1998/99 Legislative Session: 3rd Session, 36th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE HARRY LALI
MINISTER OF TRANSPORTATION AND HIGHWAYS

BILL 78 -- 1999

MOTOR VEHICLE STATUTES AMENDMENT ACT, 1999

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

 
Highway (Industrial) Act

1 Section 25 (1) (c) of the Highway (Industrial) Act, R.S.B.C. 1996, c. 189, is amended by striking out "a public passenger vehicle" and substituting "a scheduled bus".

 
Insurance (Motor Vehicle) Act

2 Section 30.1 (1) of the Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231, is amended

(a) in paragraphs (a) and (b) (i) of the definition of "convicted" by striking out "335, 354," and substituting "335, 344, 354,", and

(b) in paragraph (c) of the definition of "motor vehicle indebtedness" by striking out "convicted of an offence under section 322, 334, 335, 354, 355, 430, 434 or 435 of the Criminal Code" and substituting "convicted of an offence under section 322, 334, 335, 344, 354, 355, 430, 434 or 435 of the Criminal Code".

3 Section 37 (4) is repealed and the following substituted:

(4) An owner's certificate is deemed to have lapsed and is void immediately when the vehicle, for which the owner's certificate was issued, is registered and licensed in another province or state.

 
Motor Carrier Act

4 Section 1 of the Motor Carrier Act, R.S.B.C. 1996, c. 315, is amended

(a) by repealing the definitions of "freight", "limited freight vehicle", "limited vehicle", "private freight vehicle", "public freight vehicle", "public passenger vehicle", "public vehicle", and "transportation",

(b) in the definition of "limited passenger vehicle" by striking out "public vehicle," and substituting "scheduled bus,",

(c) in the definitions of "motor carrier" and "service" by striking out "public vehicle or a limited vehicle" and substituting "scheduled bus or a limited passenger vehicle", and

(d) by adding the following definitions:

"passenger freight" means the personal baggage and goods belonging to a passenger;

"scheduled bus" means a motor vehicle that

(a) is available for use by the public, and

(b) is operated at any time on a highway over a regular route or between fixed terminating points and on a regular time schedule by, for or on behalf of any person who charges or collects compensation for the transportation of passengers in or on the motor vehicle; .

5 Section 3 is amended by striking out "public vehicle or a limited vehicle" and substituting "scheduled bus or a limited passenger vehicle".

6 Section 5 is amended

(a) by repealing subsection (3) and substituting the following:

(3) In granting a licence, a panel of the commission may attach to the licence terms and conditions it thinks proper, including any of the following:

(a) a statement of the area, district or territory that may be served;

(b) the points at which or the area, district or territory in which passengers may be taken on or discharged;

(c) the route or routes over which and the points between which motor vehicles may be operated and the intermediate and off route points that may be served by those vehicles;

(d) the classes of transportation service that may be given;

(e) a provision that individual fares must not be charged;

(f) the terminal points from which motor vehicles may be operated;

(g) the routes that may be followed. , and

(b) in subsection (4) by striking out "public passenger vehicle, limited passenger vehicle, public freight vehicle, limited freight vehicle or private freight vehicle." and substituting "scheduled bus or limited passenger vehicle."

7 Section 11 (1) is repealed and the following substituted:

(1) A licensee must display and preserve the licence issued in respect of a vehicle

(a) on the vehicle, and

(b) in a manner conveniently seen by the public.

8 Section 14 is repealed.

9 Section 15 (2) is amended by striking out "public vehicle or limited vehicle" and substituting "scheduled bus or limited passenger vehicle".

10 Section 16 is amended

(a) in subsection (1) by striking out "and a person who owns or operates a private freight vehicle", and

(b) in subsection (2) by striking out ", and a person who owns or operates a private freight vehicle,".

11 Section 20 (1) is amended by striking out "public vehicle, limited vehicle or private freight vehicle" and substituting "scheduled bus or limited passenger vehicle".

12 Section 21 (1) is amended by striking out "public vehicle or limited vehicle" in both places and substituting "scheduled bus or limited passenger vehicle".

13 Section 39 is amended

(a) by repealing subsection (3),

(b) in subsection (4) (c) by adding "passenger" before "freight,",

(c) in subsection (4) (c), (t) and (v) by striking out "public vehicles and limited vehicles;" and substituting "scheduled buses and limited passenger vehicles;",

(d) in subsection (4) (k) and (p) by striking out "or freight",

(e) by repealing subsection (4) (l),

(f) in subsection (4) (q) and (y) by striking out "public vehicles or limited vehicles;" and substituting "scheduled buses or limited passenger vehicles;",

(g) in subsection (4) (r) by striking out "public vehicles, limited vehicles and private freight vehicles," and substituting "scheduled buses and limited passenger vehicles,", and

(h) in subsection (4) (u) by striking out "passengers on freight vehicles and the carrying of freight" and substituting "passenger freight".

14 Section 59 is amended by striking out "or freight" wherever it appears.

15 Section 60 (1) is amended by striking out "public passenger vehicle," and substituting "scheduled bus,".

16 Section 63 is amended

(a) in subsections (1) and (2) by striking out "public vehicle or limited vehicle" and substituting "scheduled bus or limited passenger vehicle",

(b) in subsection (1) (a) by striking out "or sell or offer to sell transportation of freight,", and

(c) in subsections (1) (b) and (c) and (2) by striking out "or freight".

 
Motor Vehicle Act

17 Section 16 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is repealed and the following substituted:

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.

18 Section 21 (2) (b) is repealed and the following substituted:

(b) by a person for the period that the person is registered as a 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) the British Columbia Institute of Technology;

(iv) the University of Northern British Columbia;

(v) the Technical University of British Columbia;

(vi) Royal Roads University;

(vii) the Open Learning Agency;

(viii) any other educational institution authorized under an Act to grant degrees, .

19 Section 25 is amended by adding the following subsection:

(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.

20 Section 26 is amended by adding the following subsection:

(5.1) The Insurance Corporation of British Columbia may refuse to issue a safety certificate to an operator, as defined in section 212 (1), if the operator or, in the case of an operator that is a corporation, if the operator or a director or officer of the operator, is indebted to the insurance corporation for any motor vehicle indebtedness or to the government for any fine indebtedness, until

(a) the corporation is satisfied that the amount of the indebtedness has been fully paid, or

(b) the indebted person makes arrangements satisfactory to the corporation for its payment.

21 Section 41 (1) and (2) is repealed and the following substituted:

(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.

22 Section 58 is repealed and the following substituted:

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.

23 Section 83 is amended in subsections (3), (6) and (7) by striking out "under subsection (1)" and substituting "under subsection (2)".

24 Section 83.2 (6) is amended by striking out "superintendent" and substituting "corporation".

25 The following section is added to Part 2.1:

Temporary suspension or cancellation of safety certificate

118.93 (1) On application by the Insurance Corporation of British Columbia and if satisfied that it is appropriate to do so, the superintendent may suspend the safety certificate of a person pending the holding of a show cause hearing under section 118.4 (d).

(2) An action for damages may not be brought against the superintendent because of anything done or omitted to be done in good faith in the performance or purported performance of any duty under subsection (1) or in the exercise or purported exercise of any power under subsection (1).

26 The following section is added:

Traffic control signals inoperative

125.1 (1) The driver of a vehicle approaching an intersection that has traffic control signals that are inoperative must stop before entering the intersection.

(2) If 2 vehicles have come to a stop at an intersection described in subsection (1) from different highways at approximately the same time, the driver of a vehicle must yield the right of way to the vehicle that is on the right of the vehicle that he or she is driving, but if one of the vehicles is already entering the intersection, the driver of the other vehicle must stop and yield the right of way to the entering vehicle while it is proceeding into or across the intersection.

27 Section 146 (6) is repealed and the following substituted:

(6) Subject to subsections (2) and (3), a municipality may by bylaw direct the rate of speed at which a person may drive or operate a motor vehicle on a highway in the municipality.

28 Section 212 is amended

(a) in subsection (1) by adding "and in sections 212.1 and 212.2" after "In this section",

(b) in subsection (1) by striking out "and" at the end of paragraph (a), by adding "and" at the end of paragraph (b) and by adding the following paragraph:

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

(c) in subsection (4) (f) (i) by striking out "records respecting" and substituting "prescribed records, including records respecting", and

(d) by repealing subsection (4) (f) (ii) and substituting the following:

(ii) to produce or deliver those records to the corporation on demand and in the manner and time and to the location specified by the corporation; .

29 The following sections are added:

Operator's duty to provide information

212.1 (1) An operator must, in the manner prescribed, provide to the Insurance Corporation of British Columbia all information it requires, including specific answers to all questions it submits.

(2) An operator who receives from the Insurance Corporation of British Columbia any form of return with directions to fill it out must properly fill it out and answer fully and correctly each question contained in it, and must deliver it to the corporation within the time, in the manner and to the location prescribed.

(3) When required by the Insurance Corporation of British Columbia, an operator must deliver to the corporation, within the time, in the manner and to the location prescribed, all records in his or her possession or control in any way relating to the operator's property or service or affecting his or her business, or copies of those records.

Regulations respecting vehicles having safety certificates

212.2 (1) Without limiting sections 210 and 212, the Lieutenant Governor in Council may make regulations for promoting and securing the safety of motor vehicles for which safety certificates are required under this Act and the safety and protection of the passengers, animals and cargo carried in or on those vehicles.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations respecting the following:

(a) the filing with Insurance Corporation of British Columbia of prescribed records and information in the manner and time prescribed;

(b) fees to be paid for any filing required under this Act;

(c) the maximum number of passengers or the maximum weight of freight, or both, that may be carried by motor vehicles;

(d) the conditions to be contained in and to become part of all agreements entered into by operators in respect of their services or in respect of any class of service;

(e) the conduct of drivers and passengers;

(f) the inspection of motor vehicles and of their operation;

(g) bills of lading;

(h) restrictions as to use of motor vehicles;

(i) the carrying of passengers and freight in or on motor vehicles;

(j) the equipment of motor vehicles.

30 Section 217 (3) is amended

(a) by striking out "and" at the end of paragraph (a), and

(b) by adding the following paragraphs:

(c) the driver of a motor vehicle commits an offence if he or she operates the vehicle in contravention of an emissions standard prescribed under subsection (2), and

(d) if a motor vehicle is operated in contravention of an emissions standard prescribed under subsection (2), the owner of the motor vehicle may be held liable for that contravention.

31 The following Part is added:

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) The insurance corporation may, with the approval of the Lieutenant Governor in Council or if authorized to do so by a regulation of the Lieutenant Governor in Council, exempt any person or motor vehicle, or class of person or motor vehicle, from the application of any provision of this Act, or may limit or vary the application of any provision of this Act 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) An officer or constable of the provincial police force or an officer, as defined in section 1 of the Police Act, who is employed by the insurance corporation 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 an officer or constable of the provincial police force or an officer, as defined in section 1 of the Police Act, who is employed by the insurance corporation, 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.

32 Section 237 as enacted by the Motor Vehicle Statutes Amendment Act, 1999 is amended, in the definition of "business vehicle" by striking out "or" after paragraph (b), by adding "or" after paragraph (c) and by adding the following paragraph:

(d) whether available or not for use by the public, 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 passengers in or on the motor vehicle, but does not include a scheduled bus, as that term is defined in section 1 of the Motor Carrier Act, or a taxi, .

Commencement

33 (1) Sections 1, 4 to 26 and 28 to 32 come into force by regulation of the Lieutenant Governor in Council.

(2) When brought into force by regulation, sections 23 and 24 are deemed to have come into force on April 21, 1997 and are retroactive to the extent necessary to give them effect on and after that date.

 
Explanatory Notes

 
Highway (Industrial) Act

SECTION 1: [Highway (Industrial) Act, amends section 25 (1) (c)] harmonizes the language of the Highway (Industrial) Act with the new definitions in the Motor Carrier Act as enacted by section 4 of this Bill.

 
Insurance (Motor Vehicle) Act

SECTION 2: [Insurance (Motor Vehicle) Act, amends section 30.1 (1)] allows the Insurance Corporation of British Columbia to refuse, cancel or limit insurance coverage if debt arises out of a conviction for robbery.

SECTION 3: [Insurance (Motor Vehicle) Act, repeals and replaces section 37 (4)] removes provisions that would otherwise automatically void insurance when an insured has left British Columbia for 60 days or when the insured moves to another jurisdiction that requires the vehicle to be registered and licensed there.

 
Motor Carrier Act

SECTION 4: [Motor Carrier Act, amends section 1]

SECTION 5: [Motor Carrier Act, amends section 3] harmonizes section 3 of the Motor Carrier Act with the amendments to the definitions in that Act enacted by section 1 of this Bill.

SECTION 6: [Motor Carrier Act, amends section 5] simplifies the list of terms and conditions that can be attached to a licence by the commission by removing reference to freight and freight vehicles and using the definitions contemplated by section 1 of the Motor Carrier Act as amended by section 4 of this Bill.

SECTION 7: [Motor Carrier Act, repeals and replaces section 11 (1)] removes reference to other licensed vehicles to reflect that all vehicles licensed under the Motor Carrier Act, as amended by this Bill, have the same obligation to display and preserve their licences.

SECTION 8: [Motor Carrier Act, repeals section 14] removes a provision that is no longer applicable since freight vehicles are no longer to be regulated under the Motor Carrier Act as amended by this Bill.

SECTION 9: [Motor Carrier Act, amends section 15 (2)] harmonizes section 15 (2) of the Motor Carrier Act with the amendments to the definitions enacted by section 4 of this Bill.

SECTION 10: [Motor Carrier Act, amends section 16] removes references to freight insofar as freight vehicles are not to be regulated under the Motor Carrier Act as amended by this Bill.

SECTION 11: [Motor Carrier Act, amends section 20 (1)] harmonizes section 20 (1) of the Motor Carrier Act with the amendments to the definitions enacted by section 4 of this Bill.

SECTION 12: [Motor Carrier Act, amends section 21 (1)] harmonizes section 21 (1) of the Motor Carrier Act with the amendments to the definitions enacted by section 4 of this Bill.

SECTION 13: [Motor Carrier Act, amends section 39] removes references to freight insofar as freight vehicles are not to be regulated under the Motor Carrier Act as amended by this Bill, and harmonizes section 39 of the Motor Carrier Act with the amendments to the definitions enacted by section 4 of this Bill.

SECTION 14: [Motor Carrier Act, amends section 59] removes references to freight insofar as freight vehicles are not to be regulated under the Motor Carrier Act as amended by this Bill.

SECTION 15: [Motor Carrier Act, amends section 60 (1)] harmonizes section 60 (1) of the Motor Carrier Act with the amendments to the definitions enacted by section 4 of this Bill.

SECTION 16: [Motor Carrier Act, amends section 63] removes references to freight insofar as freight vehicles are not to be regulated under the Motor Carrier Act as amended by this Bill, and harmonizes section 63 (1) of the Motor Carrier Act with the amendments to the definitions enacted by section 4 of this Bill.

 
Motor Vehicle Act

SECTION 17: [Motor Vehicle Act, re-enacts section 16] re-enacts the section in order to refer to vehicle identification numbers.

SECTION 18: [Motor Vehicle Act, repeals and replaces section 21 (2) (b)] provides additional exemptions for students attending educational institutions.

SECTION 19: [Motor Vehicle Act, adds section 25 (1.1)] adds a new subsection to clarify the requirements that an applicant for a licence provide a residential address and proof of the applicant's identity.

SECTION 20: [Motor Vehicle Act, adds section 26 (5.1)] authorizes the Insurance Corporation of British Columbia to defer issuing a safety certificate unless all applicable motor vehicle indebtedness and fine indebtedness has been paid.

SECTION 21: [Motor Vehicle Act, repeals and replaces section 41 (1) and (2)] harmonizes the language of the Motor Vehicle Act with the new definitions in the Motor Carrier Act as enacted by section 4 of this Bill.

SECTION 22: [Motor Vehicle Act, re-enacts section 58] re-enacts the section in order to refer to vehicle identification numbers.

SECTION 23: [Motor Vehicle Act, amends section 83] corrects statute revision errors.

SECTION 24: [Motor Vehicle Act, amends section 83.2 (6)] corrects a statute revision error.

SECTION 25: [Motor Vehicle Act, enacts section 118.93] authorizes the superintendent to suspend a safety certificate pending the holding of a show cause hearing.

SECTION 26: [Motor Vehicle Act, enacts section 125.1] provides that when traffic signals at a controlled intersection are inoperative, drivers must proceed in the same manner as if it were an uncontrolled intersection with no yield signs.

SECTION 27: [Motor Vehicle Act, repeals and replaces section 146 (6)] replaces the provision that authorizes municipalities to set the speed limit for highways in municipalities and removes the 80 km/h upper limit imposed on those municipal authorities.

SECTION 28: [Motor Vehicle Act, amends section 212] clarifies that operators may be asked to deliver records they are obliged to keep to the Insurance Corporation of British Columbia for review or audit.

SECTION 29: [Motor Vehicle Act, enacts sections 212.1 and 212.2] establishes reporting requirements for operators and allows the Lieutenant Governor in Council to make regulations to promote safety in relation to vehicles for which safety certificates have been issued.

SECTION 30: [Motor Vehicle Act, amends section 217 (3)] provides for regulations making it an offence for an operator or owner of a motor vehicle to operate or allow the vehicle to be operated in contravention of a prescribed emissions standard.

SECTION 31: [Motor Vehicle Act, enacts Part 6] establishes safety requirements for and imposes safety related obligations on carriers.

SECTION 32: [Motor Vehicle Act, amends section 237] includes commercial passenger vehicles within the definition of "business vehicle" in section 237 of the Motor Vehicle Act as enacted by this Bill.


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