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

Motor Vehicle Act

[RSBC 1996] CHAPTER 318

Part 6 — Carriers

Definitions

237  In this Part:

"business vehicle" means a motor vehicle

(a) 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, but only if

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

(ii)   the motor vehicle is not available for use by the general public,

(b) that is operated at any time on a highway for the transportation of freight, and includes a motor vehicle that is operated for any of the following purposes:

(i)   transportation of freight that is genuinely the property of the owner of the motor vehicle;

(ii)   transportation of freight used or subjected to a process or treatment by the owner of the motor vehicle in the course of a regular trade or occupation or established business of the owner, when the transportation is incidental to the owner's trade, occupation or business;

(iii)   delivery or collection of freight sold or purchased, or agreed to be sold or purchased, or let on hire by the owner of the motor vehicle, otherwise than as agent, in the course of a regular trade or established business of that owner, or

(c) 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,

but does not include a motor vehicle operated for hire while used exclusively in carrying pupils or teachers to or from a school;

"carrier" means, in relation to a business vehicle,

(a) the owner of the business vehicle as "owner" is defined in section 1,

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

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

but a person is not a carrier merely because he or she is the driver of the business vehicle;

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

"insurance corporation" means the Insurance Corporation of British Columbia.

Operating requirements for business vehicles

238  (1) Except as exempted under this Act, a person must not operate on a highway a motor vehicle as a business vehicle unless

(a) a safety certificate has been obtained in respect of the carrier,

(b) all prescribed documents are carried in the motor vehicle in the prescribed manner,

(c) proof of financial responsibility of the owner of the motor vehicle has been given to the insurance corporation under section 106, or a motor vehicle liability policy has been issued in respect of the motor vehicle,

(d) proof that a cargo insurance policy has been obtained in respect of the goods being transported in or on the motor vehicle and the proof has been provided to the insurance corporation in the prescribed manner, and

(e) all other prescribed requirements applicable to the operation of the motor vehicle as a business vehicle have been complied with.

(2) If authorized to do so by a regulation of the Lieutenant Governor in Council, the Insurance Corporation of British Columbia may exempt any person or motor vehicle, or class of persons or motor vehicles, from the requirements of subsection (1) (c), or may limit or vary the application of the requirements of subsection (1) (c) in any manner, and the exemption, limitation or variation is of the same force and effect as if set out in this Act.

(3) If authorized to do so by a regulation of the Lieutenant Governor in Council, the director may exempt any person or motor vehicle, or class of persons or motor vehicles, from the requirements referred to in subsection (1) (a), (b), (d) or (e), or may limit or vary the application of the requirements referred to in subsection (1) (a), (b), (d) or (e) in any manner, and the exemption, limitation or variation is of the same force and effect as if set out in this Act.

Power to search business vehicles

239  (1) A peace officer may, without a warrant, search a business vehicle on a highway to determine whether this Act and the regulations are being complied with in the operation of that business vehicle, and for that purpose may require the driver of the business vehicle to stop the business vehicle and permit the search to be made.

(2) The driver or other person in charge of a business vehicle on a highway who is required by a peace officer, by signals or otherwise, to stop the business vehicle or to permit it to be searched for the purposes of this section, and who refuses or fails to stop the business vehicle or to permit it to be searched, commits an offence against this Act.

Liability for act or omission of employee

240  (1) In construing and enforcing this Act or the regulations, the act, omission or failure of any officer, agent or person acting for or employed by a carrier, if within the scope of his or her employment, is also deemed to be the act, omission or failure of the carrier.

(2) If an officer, agent or person acting for or employed by a carrier, performs an act or omits or fails to do something and, as a result of the operation of subsection (1), the carrier is deemed to have performed an act or omitted or failed to do something that results in an offence being committed, a ticket, summons or other document served under the Offence Act is deemed to have been served on the carrier if it has been served on the person who is alleged to have performed the act or omitted or failed to do something that resulted in an offence being committed.

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