre" means a place that employs one or more AirCare repair centre technicians and is issued a certification by the Insurance Corporation of British Columbia to perform emission control system repairs and adjustments;

"AirCare repair centre technician" means a person to whom the Insurance Corporation of British Columbia issues a certification

(a) to perform emission control system repairs and adjustments to a motor vehicle, and

(b) to perform other prescribed duties and functions;

"South Coast British Columbia Transportation Authority" means the authority continued under section 2 (1) of the South Coast British Columbia Transportation Authority Act;

"transportation service region" has the same meaning as in the South Coast British Columbia Transportation Authority Act.

(1.2) The South Coast British Columbia Transportation Authority is to establish, administer and operate, or cause to be operated, in the transportation service region a program for the certification of motor vehicle compliance with the levels established under subsection (2) (c) and may enter into and perform an agreement with the Insurance Corporation of British Columbia under which the South Coast British Columbia Transportation Authority may do one or more of establish, administer and operate, or cause to be operated, a program under this subsection in any other area of British Columbia specified by regulation of the Lieutenant Governor in Council.

(2) The Lieutenant Governor in Council may make regulations as follows:

(a) exempting classes of motor vehicles and areas of British Columbia from the program described in subsection (1);

(b) specifying air contaminants;

(c) establishing exhaust emission standards and specifying the maximum levels of air contaminants that motor vehicles may emit into the outside atmosphere;

(d) prescribing circumstances in which the Insurance Corporation of British Columbia or the South Coast British Columbia Transportation Authority may certify a motor vehicle under this section even though the motor vehicle does not fully comply with regulations under paragraph (a), (b) or (c) or under section 49.

(3) The Insurance Corporation of British Columbia or the South Coast British Columbia Transportation Authority may, in respect of a motor vehicle that fails the prescribed test for motor vehicle compliance, certify the vehicle.

(4) The Insurance Corporation of British Columbia may issue a licence for a term of 3 months to a motor vehicle certified under subsection (3), but a licence may be issued under this subsection only once in the 12 month period following the certification of that motor vehicle.

(5) For the purposes of section 49, this section and the regulations,

(a) the Insurance Corporation of British Columbia or the South Coast British Columbia Transportation Authority may authorize a person to certify vehicles, and

(b) the Insurance Corporation of British Columbia may issue a certification to a person for an AirCare repair centre or as an AirCare repair centre technician.

(5.1) A certification issued to a person under subsection (5) (b) as an AirCare repair centre technician may be issued by fuel type.

(6) The South Coast British Columbia Transportation Authority may assess and collect fees that are no greater than those fees that that authority estimates are necessary to generate an annual revenue that is sufficient to satisfy the full annual costs of the programs described in subsection (1.2).

Substitution of new licence if number plate or badge lost

51  (1) In case of the loss, mutilation or destruction of a number plate held by a licensee under this Act, if the licensee gives the Insurance Corporation of British Columbia an application in the form the corporation requires, accompanied by satisfactory proof of the loss, mutilation or destruction, and delivers to the corporation the licence, and, if possible, the number plates issued with it, and pays the prescribed fee, the corporation must cancel the licence and issue to the licensee a new licence with its corresponding number plates.

(2) The Insurance Corporation of British Columbia must issue a new decal to a licensee who

(a) furnishes satisfactory proof of loss of a decal issued to the licensee,

(b) applies in the form the corporation requires, and

(c) pays the prescribed fee.

Carrying of revenue receipt in place of licence

52  (1) If an application has been made for a licence for a motor vehicle under section 3, or if an existing licence has been surrendered on an application for a new or substituted licence under section 3, 17 or 51, and an official receipt has been obtained showing the payment of all fees prescribed in respect of the application, then, during the part of the year for which the licence has been applied for, or the surrendered licence was issued, elapsing between the time of application and receipt by the applicant of the licence issued under section 3 or the substituted licence issued under section 3, 17 or 51, or the receipt by the applicant of notice that the application has been refused, the obtaining, carrying and exhibition of the official receipt in place of a licence is deemed a sufficient compliance with the provisions of this Act as to the obtaining, carrying and exhibition of a licence for that motor vehicle.

(2) If the licence issued for a motor vehicle has been surrendered to the Insurance Corporation of British Columbia in accordance with section 14 or 15, the provisions of section 11 respecting the carrying of the licence do not apply until a new licence in substitution for it is returned to the registered owner of the motor vehicle concerned.

Repealed

53-55  [Repealed 2010-14-5.]

Letting vehicles for hire

56  (1) Except when a motor vehicle is let for hire to a corporation, a person carrying on the business of letting motor vehicles for hire without drivers must not let a motor vehicle for hire without first having ascertained by inspection of a licence or permit produced by the person to whom the motor vehicle is let that he or she holds a subsisting driver's licence under this Act for the operation of that motor vehicle, or holds a subsisting driver's or operator's licence or permit referred to in section 34 (1.1) and having the person sign his or her name to an entry in a record book to be kept by the person carrying on business, showing the name and address of the person to whom the motor vehicle is let, and the number of his or her licence or permit.

(2) A person who is required to keep a record book under this section must produce it for inspection at any time on the demand of a peace officer or constable.

Used vehicle records and plates

57  (1) A person engaged in the business of buying, selling, exchanging, wrecking or otherwise dealing in second hand or used motor vehicles must

(a) keep a record in the form prescribed by the Insurance Corporation of British Columbia of every motor vehicle bought, sold, exchanged, dismantled or broken up by the person, and

(b) produce the record for inspection at any time on the demand of a peace officer or constable.

(2) A person who dismantles or breaks up a motor vehicle, or has a motor vehicle in his or her possession for the purpose of breaking it up or dismantling it, must immediately deliver to the Insurance Corporation of British Columbia the number plates of the motor vehicle.

Removal or obliteration of engine or vehicle identification number prohibited

58  (1) A person must not, without the written consent of the Insurance Corporation of British Columbia, remove or obliterate the manufacturer's engine number or vehicle identification number on a motor vehicle.

(2) If, with respect to a motor vehicle, any of the circumstances referred to in section 16 (1) (a) to (c) exist and a new vehicle identification number has not been assigned to and applied on the motor vehicle under section 16, a person must not without the written consent of the Insurance Corporation of British Columbia buy, sell, exchange, dismantle or break up that motor vehicle.

Offence

59  Every person who contravenes section 57 or 58 commits an offence.

Term and duration of licences

60  (1) Subject to this section, the Insurance Corporation of British Columbia may issue a licence for a motor vehicle or trailer for a term greater than 11 months but not more than 12 months duration starting at the beginning of the day on the effective date specified in the licence or at the time and date of validation specified in the licence, whichever is later, and expiring at the end of the day on the date specified in the licence as the expiry date unless the licence

(a) is earlier suspended, revoked, cancelled or surrendered,

(b) expires on an earlier date prescribed by regulation, or

(c) expires on an earlier date because the holder of a driver's licence is prohibited from driving a motor vehicle

(i)   under this Act, the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,

(ii)   before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(iii)   before April 1, 2004, under the Young Offenders (British Columbia) Act, as it then was.

(2) For the purpose of subsection (1), a licence issued on February 29 expires at the end of the day on February 28 of the following year.

(3) The Insurance Corporation of British Columbia may issue a licence for a term of 11 months or less for a motor vehicle or trailer that comes within a class of motor vehicles or trailers prescribed under section 210 (2) (k) (i) and may, subject to a regulation made under section 210 (2) (k) (ii), specify on the licence the time and dates on which the term of the licence begins and expires.

(4) Subject to subsections (5) and (6), section 27 and any regulations under this section, a driver's licence issued under this Act, other than a driver's licence issued under section 25 (8), must be for a period of 5 years from the anniversary of the birth of the applicant nearest to the date the licence is issued.

(5) The Insurance Corporation of British Columbia may issue to a person a driver's licence with a term of more than one year and less than 5 years if the person has never before been issued a driver's licence under this Act other than a driver's licence issued under section 25 (8).

(6) The Insurance Corporation of British Columbia, if directed by the superintendent, must issue to a person a driver's licence with a term of less than 5 years, in accordance with the direction, if

(a) the person is or was prohibited from driving a motor vehicle

(i)   under this Act, the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,

(ii)   before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(iii)   before April 1, 2004, under the Young Offenders (British Columbia) Act, as it then was,

(a.1) the person's driver's licence is or was suspended and the person's right to apply for or obtain a driver's licence is or was suspended,

(a.2) the person's driver's licence is or was cancelled under section 92 (d), or

(b) the superintendent considers it necessary because of the person's medical condition.

(7) If the Lieutenant Governor in Council has prescribed a term for licences issued for antique motor vehicles, collectors' motor vehicles or motor vehicles of a similar class, a licence issued for a motor vehicle in that class must be for the term specified by that regulation.

(8) The anniversary of the birth of a person born on February 29 for years other than leap years is deemed to be March 1.

(9) to (11) [Repealed RS1996-318-60(11).]

Cancellation of driver's licence

61  (1) With or without refunding the fees for the licence, the Insurance Corporation of British Columbia, at the direction of the superintendent, shall cancel a driver's licence in the circumstances referred to in section 60 (6) (a), (a.1), (a.2) or (b).

(2) If a person is notified that his or her driver's licence has been cancelled under this section, the person must,

(a) if notified of the cancellation by mail, immediately send his or her driver's licence to the Insurance Corporation of British Columbia, and

(b) if notified of the cancellation by personal service by a peace officer, sheriff or person authorized by the Insurance Corporation of British Columbia to do anything under this Act, surrender his or her driver's licence to the serving peace officer, sheriff or person.

Fees

62  (1) The Lieutenant Governor in Council may prescribe fees for registration and licences under this Act.

(2) If a licence for a motor vehicle or trailer is issued for a term of less than 12 months, the licence fee must be

(a) an amount calculated at the prescribed annual licence fee for a motor vehicle or trailer of the same class prorated for each month and fraction of a month in the term of the licence, plus a surcharge if any is prescribed under section 210 (2) (l) for the licence, and

(b) if no annual licence fee is prescribed for a motor vehicle or trailer of the same class, the amount determined under section 210 (2) (l).

(3) For the purposes of subsection (2), the amount of the fee must be rounded to the nearest dollar, and an amount ending in 50¢ must be raised to the next highest dollar.

Rebate of part of licence fees

63  (1) Despite section 62, the Lieutenant Governor in Council may by regulation provide that for any licence year a rebate of 20% of the prescribed licence fees for motor vehicles of the private passenger type must be granted.

(2) A rebate under subsection (1) applies both to licences for the whole of the licence year specified in the regulations and to licences for any part of it.

Recovery of licence fees

64  (1) The registration and licence fees required under this Act to be paid for a motor vehicle or trailer become delinquent immediately on the operation of the motor vehicle or trailer on a highway without the licence fee required under this Act first having been paid, and form a charge on the motor vehicle or trailer for which they are delinquent.

(2) The Insurance Corporation of British Columbia may seize and sell the motor vehicle or trailer referred to in subsection (1) at public auction, and out of the proceeds of sale must satisfy the delinquent licence fee and the costs and expenses of sale, and pay any surplus to the owner or person in possession of the motor vehicle or trailer at the time of seizure.

(3) Instead of seizure and sale of the motor vehicle under subsection (2), the delinquent licence fee may be recovered in a court of competent jurisdiction in the name of the Attorney General, with costs, as a debt due to the government by any person who under this Act should have paid the fee.

(4) A peace officer may, on the direction of the Insurance Corporation of British Columbia, seize any number plate for the issuance of which full fees have not been paid in accordance with this Act, and must immediately deliver the plate or cause it to be delivered to the corporation.

Accounting

65  Subject to section 17 of the Insurance Corporation Act, all fees collected under this Act shall be paid into the consolidated revenue fund.

Persons authorized to take affidavits

66  (1) For the purposes of carrying out the powers, duties and functions under this Act of the Insurance Corporation of British Columbia, the corporation and every person authorized in writing by the corporation has power to take the affidavits required or authorized to be made under this Act.

(1.1) For the purposes of carrying out the powers, duties and functions of the director under this Act, the director and every person authorized in writing by the director has power to take the affidavits required or authorized to be made under this Act.

(2) For the purposes of carrying out the powers, duties and functions under this Act of the superintendent, the superintendent and every person authorized in writing by the superintendent has power to take the affidavits required or authorized to be made under this Act.

(3) [Repealed 1999-6-21.]

Repealed

67  [Repealed 2008-42-78.]

Duty of driver at accident

68  (1) The driver or operator or any other person in charge of a vehicle that is, directly or indirectly, involved in an accident on a highway must do all of the following:

(a) remain at or immediately return to the scene of the accident;

(b) render all reasonable assistance;

(c) produce in writing to any other driver involved in the accident and to anyone sustaining loss or injury, and, on request, to a witness

(i)   his or her name and address,

(ii)   the name and address of the registered owner of the vehicle,

(iii)   the licence number of the vehicle, and

(iv)   particulars of the motor vehicle liability insurance card or financial responsibility card for that vehicle,

or such of that information as is requested.

(2) The driver or operator or any other person in charge of a vehicle that collides with an unattended vehicle must stop and must

(a) locate and notify in writing the person in charge of or the owner of the unattended vehicle of

(i)   the name and address of the driver, operator or other person in charge,

(ii)   the name and address of the registered owner, and

(iii)   the licence number

of the vehicle that struck the unattended vehicle, or

(b) leave in a conspicuous place in or on the vehicle collided with a notice in writing giving the information referred to in paragraph (a).

(3) The driver or operator or any other person in charge of a vehicle involved in an accident resulting in damage to property on or adjacent to a highway, other than a vehicle under subsection (2), must take reasonable steps to locate and notify in writing the owner or person in charge of the property of the fact of the accident and of the following:

(a) the name and address of the driver, operator or other person in charge of the vehicle;

(b) the name and address of the registered owner;

(c) the licence number of the vehicle.

False statements, misuse of number plates, licence, identification card or permit

69  (1) A person commits an offence if the person does any of the following:

(a) makes a false statement in

(i)   an application for registration of a motor vehicle or trailer,

(ii)   [Repealed 2009-10-7.]

(iii)   an application for another licence or certificate, permit or consent,

(iv)   a notice of transfer of a motor vehicle or trailer,

(v)   a report of an accident, or

(vi)   a notice of relinquishment of a licence under this Act;

(b) being in possession or control of a number plate issued under this Act or under an Act of any province of Canada, permits another person to use the number plate on a motor vehicle or trailer other than the one for which it was issued;

(c) being the holder of a permit, certificate or consent issued or given to him or her under this Act or under an Act of a province of Canada, permits another person to possess or use it.

(2) A person commits an offence if the person, in

(a) applying for a driver's licence or an identification card,

(b) assisting another person in applying for a driver's licence or an identification card,

(c) presenting records or providing information for the purpose of maintaining a record relating to a driver's licence or an identification card, or

(d) assisting another person in presenting records or providing information for the purpose of maintaining a record relating to a driver's licence or an identification card,

does any of the following:

(e) makes a false or misleading statement;

(f) fails to disclose information that is required to be disclosed;

(g) presents a fraudulent or fraudulently altered record;

(h) fraudulently uses a record.

(3) A person commits an offence if the person

(a) allows another person to use or possess a driver's licence or an identification card issued to the person under this Act or under an Act of a province of Canada,

(b) represents that a driver's licence or an identification card is a driver's licence or an identification card issued under this Act when the driver's licence or identification card is not issued under this Act, or

(c) produces or uses a facsimile of a driver's licence or an identification card without authority from the Insurance Corporation of British Columbia.

(4) A person who contravenes subsection (2) or (3) is liable to a fine of not less than $400 and not more than $20 000 or to imprisonment for not more than 6 months, or to both.

Use of another's licence or permit; failure to permit inspection

70  (1) A person commits an offence if the person, while driving, operating or in charge of a motor vehicle on a highway does any of the following:

(a) uses or is in possession of

(i)   a permit, certificate, motor vehicle liability insurance card, financial responsibility card or consent issued or given under this Act and belonging to another person, or

(ii)   a fictitious or invalid permit, certificate, motor vehicle liability insurance card, financial responsibility card or consent purporting to be issued or given under this Act;

(b) refuses or fails to produce a subsisting driver's licence, permit, certificate, motor vehicle liability insurance card, financial responsibility card, or consent issued to him or her under this Act when requested by a peace officer or constable to do so, or refuses or fails to permit it to be taken in hand for the purpose of inspection by the peace officer or constable.

(1.1) A person commits an offence if the person uses or is in possession of

(a) an identification card belonging to another person, or a fictitious or invalid identification card purporting to be issued or given under this Act, or

(b) a driver's licence belonging to another person, or a fictitious or invalid driver's licence purporting to be issued or given under this Act, whether while driving, operating or in charge of a motor vehicle on a highway or not.

(2) A person who contravenes subsection (1) (a) commits an offence and is liable to a fine of not less than $100 and not more than $2 000 or to imprisonment for not less than 7 days and not more than 6 months, or to both.

(3) A person who contravenes subsection (1.1) is liable to a fine of not less than $400 and not more than $20 000 or to imprisonment for not more than 6 months, or to both.

Production of motor vehicle licences

71  A person commits an offence if the person, being in possession or control of a motor vehicle or trailer for which a licence has been issued under this Act, and being requested by a peace officer or constable to produce or exhibit the licence, refuses or fails to do so.

Transporting animals

72  A person commits an offence if the person transports a living animal on the runningboard, fender, hood or other exterior part of a motor vehicle unless a suitable cage, carrier or guard rail is provided and is attached adequately to protect that animal from falling or being thrown from the vehicle.

Failing to stop and state name

73  (1) A peace officer may require the driver of a motor vehicle to stop and the driver of a motor vehicle, when signalled or requested to stop by a peace officer who is readily identifiable as a peace officer, must immediately come to a safe stop.

(2) When requested by a peace officer, the driver of a motor vehicle or the person in charge of a motor vehicle on a highway must state correctly his or her name and address and the name and address of the owner of the motor vehicle.

(3) A person who contravenes subsection (1) or (2) commits an offence and is liable to a fine of not less than $100 and not more than $2 000 or to imprisonment for not less than 7 days and not more than 6 months, or to both.

Alteration and use of fictitious number plates or documents

74  (1) A person commits an offence if the person

(a) alters, obliterates or repaints a figure or letter

(i)   on a number plate issued under this Act,

(ii)   on a numbered decal issued under section 12 (3), or

(iii)   on any other document issued under this Act for the temporary operation of a motor vehicle or trailer,

(b) drives, operates or has charge of a motor vehicle or trailer having displayed on it

(i)   a number plate, numbered decal or document referred to in paragraph (a) on which a figure or letter has been altered, obliterated or repainted, or

(ii)   a number plate, numbered decal or other document for the temporary operation of a motor vehicle or trailer, that has not been issued under this Act but that is of a colour or design resembling or purporting to be a number plate, numbered decal or document for the temporary operation of a motor vehicle or trailer issued under this Act,

(c) alters a driver's licence or an identification card issued under this Act, or

(d) drives, operates or has charge of a motor vehicle or trailer while in possession of a driver's licence that has been altered.

(2) Subsection (1) (b) applies to a number plate, numbered decal or other document for the temporary operation of a motor vehicle or trailer issued in another jurisdiction.

(3) Subsection (1) (d) applies to a driver's licence issued in another jurisdiction.

(4) A person who contravenes subsection (1) (c) or (d) is liable to a fine of not less than $400 and not more than $20 000 or to imprisonment for not more than 6 months, or to both.

General offence

75  A person who contravenes a section of this Act by doing an act that it forbids, or omitting to do an act that it requires to be done, commits an offence.

No suspended sentence where minimum punishment

76  Despite section 89 of the Offence Act, if a defendant is convicted of an offence for which a minimum punishment is established under this Act, the court must not suspend the passing of sentence.

Application of fines

77  (1) Despite any statute, all fines imposed under this Act in prosecutions on information laid by an officer or constable of the Royal Canadian Mounted Police must, when paid or recovered, be paid to the Minister of Finance and form part of the consolidated revenue fund.

(2) This section does not apply to a municipality for the policing of which an agreement is in force under section 39 of the Police and Prisons Regulation Act, R.S.B.C. 1960, c. 288.

Limitation of actions

78  An information for or in respect of an offence against or a contravention of this Act or the regulations must be laid within 12 months from the time when the matter of the information arose.

Arrest without warrant

79  An officer or constable of the Royal Canadian Mounted Police or of the police department of a municipality may arrest without warrant

(a) a person who the officer or constable finds driving a motor vehicle, and who the officer or constable has reasonable and probable grounds to believe was driving in contravention of section 95 or 102,

(b) a person driving a motor vehicle who the officer or constable has reasonable and probable grounds to believe is not insured as required by this Act or does not hold a valid and subsisting motor vehicle liability insurance card or financial responsibility card, and

(c) a person who the officer or the constable has reasonable and probable grounds to believe has contravened section 68,

and may detain the person arrested until he or she can be brought before a justice to be dealt with according to law.

Onus of proof of licence

80  In a prosecution under this Act, if it appears the defendant or accused has done an act or has committed an act or omission for which, were he or she not licensed or insured under a valid and subsisting motor vehicle liability policy or in possession of a permit or a motor vehicle liability insurance card or a financial responsibility card, he or she would be liable to some penalty under this Act, the defendant or accused must prove he or she is licensed or insured under a valid and subsisting motor vehicle liability policy or in possession of a permit or a motor vehicle liability insurance card or a financial responsibility card.

Evidence of licence or permit

81  (1) The production of a licence, permit, consent or certificate, motor vehicle liability insurance card and financial responsibility card which on its face purports to be duly issued, and were it duly issued would be a lawful authority to the defendant accused of an act or omission, is evidence that the defendant is so authorized.

(2) In all cases the signature to an instrument purporting to be a valid licence, permit, consent or certificate, motor vehicle liability insurance card and financial responsibility card is in the absence of evidence to the contrary to be taken to be genuine.

Records and proof

82  (1) If a record is kept by the Insurance Corporation of British Columbia, the director or the superintendent under this Act, the corporation, director or superintendent, as the case may be, may

(a) have the record photocopied,

(b) have the record or its contents stored in electronic format,

(c) have the record or its contents reproduced on a record that enables the information to be subsequently displayed or immediately accessible in visible form, or

(d) keep the record or its contents in any other prescribed manner.

(2) If information from a record to be kept by the Insurance Corporation of British Columbia, the director or the superintendent is converted into another format under subsection (1), the corporation, director or superintendent, as the case may be, may destroy the paper format of the record and the information, in the format into which it has been converted, is deemed to be the record so converted.

(3) If records are kept by the Insurance Corporation of British Columbia, the director or the superintendent otherwise than in paper format, the corporation, director or superintendent, as the case may be, must provide, in intelligible form, any copy of those records that, under this Act, the corporation, director or superintendent, as the case may be, is required to provide.

(4) A copy of, or extract from, a record kept in a format other than an electronic format by the Insurance Corporation of British Columbia, the director or the superintendent under this Act, certified to be a true copy or extract by an officer of the corporation or by the director or the superintendent, as the case may be, is

(a) evidence of the record or of the part of the record extracted and of the facts stated in the record or the part of the record, and

(b) conclusive proof that the corporation, director or superintendent, as the case may be, is the keeper of the record, in fulfillment of the corporation's, the director's or the superintendent's responsibility under this section.

(5) A reproduction in paper format of a record kept in electronic format by the Insurance Corporation of British Columbia, the director or the superintendent is evidence of the record and of the facts stated in the record, and is conclusive proof that the corporation, director or superintendent, as the case may be, is the keeper of the record, in fulfillment of the corporation's, the director's or the superintendent's responsibility under this section, if

(a) the reproduction is certified to be a true copy by an officer of the corporation or by the director or the superintendent, as the case may be, or

(b) the reproduction contains a statement to the effect that the reproduction is an authentic reproduction of information stored in a database in electronic format by the corporation, director or superintendent, as the case may be.

(6) A record of information, based on the records kept by the Insurance Corporation of British Columbia, the director or the superintendent under this Act, is evidence of the facts contained in the record if

(a) the information is contained in a certificate of an officer of the corporation, or of the director or the superintendent, as the case may be, or

(b) the record contains a statement to the effect that the record is an authentic reproduction of information stored in a database in electronic format by the corporation, director or superintendent, as the case may be.

(7) Proof is not required of the signature or official position of a person certifying the truth of a copy or extract, or giving a certificate under this section, and a facsimile signature purporting to be the signature of a person required to sign or certify a record under this Act is evidence of the signature and of the authority for the use of the facsimile signature.

(8) A certificate or other record referred to in subsection (4), (5) or (6) must be received in all courts for the purposes of those subsections without proof that the certificate or other record was kept or provided with lawful authority.

(9) This section is in addition to and not in substitution for any provision of this or any other enactment respecting the retention, certification or use of records by the Insurance Corporation of British Columbia, the director or the superintendent including, without limitation, any provision that

(a) allows the corporation, director or superintendent, as the case may be, to retain records in any format,

(b) allows for certification of records by the corporation, director or superintendent, as the case may be, in any manner, or

(c) allows any record to stand as evidence of any fact or matter.

(10) The Insurance Corporation of British Columbia is responsible for keeping, and has ownership, custody and control of, the records that are prescribed for the purpose of this subsection by the Lieutenant Governor in Council and of other records pertinent to the corporation's powers, duties and functions under this Act or any other enactment.

(10.1) The director is responsible for keeping, and has custody and control of, the records that are prescribed for the purpose of this subsection by the Lieutenant Governor in Council and other records pertinent to the director's powers, duties and functions under this Act or any other enactment.

(11) The superintendent is responsible for keeping, and has custody and control of, the records that are prescribed for the purpose of this subsection by the Lieutenant Governor in Council and other records pertinent to the superintendent's powers, duties and functions under this Act or any other enactment.

Electronic records

82.1  (1) A record or an extract of a record, that

(a) is kept in electronic format by the Insurance Corporation of British Columbia,

(b) is necessary for law enforcement or prosecution purposes

(i)   respecting an offence

(A)  by an owner of a motor vehicle under section 83.1 (2), or

(B)  by another person under a provision referred to in section 83.1 (2) if evidence of the offence was gathered through the use of a speed monitoring device prescribed for the purpose of that section, or

(ii)   respecting an offence

(A)  by an owner of a motor vehicle under section 83.1 (2.1), or

(B)  by another person under a provision referred to in section 83.1 (2.1) if evidence of the offence was gathered through the use of a traffic light safety device prescribed for the purpose of that section,

(c) is reproduced in electronic format or paper format, or on a record that enables the information to be subsequently displayed or immediately accessible in visible form, and

(d) contains a statement to the effect that the record or extract is an authentic reproduction of information stored in a database in electronic format by the Insurance Corporation of British Columbia,

is evidence of the record and of the facts stated in the record and is conclusive proof that the Insurance Corporation of British Columbia is the keeper of the record, in fulfillment of the corporation's responsibility under section 82 (10).

(2) A certificate of the Insurance Corporation of British Columbia, containing a statement based on the records kept by the corporation, that

(a) is kept in electronic format by the corporation,

(b) is necessary for law enforcement or prosecution purposes

(i)   respecting an offence

(A)  by an owner of a motor vehicle under section 83.1 (2), or

(B)  by another person under a provision referred to in section 83.1 (2) if evidence of the offence was gathered through the use of a speed monitoring device prescribed for the purpose of that section, or

(ii)   respecting an offence

(A)  by an owner of a motor vehicle under section 83.1 (2.1), or

(B)  by another person under a provision referred to in section 83.1 (2.1) if evidence of the offence was gathered through the use of a traffic light safety device prescribed for the purpose of that section,

(c) is reproduced in electronic format or paper format, or on a record that enables the information to be subsequently displayed or immediately accessible in visible form, and

(d) contains a statement that it is an authentic reproduction of all the information on a certificate stored in a database in electronic format by the corporation,

is, without proof of the signature, if any, or official position of the person giving the certificate, evidence of the facts stated in the certificate.

(3) A record, providing a statement of information based on the records kept by the Insurance Corporation of British Columbia, that

(a) is necessary for law enforcement or prosecution purposes

(i)   respecting an offence

(A)  by an owner of a motor vehicle under section 83.1 (2), or

(B)  by another person under a provision referred to in section 83.1 (2) if evidence of the offence was gathered through the use of a speed monitoring device prescribed for the purpose of that section, or

(ii)   respecting an offence

(A)  by an owner of a motor vehicle under section 83.1 (2.1), or

(B)  by another person under a provision referred to in section 83.1 (2.1) if evidence of the offence was gathered through the use of a traffic light safety device prescribed for the purpose of that section, and

(b) contains a statement that it is an authentic reproduction of information stored in a database in electronic format by the corporation,

is evidence of the facts stated in the record.

(4) A record or extract of a record, or a certificate, referred to in subsection (1), (2) or (3) must be received in all courts for the purposes of those subsections without proof that the record, extract or certificate was kept or provided with lawful authority.

(5) Nothing in this section limits the application of section 82.

Liability of owner for contravention of Act

83  (1) In this section:

"owner" includes

(a) a person in possession of a motor vehicle under a contract by which the person may become the owner on full compliance with the contract, and in whose name alone the motor vehicle is registered, and

(b) a person who rents or leases a motor vehicle from another person;

"traffic bylaws of a municipality" includes bylaws enacted under this or another Act by a municipality with respect to the parking of vehicles, or the use of parking meters;

"traffic laws of a treaty first nation" includes the laws of a treaty first nation, enacted under its final agreement, with respect to the parking of vehicles or the use of parking meters.

(2) The owner of a motor vehicle must be held liable for any contravention of

(a) this Act or the regulations,

(b) the Transportation Act or the regulations under it,

(c) the Firearm Act in respect of the carrying or use of firearms in motor vehicles,

(d) the traffic bylaws of a municipality, or

(e) the traffic laws of a treaty first nation.

(2.1) The owner of a motor vehicle must be held liable for the contravention of a prescribed enactment in relation to parking.

(3) An owner must not be held liable under under subsection (2) or (2.1) if the owner establishes that

(a) the person who was, at the time of the contravention, in possession of the motor vehicle was not entrusted by the owner with possession, or

(b) the owner exercised reasonable care and diligence when the person entrusted the motor vehicle to the person who was, at the time of the contravention, in possession of the motor vehicle.

(4) If an owner is liable under this section, in place of the fine or term of imprisonment specified in an enactment for the offence, a fine of not more than $2 000 may be imposed.

(5) On a prosecution of the owner of a motor vehicle for an offence under this section, the burden is on the defendant to prove that

(a) the person in possession of the motor vehicle was not a person entrusted by the owner with possession, or

(b) the registered owner is not the owner.

(6) An owner of a motor vehicle is liable under under subsection (2) or (2.1) even if the motor vehicle, at the time of the contravention, is unattended or is not in the possession of any person.

(7) An owner must not be held liable under under subsection (2) or (2.1)

(a) with respect to an offence under section 24 (1), 95, 102, 224 or 226, or

(b) with respect to any offence where the driver has been convicted of

(i)   the same offence, or

(ii)   an included offence

arising out of the same circumstances.

Liability of owner for speeding and traffic light violations

83.1  (1) In this section:

"owner" includes

(a) a person in possession of a motor vehicle under a contract by which the person may become the owner on full compliance with the contract, and in whose name alone the motor vehicle is registered under this Act,

(b) a person who rents or leases a motor vehicle from another person, and

(c) a person who holds a licence under section 38, 41, 42 or 44;

"speed monitoring device" means a speed monitoring device prescribed under subsection (8) that is capable of photographing or capturing the image of a motor vehicle while accurately and simultaneously measuring and recording its speed;

"traffic control signal" has the same meaning as in section 119;

"traffic light safety device" means a traffic light safety device prescribed under subsection (8) that is capable of photographing or capturing one or more images of a motor vehicle and of accurately and simultaneously recording data related to the motor vehicle and a traffic control signal.

(2) The owner of a motor vehicle is liable for the contravention of section 140, 146 (1), (3), (5) or (7), 147 or 148 (1) if evidence of the contravention was gathered through the use of a prescribed speed monitoring device.

(2.1) The owner of a motor vehicle is liable for the contravention of section 129 (1) or (5) (a), 131 (1) (a) or (2) (a) or 134 if evidence of the contravention was gathered through the use of a prescribed traffic light safety device.

(3) An owner is not liable under subsection (2) or (2.1) if the owner establishes that

(a) the person who was, at the time of the contravention, in possession of the motor vehicle was not entrusted by the owner with possession, or

(b) the owner exercised reasonable care and diligence in entrusting the motor vehicle to the person who was, at the time of the contravention, in possession of the motor vehicle.

(4) If an owner is liable under this section, in place of the fine or term of imprisonment specified in an enactment for the offence, a fine of not more than $2 000 may be imposed.

(5) On a prosecution of the owner of a motor vehicle for an offence under this section, the burden is on the defendant to prove that

(a) the person in possession of the motor vehicle was not a person entrusted by the owner with possession, or

(b) the registered owner is not the owner.

(6) No owner is liable under subsection (2) or (2.1) with respect to any offence if the driver has been convicted of

(a) the same offence, or

(b) an included offence

arising out of the same circumstances.

(7) [Not in force. Repealed 2001-32-25.]

(8) The Lieutenant Governor in Council may prescribe

(a) a speed monitoring device for the purpose of subsection (2), and

(b) a traffic light safety device for the purpose of subsection (2.1).

(9) Without limiting subsection (2), (2.1) or (8), evidence that is gathered by a speed monitoring device under subsection (2) or by a traffic light safety device under subsection (2.1) may be gathered by any method that captures the image of a motor vehicle and allows the image to be reproduced including, without limitation, by film or by electronic means.

(10) Data, which may be in an encoded form, may be electronically and simultaneously recorded on the captured image under subsection (9).

(11) Without limiting any other provision in this section, the recorded image under subsection (10) may be converted from one format to another, transmitted, stored or reproduced by electronic or any other means that allows the recorded image to be reproduced in intelligible form including, without limitation, electronically.

(12) If the Insurance Corporation of British Columbia has stored a recorded image in electronic format under subsection (11),

(a) the corporation may provide the recorded image by reproducing it in electronic format or paper format, or on a record that enables the information to be subsequently displayed or immediately accessible in visible form, and

(b) the reproduction referred to in paragraph (a) has the same effect for all purposes as if it were an original document, if the reproduction

(i)   is certified by an officer of the corporation under section 82, or

(ii)   contains a statement that it is an authentic reproduction of a recorded image stored in a database in electronic format by the corporation.

(13) For the purposes of section 83.2 (8) and subsections (11) and (12) of this section, a recorded image may include an enlargement of the area of the recorded image depicting the licence plate of the motor vehicle.

Certificate as evidence

83.2  (1) In this section, "enforcement officer" means an enforcement officer as defined in the Offence Act.

(2) An enforcement officer may provide, by signing a completed certificate in the prescribed form,

(a) evidence of an offence

(i)   by an owner of a motor vehicle under section 83.1 (2), or

(ii)   by another person under a provision referred to in section 83.1 (2) if evidence of the offence was gathered through the use of a speed monitoring device prescribed for the purpose of that section, or

(b) evidence of an offence

(i)   by an owner of a motor vehicle under section 83.1 (2.1), or

(ii)   by another person under a provision referred to in section 83.1 (2.1) if evidence of the offence was gathered through the use of a traffic light safety device prescribed for the purpose of that section.

(3) A certificate under this section is, without proof of the signature or the official position of the person signing the certificate, evidence of the facts stated in the certificate.

(4) A person against whom a certificate under this section is produced may, with leave of the court, require the attendance of the enforcement officer who signed the certificate, for the purpose of cross-examination.

(5) An enforcement officer who signs a certificate under this section must promptly send the certificate to the Insurance Corporation of British Columbia.

(6) The Insurance Corporation of British Columbia must keep a record of every certificate sent to the corporation under subsection (5).

(7) The Lieutenant Governor in Council may prescribe the form and content of a certificate for the purposes of this section.

(7.1) For the purpose of a certificate under this section,

(a) the certificate may be created and completed in electronic format by electronic or any other means that allows the certificate to be reproduced in intelligible form including, without limitation, electronically,

(b) in place of signing the certificate under subsection (2), the enforcement officer may identify himself or herself as the person making and authenticating that certificate by means of an electronic reproduction of his or her signature that is capable of being assigned to that certificate only by that enforcement officer,

(c) the signature referred to in paragraph (b) may be made by electronic or any other means that allows the signature to be reproduced in intelligible form including, without limitation, by electronically storing the signature by means of an electronic scanner or an electronic signature pad,

(d) if the certificate including the enforcement officer's signature is in electronic format, it may be converted from electronic format to paper format for all purposes including, without limitation, for the purposes of subsection (5),

(e) if the certificate including the enforcement officer's signature is in electronic format, it may be received, transmitted, stored or sent electronically,

(f) if the certificate is sent to the Insurance Corporation of British Columbia in paper format for storage, the corporation may convert it to and store it in electronic format, and

(g) if the Insurance Corporation of British Columbia has stored the certificate in electronic format under paragraph (e) or (f),

(i)   the corporation may provide the certificate by reproducing it in electronic format or paper format, or on a record that enables the information to be subsequently displayed or immediately accessible in visible form, and

(ii)   the reproduction referred to in subparagraph (i) has the same effect for all purposes as if it were an original document, if the reproduction

(A)  is certified by an officer of the corporation under section 82, or

(B)  contains a statement that it is an authentic reproduction of all the information on a certificate stored in a database in electronic format by the corporation.

(8) The recorded image referred to in section 83.1 (11) may be included as part of a certificate under subsection (2) of this section.

Duty to give information

84  (1) If a peace officer has reason to believe that a motor vehicle has been involved in an accident or in a contravention of this Act, the Commercial Transport Act or the Transportation Act, the regulations under any of these Acts, the bylaws of a municipality or the laws of a treaty first nation, and so informs the owner or a person in the motor vehicle, it is the duty of the owner or person, as the case may be, if required by the peace officer, to give all information it is in his or her power to give relating to the identification of the driver of the motor vehicle at the relevant time or during the relevant period.

(2) If the owner or other person fails to comply with subsection (1), or gives information that he or she knows to be false or does not believe to be true, he or she commits an offence against this Act.

Offence

85  A person who, being in possession or control of a motor vehicle, permits it to be driven or operated by a minor who is not the holder of a subsisting driver's licence permitting that operation commits an offence against this Act.

Responsibility of owner or lessee in certain cases

86  (1) In the case of a motor vehicle that is in the possession of its owner, in an action to recover for loss or damage to persons or property arising out of the use or operation of the motor vehicle on a highway, a person driving or operating the motor vehicle who

(a) is living with, and as a member of the family of, the owner, or

(b) acquired possession of the motor vehicle with the consent, express or implied, of the owner,

is deemed to be the agent or servant of, and employed as such by, that owner and to be driving or operating the motor vehicle in the course of his or her employment with that owner.

(1.1) In the case of a motor vehicle that is in the possession of its lessee, in an action to recover for loss or damage to persons or property arising out of the use or operation of the motor vehicle on a highway, a person driving or operating the motor vehicle who

(a) is living with, and as a member of the family of, the lessee, or

(b) acquired possession of the motor vehicle with the consent, express or implied, of the lessee,

is deemed to be the agent or servant of, and employed as such by, that lessee and to be driving or operating the motor vehicle in the course of his or her employment with that lessee.

(1.2) In the case of a motor vehicle that is in the possession of its lessee, in an action to recover for loss or damage to persons or property arising out of the use or operation of the motor vehicle on a highway, a person driving or operating the motor vehicle who acquired possession of the motor vehicle with the consent, express or implied, of its lessor is deemed to be the agent or servant of, and employed as such by, that lessor and to be driving or operating the motor vehicle in the course of his or her employment with that lessor.

(1.3) The liability under subsection (1.2) of a lessor is subject to the applicable limit established under section 82.1 of the Insurance (Vehicle) Act.

(2) Nothing in this section relieves a person deemed to be the agent or servant of the owner or lessee and to be driving or operating the motor vehicle in the course of his or her employment from the liability for such loss or damage.

(3) In this section:

"lessee" means a person who leases or rents a motor vehicle from a lessor for any period of time;

"lessor" means the following:

(a) subject to paragraph (b), a person who, under an agreement in writing and in the ordinary course of the person's business, leases or rents a motor vehicle to another person for any period of time;

(b) if the lessor referred to in paragraph (a) has assigned the agreement, the assignee;

"owner"  

(a) includes a purchaser of a motor vehicle who is in possession of the motor vehicle under a contract of conditional sale by which title to the motor vehicle remains in the seller, or the seller's assignee, until the purchaser takes title on full compliance with the contract,

(b) if a purchaser of a motor vehicle is in possession of the motor vehicle, does not include the seller of that motor vehicle under a contract of conditional sale described in paragraph (a) or the assignee of that seller, and

(c) does not include a lessee of a motor vehicle who is in possession of the motor vehicle under an agreement in writing with the owner, whether or not the lessee may become its owner in compliance with the agreement.

(4) This section, as amended by section 43 of the Miscellaneous Statutes Amendment Act (No. 2), 2007, applies only in relation to loss or damage sustained on or after the date that section comes into force.

Liability of partners

87  Each member of a licensed partnership is liable to the penalties imposed against licensees for breach of this Act.

Liability of licensees for offences of employees

88  (1) The registered owner of a motor vehicle by means of or in respect of which motor vehicle an offence against this Act or the regulations with respect to the equipment or maintenance of the vehicle is committed by his or her employee, servant, agent or worker, or by any person entrusted by him or her with the possession of the motor vehicle, is deemed to be a party to the offence committed, and is personally liable to the penalties prescribed for the offence as a principal offender.

(2) Nothing in this section relieves the person who actually committed the offence from liability for it.

(3) On every prosecution of a registered owner of a motor vehicle for an offence against this Act or regulations that has been committed by means of or in respect of that motor vehicle, the burden of proving that the offence was not committed by the registered owner and that the person committing the offence was not the registered owner's employee, servant, agent or worker, or a person entrusted by the registered owner with the possession of the motor vehicle is on the defendant.

Contents  |  1  |  2  |  2.1  |  2.2  |  3  |  3.1  |  4  |  5  |  6  |  7  |  8  |  9