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Motor Vehicle Act

[RSBC 1996] CHAPTER 318

Part 2.2 — Show Cause Hearings and Reconsiderations about Commercial Motor Vehicles

Definitions

118.94  In this Part:

"carrier" means, in relation to a commercial motor vehicle,

(a) the owner of the commercial motor vehicle, including a person in possession of the commercial motor vehicle under a contract by which the person may become the owner of the commercial motor vehicle on full compliance with the contract,

(b) any other person having management of the commercial motor vehicle or determination of the uses to which it is put, and

(c) the lessee of the commercial motor vehicle if the lease for the commercial motor vehicle has a term of at least one month,

but a person is not a carrier merely because the person is the driver of the commercial motor vehicle;

"commercial motor vehicle" means a motor vehicle, used in the course of business for the transportation of persons or freight, that is a

(a) truck or truck tractor with a licensed gross vehicle weight greater than 5 000 kg and includes an attached trailer,

(b) bus,

(c) motor vehicle whose operator is required to hold a licence under the Passenger Transportation Act, or

(d) business vehicle, as defined in section 237, that has a gross vehicle weight greater than 5 000 kg;

"safety certificate" means a safety certificate issued in accordance with regulations made under section 212.

Suspensions

118.95  If the director considers it desirable in order to ensure road safety, the director may suspend a safety certificate issued to a carrier or an authorization or designation granted to a person under section 217 (1) (a) or (b) respecting inspections of vehicles.

Cancellations and restrictions

118.96  (1) The director may, on written notice, cancel an authorization or designation granted to a person under section 217 (1) (a) or (b) respecting inspections of vehicles on the grounds set out in the regulations.

(2) If, on the basis of information or profiles referred to in section 212, the director considers it desirable in order to ensure road safety the director may, on written notice, do any or all of the following:

(a) cancel the safety certificate issued to a carrier;

(b) direct that some or all commercial vehicle licences or permits of commercial motor vehicles operated by a carrier be cancelled;

(c) restrict or prohibit the use of a commercial motor vehicle by a carrier.

Right to show cause and request for reconsideration

118.97  (1) A person or a carrier who has been given notice under section 118.96 has the right, during the period specified by the director in the notice, to apply to the director to show cause why the cancellation, restriction or prohibition should not be made.

(2) If, at a show cause hearing under subsection (1), the director confirms a cancellation, restriction or prohibition that was the subject of a notice under section 118.96, the person or carrier has the right to apply, during the period specified by the director, to the director for a reconsideration of the decision.

General reconsideration power of the director

118.98  Despite any provision of this Part, the director may at any time reconsider, vary or rescind a decision or determination made by the director under this Part.

Show cause hearings and reconsiderations

118.99  (1) Subject to this Part and the regulations, the director may establish his or her own practices and procedures for show cause hearings or reconsiderations under this Part, and is not bound by the legal or technical rules of evidence or by decisions or determinations made under this Part.

(2) If a person or carrier seeks to show cause under section 118.97 (1) or requests a reconsideration under section 118.97 (2), the director may, if the director is satisfied that the matter can be disposed of on the basis of written submissions, decide the matter on that basis.

Direction to cancel commercial vehicle licences and permits

118.991  At the direction of the director, the Insurance Corporation of British Columbia must cancel any or all commercial vehicle licences or permits of commercial motor vehicles operated by a carrier and may, but need not, refund the fee for the licence or permit being cancelled.

Power to make regulations

118.992  The Lieutenant Governor in Council may make regulations as follows:

(a) respecting the conduct of, and practices and procedures for, show cause hearings or reconsiderations under this Part;

(b) respecting service, including substitute service, of documents;

(c) prescribing fees payable by applicants for show cause hearings or reconsiderations under this Part that may be different for commercial vehicle licences, permits, safety certificates, authorizations and designations;

(d) in prescribed circumstances or on prescribed conditions, exempting a person or class of person from a fee prescribed under this section.

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