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

Local Government Act

[RSBC 1996] CHAPTER 323

Part 20 — Regulation of Carriers and Commercial Vehicle Licensing

Division 1 — Regulation of Carriers

Repealed

652–656  [Repealed 2003-52-299.]

Regulation of carriers

657  (1) A council may, by bylaw, regulate carriers of persons or things to the extent to which they are not subject to regulation or order under another Act.

(2) Without limiting subsection (1) or section 8 (6) [fundamental powers — business] of the Community Charter, a bylaw under this section may do one or more of the following:

(a) establish the maximum and minimum charges that may be made by carriers, which may be different for different zones or areas of the municipality designated by bylaw;

(b) establish and alter routes to be taken by carriers;

(c) limit the number of vehicles with respect to which persons may be licensed in a class of carrier.

(3) A bylaw under this section may establish different classes of carriers and make different provisions for different classes.

Division 2

Repealed

658–663  [Repealed 2003-52-301.]

Division 3 — Licensing of Commercial Vehicles

Definitions

664  For the purposes of this Division:

"commercial vehicle" means a vehicle used by a person on a highway in a participating municipality, if the vehicle is

(a) a commercial vehicle as defined by and licensed under the Commercial Transport Act, or

(b) a vehicle not licensed as referred to in paragraph (a), but used for the collection or delivery, or both, of merchandise or another commodity in the ordinary course of a business;

"licence plate" includes licence decal;

"licence year" means a calendar year;

"municipality" includes the City of Vancouver;

"participating municipality" means a municipality in which a bylaw is in force declaring that this Division applies in that municipality.

Application of Division

665  Subject to the Motor Carrier Act and despite any other Act relating to a municipality, this Division applies to all municipalities.

Commercial vehicle licensing bylaw

666  (1) A council may, by bylaw, declare that this Division applies to the municipality, and in that case it applies in the municipality from and after the start of the licence year that begins at least 3 months after the adoption of the bylaw.

(2) A bylaw under subsection (1) must make provision not inconsistent with this Division for the following:

(a) the imposition and collection of licence fees;

(b) the issue of licences and licence plates;

(c) the transfer of licences and licence plates, and transfer fees.

(3) A bylaw under subsection (1) may be repealed or amended at any time, but a repeal does not take effect until the end of the licence year in which the repealing bylaw is adopted.

(4) A municipality that is not a participating municipality may not impose a licence fee under this Division or issue a class of licence under this Division.

Exemptions from licensing requirements

667  The following commercial vehicles are exempt from this Division:

(a) a commercial vehicle licensed as a farm vehicle under the Commercial Transport Act, except when used for the collection or delivery, or both, of merchandise or another commodity not required in the ordinary course of the farm undertaking of the owner of the vehicle;

(b) a commercial vehicle owned and operated by an improvement district;

(c) a commercial vehicle not requiring a licence fee under section 3 (8) of the Motor Vehicle Act;

(d) a commercial vehicle licensed under the Commercial Transport Act that is not being used by a person for the purpose of the person's business or by an organization for profit;

(e) a commercial vehicle licensed under the Commercial Transport Act that is owned by a farmer and used only to transport the produce of the farmer's farm to market and to transport supplies required for the farmer's farm;

(f) a commercial vehicle owned by the Provincial government.

Licence plate must be displayed

668  Unless exempted under section 667 [exemptions from licensing requirements], a commercial vehicle must not be operated on a highway in a participating municipality unless there is displayed on the vehicle a valid and subsisting licence plate issued in accordance with this Division for the vehicle.

Issue and transfer of licence plates

669  (1) On application for a licence under this Division for a commercial vehicle and payment of the licence fee, a licence plate must be issued for the vehicle.

(2) On application for a licence under this Division for a commercial vehicle operated under an agreement under section 10 of the Commercial Transport Act and payment of the licence fee, a licence plate must be issued and is valid for display on any commercial vehicle operated under the agreement.

(3) Subject to the requirements of a bylaw under this Division, on payment of the prescribed fee together with any sum representing the difference in licence fee required for the transfer of a licence plate to a commercial vehicle of greater gross vehicle weight, a licence plate may be transferred

(a) from one person to another person for the same commercial vehicle, or

(b) from one commercial vehicle to another commercial vehicle for the same person.

(4) The Lieutenant Governor in Council may make regulations prescribing fees for the purposes of this section and, in relation to fees under subsections (1) and (2), may prescribe different fees for commercial vehicles of different gross vehicle weight.

(5) For the purposes of section 671 [fees to be paid to UBCM], an amount paid under subsection (3) in addition to the prescribed fee is deemed to be a licence fee.

Term of licences

670  (1) A licence issued under this Division by a municipality is valid in every municipality for the current licence year.

(2) A licence issued during November or December must be issued for the following licence year and is a valid and subsisting licence from the date of issue until the end of the following licence year.

Fees to be paid to UBCM

671  (1) After deducting any licence transfer fee under section 669 (3) and the prescribed administration fee, a municipality must pay the remainder of the fees it collects under this Division to the Union of British Columbia Municipalities.

(2) The Lieutenant Governor in Council may make regulations prescribing administration fees for the purposes of subsection (1).

(3) Money received by the Union of British Columbia Municipalities under subsection (1) must be placed in a separate licence fee account, and the money may be paid out of the account for any of the following:

(a) licence plate production expenses;

(b) the expenses of conducting the audit under subsection (4);

(c) other related expenses;

(d) payments to participating municipalities.

(4) The licence fee account must be audited at the times and in the manner directed by the minister.

Offences

672  (1) The owner or operator of a commercial vehicle, other than a vehicle exempted under section 667 [exemptions from licensing requirements], who operates or uses or causes the vehicle to be operated or used on a highway in a participating municipality without holding and displaying a valid and subsisting licence plate for the vehicle is liable on conviction to a fine not exceeding $50.

(2) A person who displays or causes to be displayed a licence plate on a commercial vehicle not authorized to have it displayed on the vehicle is liable on conviction to a fine not exceeding $200 and the confiscation of the licence plate.

(3) A fine imposed under this section does not remove any liability for a prescribed licence fee under this Division.

Repealed

673–679  [Repealed 1999-37-149.]

Repealed

680  [Repealed 2003-52-302.]

Repealed

681–682  [Repealed 1999-37-149.]

Repealed

683  [Repealed 1999-25-124.]

Repealed

684–691  [Repealed 1999-37-149.]

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